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Home My WebLink AboutMINUTES - 06062006 - C.36 TO: BOARD OF SUPERVISORS s L--� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR -_...... = . 1'< Costa DATE: June 6, 2006 sr"t COUtt"� County Q- -- 3 6 SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute an agreement with the Bethel Island Municipal Improvement District, Bethel Island area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an agreement with the Bethel Island Municipal Improvement District, in the amount of$62,200 to assist the County Watershed Program for the implementation of the National Pollutant Discharge Elimination System requirements on Bethel Island, for the period July 1, 2005 through June 30, 2007, Bethel Island area. (Unincorporated County Stormwater Utility Assessment Funds) (District V) CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR REMISHMENDAT BOA COMM1TTE -v . APPROVE OTHER SIGNATURE(S): // ACTION OF BO RD N y APPROVED AS RECOMMENDED y OTHER VO, E OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT J�\ COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact:Ronnie Levin(925-313-2281) ) RL:cw G:\FldCtl\Board Orders 2005 Onward\2006 BO\BIMID Agreement-7-05-"7;BO 6- ATTESTED 06-06.doc JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS cc: CAO Greg Connaughton,Assistant Public Works Director Rich Lierly,County Watershed Program BY: *DEPUTY k N SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute an agreement with the Bethel Island Municipal Improvement District, Bethel Island area. (District V) DATE: June 6, 2006 PAGE: 2 of 2 FISCAL IMPACT: There is no impact to the General Fund. REASONS FOR RECOMMENDATIONS AND BACKGROUND: This Interagency Agreement is needed to assist the staff of the Public Works Department with implementation of the Central Valley Regional Water Quality Control Board requirements for the Contra Costa County Municipal National Pollutant Discharge Elimination System Permit for Bethel Island. CONSEQUENCES OF NEGATIVE ACTION: If the Interagency Agreement is not approved, the County will be out of compliance with the Central Valley Regional Water Quality Control Board requirements for the Contra Costa County Municipal National Pollutant Discharge Elimination System Permit for Bethel Island. Contra Costa County INTERAGENCY AGREEMENT Number Standard Form A-4 (Agency Provides Services) Fund/Org# 7517 Revised 2002 Account# 2310 Other# 6W7209 1. Contract Identification. Department: Public Works Subject: Interagency Agreement between Contra Costa County Public Works Department and Agency named below for services to assist the County Watershed Program to implement the Contra Costa Clean Water Program National Pollutant Discharge Elimination System program in unincorporated Contra Costa County on Bethel Island. 2. Parties. The County of Contra.Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows: Agency: Bethel Island Municipal Improvement District (hereinafter"Agency") Capacity: A public agency Address: P.O. Box 244, Bethel Island CA 94511 3. Term. The effective date of this Agreement is July 1, 2005. It terminates on June 30, 2007, unless sooner terminated as provided herein. 4.. Payment Limit. County's total payments to Agency under this Agreement shall not exceed $62,200.00. 5. County's Obligations. County shall pay Agency for its provision of the services as set forth in the attached Payment Provisions, which are incorporated hereiiio y reference, subject to all the terms and conditions contained or incorporated herein. 6. Agency's Obligations. Agency shall provide those services and carry out that work described in the Service Plan attached hereto, which .is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Agreement is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. Not Applicable. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. Form A-4(Page 1 of 2) GAGrpDataT1dCdWPDEMB1MID Contract-JulyO5-JulyO7Unteragency Agreement.doc 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISO ATTEST: Clerk of the Board of Supervisors By hai man/Designee Deputy AGENCY By By (Signature of authorized Agency representative) (Signature p�aut ncy represent (Print name and title A) (Print name an title B) - Form A-4 (Page 2 of 2) G:\GrpData\rldCtl\NPDES\BIMID Contract-July05-JulyO7\lnteragency Agreementdoc intra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services - Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: ?e✓L Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On , before me, insert name and title of the officer), personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code al 189) L-2 ( Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number Standard Form P-2 (Cost Basis Contracts -Long and Short Form) Revised 2002 1. Pavment Basis. Subject to the Payment Limit,payments to Contractor for all services provided for County under this Contract shall only be for allowable costs that are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments as provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only] ❑ a.$ monthly,or ❑ b.$ per unit, as defined in the Service Plan,or ® c.An amount equal to Contractor's allowable costs that are actually incurred each month,but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. ❑ d.As set forth in Paragraph 1. of the Service Plan. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check applicable alternative] ❑ a. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. ❑ b. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of p oviding the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services. Place a checkmark next to the applicable subsection. ❑(1) Federal Management Circular A-87,including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. ❑(2) OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals). ❑(3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. ❑(4) OMB Circular No.A-21,including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions). 0(5) Appendix E Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable sts. Initials: Contractor County Dept. Form P-2 (Page 1 of 3) ntra costa county YA V 1VILIN 1 YKU V lalU1V a Number ,tandard Form P-2 (Cost Basis Contracts - Long and Short Form) Revised 2002 ❑ c. Part IV Department of Labor, Employment and Training administration,20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto. 4. Payment Demands. Contractor shall submit written demands on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five(45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County,showing the allowable costs that have actually been incurred by Contractor under this Contract. If the cost report shows that the allowable costs actually incurred-by Contractor under this Contract exceed the payments made by County, subject nevertheless to the payriient limit of this Contract, County will remit any such excess amount to Contractor, provided that the payments made,together with any such excess amount,may not exceed the contract payment limit. If the cost report shows that the payments made by County exceed the allowable costs actually incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 8. Audits. The records of Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable state or federal regulations,policies or contracts,but in no event later than 18 months from the termination date of this Contract. If such audit(s)show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract,including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement),then Contractor shall pay County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County,including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then County agrees to pay Initials: ontractor County Dept. Form P-2 (Page 2 of 3) t-ontra Losta county PAYMENT PROVISIONS Number Standard Form P-2 (Cost Basis Contracts - Long and Short Form) Revised 2002 Contractor any such excess amount, provided that payments made, together with any such excess payment, may not exceed the contract payment limit. 9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand,Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials:�c Contractor County Dept. Form P-2 (Page 3 of 3) Service Plan I. Scone and location of work: The work consists of patrolling, maintaining, cleaning and disposing of contaminants and removing illicit discharges from ditches and canals. It also includes pump maintenance and public education. The work shall be performed in the public rights-of-way and easements on Bethel Island. Portions of the work may be subcontracted to others provided they have appropriate licenses and insurance and meet the requirements of this agreement. The work shall include the following tasks: A. Regular ditch patrols and routine removal of garbage and debris. B. Heavy ditch and canal cleaning for removal of growth, limbs and foreign objects. C. Hauling and disposal of excavated material associated with work' encompassed in this service plan utilizing best management practices. D. Performing necessary roadside ditch cleaning to remove silt and other material impeding the flow of water to the canals. E. Documenting ditch cleaning work with records showing location, approximate size of facility and estimated quantity of debris removed based on the Estimate Guide. 1. Document the quantity of sediment material removed from ditches and channels by recording the specific cross sectional area, depth and length of excavation and calculated volume using the Estimate Guide for Ditch Cleaning (Attachment A). 11. The estimated volume of other material removed from the ditches, such as appliances, garbage and debris, tree limbs and brush, shall be recorded each day removal activity is performed and shall be further documented with dump tags,recycling receipts or other certification of proper disposal. 111. Complete form "Information for the Contra Costa County Watershed Program Annual Report" (Attachment B) and submit it to the County Watershed Program by July 15 of each fiscal year. F. Public Education: distribute pamphlets on stormwater pollution prevention to the public and provide training to Bethel Island Municipal Improvement District(Agency) staff on stormwater quality mitigation at least annually. G. Remove illicit discharges from Agency's ditches as soon after discovery as it is possible to schedule staff and equipment to perform the work . H. Perform pump maintenance for the Agency's main pumps that discharge stormwater into the sloughs around Bethel Island as necessary, based on weather conditions. 2. Term of the contract: The contract term is from July 1, 2005 through June 30, 2007, unless sooner terminated as provided herein. 3. Time service is to be provided: The work shall be done during Bethel Island Municipal Improvement District's normal working hours, limiting overtime as much as possible except in cases of emergencies. 4. Performance standards and coals: Maintenance and related patrol of ditches and canals, removal of illicit discharges and disposal of removed materials must be performed using best management practices to improve the quality of resultant stormwater reaching drainage facilities and being pumped into the slough surrounding Bethel Island. The goal of the public education tasks is to provide information on stormwater pollution prevention and mitigation. Payment provisions: Services must be substantiated with proper documentation. Demands for payment shall be made on County Demand Form D-15, (Attachment C), submitted prior to July 15, 2006 for fiscal year 2005-2006 and prior to July 15, 2007 for fiscal year 2006-2007. Payments will be made upon approval of such demand by the head of the Public Works Department, or a designee. Payments in any fiscal year shall not exceed the total estimated program expenditure shown in the Budget of Estimated Program Expenditures (Attachment D). Service documentation shall be consistent with the hourly wages and equipment rates shown in Attachment E. The scope of services shall be subject to County approval; however, payment of properly documented services shall not be unreasonably withheld. Service units are labor and equipment hours actually worked at the hourly wages and equipment rates shown in Attachment E. The Contractor will be entitled to an annual rate adjustment on July I"of each year this contract is in effect. The adjustment shall be based on the change in prices shown in the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland-San Jose area,published by the U.S. Department of Labor, Bureau of Labor Statistics, that is published closest to July 1St 5. State or federal statute or regulation: Work shall be performed in conformance with the following documents: Contra Costa County Ordinance Number 2005-01, Storm Water Management and Discharge Control (Attachment F); State Water Resources Control Board, Central Valley Region Order No. 5-00-120, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0083313 Waste Discharge Requirements for Contra Costa County and the Contra Costa County Flood Control and Water Conservation District as modified by Order No. R2- 2003-0022 for the San Francisco Bay Regional Water Quality Control Board(as agreed to by the Contra Costa Clean Water Program)(Attachment G); State Water Resources Control Board Order No. 99-08-DWQ NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (Attachment H). Initials: Contractor County Contra Costa County Number Standard Form L-4 Revised 2002 SPECIAL CONDITIONS (Purchase of Services -Long Form) Contra Costa County Number 1. Interagency Agreement, Payment Provisions, Service Plan and the Scope of Work documents.Wherever Contractor, Contractors, Contractor's or Contractors' is specified in the Interagency agreement, Payment Provisions, Service Plan, Scope of Work, these Special Conditions and/or the General Conditions,.it shall be considered to be replaced with Agency, Agencies,Agency's or Agencies', respectively. 2. Payment Provisions, Section 2. Payment Amounts. Payment shall be based on the attached Bethel Island Municipal Improvement District Wage Rates and Equipment Rates and the attached Budget of Estimated Program Expenditures for the period from July 1, 2005 to June' 30, 2007. Payment for the total cost of pump maintenance for the Agency's main pumps that discharge stormwater into the sloughs.around Bethel Island shall not exceed $3000 in any one fiscal year. 3. Payment Provisions, Section 4. Payment Demands.The second sentence of paragraph 2, Payment Demands of the Payment Provisions is hereby deleted and replaced with the following: "Agency shall submit demands for payment no later than 60 days from the end of the month in which the contract services upon which such demand is based were actually rendered." Demands for payment for work performed before April 15, 2006 shall be submitted by June 15, 2006. Demands for payment for work performed after July 1, 2006 and before April 15, 2007 shall be submitted by June 15, 2007. . 4. Payment Provisions, Section 7, Cost Report and Settlement. The first sentence of paragraph 7, Cost Report and Settlement of the Payment Provisions is hereby deleted and replaced with the following: "No later than sixty(60) days, following the termination of this contract," Agency shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Agency under this Contract." j 5. Payment Provisions, Section 9. Audit Exceptions.The second sentence of paragraph 9, Audit Exceptions of the Payment Provisions is hereby deleted and replaced with the following: "Within sixty(60) days of demand,Agency shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from audit exceptions to the extent such are attributable.to Agency's failure to perform properly any of its obligations under this contract." GAGrpData\FldCtl\NPDES\BIMID Contract-July05-June07\Special Conditions.doc Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing,employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the. State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of California, and the United States Government. b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section 1861(v)(1)of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the County,the . Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period,such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract; the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party,in its sole discretion,upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. L-5 (Page 1 of 6) _ _____ _� ___ � vaJt•+.au aL \.V1Y1L1V1\V ' Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate'this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such tennination,County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non- County funding for this Contract ceases,this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval,by its designee, subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval,provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. L-5 (Page 2 of 6) Initials: Contractor County Dept. Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor, or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent,servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor, its officers,partners,associates,agents,and employees,shall not make,participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seg., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to, the identity of persons served under this Contract,their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. L-5 (Page 3 of 6) Initials: Contractor County Dept. Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 17. Nondiscriminatory Services. Contractor agrees that all goods and services under.this Contract shall be available to all qualified persons regardless of age, sex,race, religion,color,national origin,ethnic background,disability,or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from any and all claims,costs and liability for any damages,sickness,death,or injury to person(s)or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,with a minimum combined single limit coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof,arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal governments, and their officers, agents,and employees, so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000,the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either anew insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,then Contractor shall provide(a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty(30) days written notice to County before cancellation or material change of the above specified coverage. L-5 (Page 4 of 6) Initials: Contractor County Dept. Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 20. Notices. All notices provided for,by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to. County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt_by the head of the county department for.which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands.and agrees that there is no representation, implication, or understanding that the services provided by Contractor.under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Coayrizhts and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. if any material is subject to copyright,County reserves the right to copyright,and Contractor agrees not to copyright,such material. If the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials, in whole.or in part, and to authorize others to do so. . 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular.brand name or commercial product without the prior.approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. L-5 (Page 5 of 6) Initials: Contractor County Dept.' Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source,Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO),the pass-through entity and/or the County. If any such audit is required,Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for tfie conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) Initials: Contractor County Dept. CA U v, H � � Z �° QO d` H � "'�' K? nn• © 0 b H � a � � A Attachment B BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT INFORMATION FOR THE COUNTY WATERSHED PROGRAM ANNUAL REPORT The following information shall be provided to inform the Contra Costa Clean Water Program and the Central Valley Regional Water Quality Control Board of stormwater quality mitigation work that the Bethel Island Municipal Improvement District has accomplished for the County Watershed Program. This information must be submitted to the County Watershed Program by July 15 of each fiscal year to include it in the Annual Report: DESCRIPTION INDUSTRIAL COMMERCIAL RESIDENTIAL TOTAL AREAS AREAS AREAS C.Y. C.Y. MUCK C.Y. MUCK C.Y. MUCK MUCK V-Ditches/l.f Roadside ditches Pump Stations # Trash Racks # DESCRIPTION INDUSTRIAL COMMERCIAL RESIDENTIAL TOTAL AREAS AREAS AREAS l.f./# V-Ditches/l.f. Roadside ditches Pump Stations # Trash Racks # DESCRIPTION INDUSTRIAL COMMERCIAL RESIDENTIAL TOTAL AREAS AREAS AREAS AREAS C.Y. C.Y. Vegetative C.Y. Vegetative C.Y. Vegetative Material Material Vegetative Material Material V-Ditches/l.f. Roadside ditches Pump Stations # Trash Racks # GAGrpData\FldCtl\NPDES\BIMID Contract-Ju1y05-Ju1y07\Annual Report Info Form.doc VENDOR_NO. ASC DEMAND Attachment C L44onl on the Treasury of the COUNTY OF CONTRA COSTA STATE OF CALIFORNIA Made by: DATE -- Name (Last) (First) Address Gity,State Zip Code For the sum of Dollars $ As itemized below: DATE DESCRIPTION AMOUNT I — The undersigned, under the penalty of perjury states: That the above claim and the items as therein set out are true and correct, that no part thereof has been heretofore paid, and that the amount therein is justly due, and that the some is presented within one year after the last item thereof has accrued. Signed- — —— -- --- __ VENDOR NO. Received,Accepted and Expenditure Authorized: (Department Head or Chief Deputy)_ —— SUM NO. INV.DATE I DESCRIPTION FUNDIORG. I ACCOUNT I ENCUMBRANCE NO. P/C7� — PAYMENT AMT. I ,...w :q_ .r..__, $..5,:1•. :"- '. ..:;`r_.. ..,.c-.� -i)+�' .t;'3':�•r'}1:.::`.Yk:�, - .f{- TASK OPTION V ITYACTT DISCOUNT AMT. i 4v�'J.:wv .r,r�'r_.. .+.r....,,_:-�r' _ -.-.£.-.. '+-.}l�^�- .'3� _'.�ir:4'a•'rti'.a_ $ _ �fi,� 4P,nn ;,F..:tj'.� v?5f-+ - Ti�.i:�' rTv{„1!r'F� �- :":1?-?%ac r�3'q'_'rJ:V•i'� $ - ,.:-r:_r?-.:.-•r.,.�`'_.r:..�c nla::,:.....n.-:.J: ��'t2£c�`2i.{?=3� -::fF,�.r. �ri':i��iij+7�'-.r.r _ _ II _ _ SUM NO. TINV.DATE I DESCRIPTIONF�UND/ORG. ACCOUNT ENCUMBRANCE NO. P/C PAYMENT AMT. II - ...,:-„ —_ •�J -a:...,•.c: a,:^._. a_.:::yc>:p.::,�.o._.._..,t ..,..,,..v,:.;r... _':',�-:,Y u"=c+"..•.i'r:?=1:,{...:, ..=£7'.:';�i= I ':?'_y+}'';? TASK OPTION ACTIVITY DISCOUNT AMT. _.R_� --= +� __ �} »y,:rtt�c"= *f�-'.rnC -r. ��`'cr: .:.ary'F'{r:;.'.p.."rid`)'r':':3�':^,4.��r+:•i.`:':.._...t:��::f�::.x' rr'..•'w �.5 � _ _ - s ..-,... _ _ .. ,a. ..::_�_�.. ..,.:•�:J:.r,_.._r..,.� y ;4ac`^ SUM NO. INV.DATE I1 DESCRIPTION FUND/ORG. ACCOUNT I ENCUMBRANCE NO.I P/C PAYMENT AMT. . .,y:�'-�,:�•:'z-:.. ,.-.....::�.,:_:..;.;::<t...-.r�q::'.,:� ::rte :.a::: tt5h' ':::e';: _ .'';r:.; .��:; .._-.:,.,-,.�..,.c_:..�.....:..-c_l:�r-.ac_.-.�>.:.f.:-,�.T+r,--:..,_w.-.a_..s.._:,9r;^[_a:-:_..s,:„:-..>-•�.-.r,:,_a.......�.:.:.._...,...�..�._>�--ar_,...G...,.�:.,.;...,.?...::�.•,:_..ar..::,:h.r,:.?.S..rr_-.rf;;a._.J�.:•.:.vr,.•-=.r.?.,.n..r..�:f..a,:.c:r.�>..�r.�-:1_..:._..:�._ri:..,,_.:,,:fi..�—.��rn^':-:�_F'-.'.:,�:'=;,'.�"�'1'.::or-yF.''�.L+(.'.,,'3:.,;,-J.-',s.s:.�an �,- e TASK OPTION I ACTIVITY DISCOUNT AMT. ,..._.,.,r ..,�..-..,_,'X_r...r...__-.._,y._.,.........-7.......... ........•..,,..a,.-. r_,��';�2' ,fir.<• a:s�;'f'; SUM NO. I INV.DATE DESCRIPTION FUND/ORG. ACCOUNT I ENCUMBRANCE No. P/C PAYMENT AMT. I �>�a=::...:��::.;.::r`_;:1:::'...•F��;�?t�`_?.,.:...:rte:;�`'r;:�.�;:,, u:_'>: TASK OPTION ACTIVITY _,M1�., _ DISCOUNT AMT. -..vr. .tee.._ �.-.r_;•tc_co.::>wx.-.. ..SS ;"A�i': ..Tc:•_;>:-^.;:.:,.r.:: .M. r:5»5:'s.•;^ _ .drs1,:bJ:p�?y I ',l ..- -^r . .3�,. y'ii„-o' _ -. ., D15 (Rev. 10/77) S:Audtior-Controller:Dept.Forms:D-15 Demand Attachment D BUDGET OF ESTIMATED PROGRAM EXPENDITURES JULY 1, 2005 TO JUNE 30, 2007 BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT ITEM OF WORK ESTIMATED PROGRAM EXPENDITURE 1. Regular ditch patrols and routine removal of 10-15% garbage and debris 2. Heavy ditch and canal cleaning by outside 35-50% contractors for removal of growth, limbs and foreign objects 3. Hauling and disposal of excavated material 10-15% 4. Necessary roadside ditch cleaning to remove 30-40% silt and other material impeding the flow of water to the canals 5. Public Education: distribute pamphlets to the 10-15% public and provide training to Bethel Island Municipal Improvement District (Agency) staff 6. Remove illicit discharges from Agency's 10-15% . ditches 7. Pump maintenance for the Agency's main 5-15% pumps that discharge stormwater into the sloughs around Bethel Island. Total Estimated Program Expenditure $31,100 annual payment limit G:\GrpData\FldCtl\NPDES\BIMID Contract-Ju1y05-Ju1y07\BUDGET OF ESTIMATED PROGRAM EXPENDITURES.doc Attachment E BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT (BIMID) WAGE AND EQUIPMENT RATES FOR JULY 1, 2005 TO JUNE 30, 2007 AGREEMENT WAGE RATES* 1. BIMID Wage Rates June 1, 2005 to June 30, 2007 EQUIPMENT RATES* 2. Bethel Island Municipal Improvement District Equipment Rates July 1, 2005 to June 30, 2007 * Annual rate adjustment upon each annual anniversary of this contract, the amount of said increase to be approved by the County. GAGrpData\F1dCt1\NPDES\BIMID Contract-Ju1y05-Ju1y07\Wage and.Equipment Rates.doc BIMID WAGE RATES JULY 1, 2005 THROUGH JUNE 30,2006 Rates include: retirement, health insurance,workers compensation,vacation, sick leave, holidays, Social Security, Medicare (when applicable), FICA, (when applicable) State unemployment insurance, and training tax. LAWRENCE MARTINS 7-1-05 thru 12-31-05 Add to per hour cost for overtime Base @ $24.09 per hour . $50,107 12.05 Worker's Comp @$7.633 per$100 $3,825 0.92 Hlth/Dental Insurance @$675.26 per month $8,103 Employer's Contribution for retirement @$1338.52 per month $16,062 Soc. Security, Medicare matching @ 1.45%of wage $727 0.17 UI &training tax @ 6.2%of first$7000 434 Cost per year $79,258 13.14 Work hours per year 2080 Vacation hours(3 weeks) (120) Holiday hours (72) Sick leave hours (48) Actual work hours per year 1840 Cost per year/actual hours= $43.07 per hour cost to District $56.21 Overtime.per hour cost to District. $69.35 Double time per hour cost to District LAWRENCE MARTINS 1-1-06 thru 6-30-05 Add to per hour cost for overtime Base @ $24.09 per hour $50,107 12.05 Worker's Comp @$7.633 per$100 $3,825 0.92 HIthlDental Insurance @$751.52 per month $9,018 Employer's Contribution for retirement @$1338.52 per month $16,062 Soc. Security, Medicare matching @ 1.45% of wage $727 0.17 UI &training tax @ 6.2%of first$7000 Cost per year $80,173 13.14 Work hours per year 2080 Vacation hours (3 weeks) (120) Holiday hours (72) Sick leave hours (48) Actual work hours per year 1840 Cost per year/actual hours= $43.57 per hour cost to District $56.71 Overtime per hour cost to District $69.85 Double time per hour cost to District JUSTIN MARTINS 7-1-05 thru 12-31-05 Add to per hour cost for overtime Base @ $21.60 per hour $44,928 10.80 Worker's Comp @$7.633 per$100 $3,429 0.82 Hith/Dental Insurance @$675.26 per month $8,103 Employer's Contribution for retirement @$1200.17 per month $14,402 Soc. Security, Medicare matching @ 1.45% of wage $651 0.16 UI &training tax @ 6.2%of first$7000 34 Cost per year $71,948 11.78 Work hours per year 2080 Vacation hours (3 weeks) (120) Holiday hours (72) Sick leave hours (48) _ Actual work hours per year 1840 Cost per year/actual hours= $39.10 per hour cost to District JUSTIN MARTINS 1-1-06 thru 6-30-05 Add to per hour cost for overtime Base @ $21.60 per hour $44,928 10.80 Worker's Comp @$7.633 per$100 $3,429 0.82 Hlth/Dental Insurance @$751.52 per month $9,018 Employer's Contribution for retirement @$1200.17 per month $14,402 Soc. Security, Medicare matching @ 1.45% of wage $651 0.16 UI &training tax @ 6.2%of first$7000 434 Cost per year $72,863 11.78 Work hours per year 2080 Vacation hours (3 weeks) (120) Holiday hours (72) Sick leave hours (48) Actual work hours per year 1840 Cost per year/actual hours= $39.60 per hour cost to District PAUL HARPER Thru 9-24-05 Base @ $37.00 per hour(part time-80%) $61,568 Worker's Comp @$1.207 per$100 $743 Hlth/Dental Insurance @ $540.84 per month $6,490 Employer's Contribution for retirement @$1678.53 per month $20,142 Soc. Security, Medicare matching @ 1.45% of wage $893 UI &training tax @ 6.2% of first$7000 Cost per year $90,270 Work hours per year 1664 Vacation hours (2 weeks) (64) Holiday hours (58) Sick leave hours (38.5) _ Actual work hours per year 1503.5 Cost per year/actual hours= $60.04 per hour cost to District PAUL HARPER Effective 9-25-05 Base @ $37.00 per hour(full time) $76,960 Worker's Comp @$1.207 per$100 $929 Hlth/Dental Insurance @$540.84 per month $6,490 Employer's Contribution for retirement @$2098.16 per month $25,178 Soc. Security, Medicare matching @ 1.45% of wage $1,116 Ul &training tax @ 6.2% of first$7000 434 � Cost per year $111,107 ; Work hours per year 2080 Vacation hours (2 weeks) (80) Holiday hours (72) Sick leave hours (48) Actual work hours per year 1880 Cost per year/actual hours= $59.10 per hour cost to District JULIE HUGEL Base @ $18.25 per hour(part time-80%) $30,368 Worker's Comp @$1.054 per$100 $320 Soc. Security, Medicare matching @ 1.45% of wage $440 UI &training tax @ 6.2% of first$7000 $434 Employer's Contribution $9,750 for retirement @ $812.46 per month Cost per year $41,312 Work hours per year 1664 Vacation hours (2 weeks) (64) Holiday hours (58) Sick leave hours (38.5) Actual work hours per year 1503.5 Cost per year/actual hours $27.48 per hour cost to District DENECE BIXBY Base @$11.00 per hour(part time-50%) $11,440 Worker's Comp @$1.054 per$100 $121 Soc. Security, Medicare matching @ 7.65%of wage $875 UI &training tax @ 6.2% of first$7000 $434 Cost per year $12,870 Work hours per year 1040 Vacation hours(2 weeks) (40) Holiday hours (36) Sick leave hours (24) Actual work hours per year 940 Cost per year/actual hours $12.37 per hour cost to District DENECE BIXBY Base @ $12.10 per hour(part time-50%) $12,584 Worker's Comp @$1.054 per$100 $133 Soc. Security, Medicare matching @ 7.65% of wage $963 UI &training tax @ 6.2% of first$7000 $434 $14;113 Work hours per year 1040 Vacation hours(2 weeks) (40) Holiday hours (36) Sick leave hours (24) Actual work hours per year 940 Cost per year/actual hours $13.57 per hour cost to District JAY ARMSTRONG Add to per hour cost for overtime Base @ $15.00 per hour $31,200 7.50 Worker's Comp @$7.633 per$100 $2,381 0.57 Soc. Security, Medicare matching @ 7.65%of wage $2,387 0.57 UI &training tax @ 6.2%of first$7000 434 Cost per year $36,402 8.64 Work hours per year 2080 Cost per year/actual hours $17.50 per hour cost to District $26.14 Overtime per hour cost to District $34.78 Double time per hour cost to District DEAN MORELAND Add to per hour cost for overtime Base @ $15.00 per hour $31,200 7.50 Worker's Comp @$7.633 per$100 $2,381 0.57 Sac. Security, Medicare matching @ 7.65% of wage $2,387 0.57 UI &training tax @ 6.2% of first$7000 434 Cost per year $36,402 8.64 Work hours per year 2080 Cost per year/actual hours $17.50 per hour cost to District $26.14 Overtime per hour cost to District $34.78 Double time per hour cost to District BIMID EQUIPMENT RATES 2005-2006 CAL TRANS RATES 100%. BH001 Case Back Hoe 590 31.24 CS001 Chain Saw 1.48 DS001 12-foot Disc 3.89 DT001. Small Dump Truck-Ford 29.98 DT002 Large Dump Truck-Ford 41.04 DT004 Large Dump Truck-Pete 41.04 DT005 Water Truck-Ford 30.44 DZ001 Dozer-JD 23.86 FS001 Fill Stand FT001 Fuel Tank 0.48 GRO01 670A Grader-John Deere 28.22 LD001 Case W30 Loader-Tire 49.82 LD002 Cat 9801 76.42 _ MO001 Mower 1.17 PH001 1-1/2" Pump& Hose 3.82 PH002 4" Pump& Hose 15.59 P0001 1986 Ford Pickup 11.38 P0002 1998 Ford Pickup 11.38 P0003 2002 Dodge Pickup 11.38., SP001 Sprayer 5.40 TRO01 Equipment Trailer 3.81 UF001 Utility Fuel Truck 11.38 WE001 Weed Eater 1.30 CX001 Case Excavator 45.39 CP001 CAT Compactor 65.65 Boat 7.80 i BIMID EQUIPMENT RATES 2005-2006 90% BH001 Case Back Hoe 590 28.12 CS001 Chain Saw 1.33 DS001 12-foot Disc 3.50 DT001 Small Dump Truck-Ford 26.98 DT002 Large Dump Truck-Ford 36.94 DT004 Large Dump Truck-Pete 36.94 DT005 Water Truck-Ford 27.40 DZ001 Dozer-JD 21.47 FS001 Fill Stand FT001 Fuel Tank 0.43 GR001 570A Grader-John Deere 25.40 LD001 Case W30 Loader-Tire 44.84 LD002 Cat 9808 68.78 MO001 Mower 1.05 PH001 1-1/2" Pump& Hose 3.44 PH002 4" Pump&Hose 14.03 P0001 1986 Ford Pickup 10.24 P0002 1998 Ford Pickup 10.24 P0003 2002 Dodge Pickup 10.24 SP001 Sprayer 4.86 TRO01 Equipment Trailer 3.43 UF001 Utility Fuel Truck 10.24 WE001 Weed Eater 1.17 CX001 Case Excavator 40.85 CAT Compactor 59.09 7.02 i Attachment F .ORDINANCE NO.2005-01 STORMWATER MANAGEMENT AND DISCHARGE CONTROL , i The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): i SECTION I. SUMMARY. This ordinance replaces Chapters 1014-2 and 1014-4 and amends Section 1014-6.014 of the County Ordinance Code to comply with the requirements of Provision C.3 of the county's National Pollutant Discharge Elimination System (NPDES)stormwater permit issued by the San Francisco Bay Regional Water Quality Control Board.That permit requires the county to m=t legislation by February 15,2005 that requires implementation of source control and site design measures for all new construction,redevelopment,and infill projects that create or replace more than an acre(43;560 square feet) of impervious surface. As of August 15.,2006,this.surface threshold is required to be 10,000 square feet. SECTION 11. Chapter 1014-2 of the County Ordinance Code is repealed in its entirety and replaced by new Chapter 1014-2,which is added to the County Ordinance Code to read: Chapter 1014-2 GENERAL PROVISIONS 1014-2.002 Intent and purpose. (a) The intent of this division is to protect and enhance the water quality of.the countv'.s unincorporated area watercourses pursuant to and consistent with the Porter-Cologne Water Quality Control Act (Water Code § 13000 et aeq.),the Federal Clean Water Act (33 U.S.C. § 1251 et seq.), and applicable implementing regulations. (b) This division.also carries out the conditions in the county's National Pollutant Discharge Elimination System (NPDES)permit issuedby the San Francisco Bay Regional Water Quality Control Board that require, no later than February 15, 2005,implementation of appropriate source control and site design measures and stormwater treatment measures for projects that create or replace one acre(43,560 square feet) or more of impervious surface. Effective.August 15, 2006, this threshold is reduced to projects that create or replace 10,000 square feet or more of impervious surface. (c) It is the purpose of the board of supervisors in enacting this division to protect the health, safety and general welfare of the citizens of the unincorporated areas by (1) Eliminating, to the maximum extent practicable, illicit stormwater discharges to the stormwater system,pollutants of which otherwise would degrade the water quality of local streams. (2) Minimizing increases in nonpoint source pollution caused by stormwater runoff from development that otherwise would degrade local water quality. ORDINANCE NO. 2005-01 i i (e) "Development runoff requirements"means the provisions in the county's NPDES permits that contain performance standards to address both the construction and post- construction phase impacts of new projects and redeveloped projects on stormwater quality. These requirements are in section C.3 of the county's NPDES permits. (f) "Director"means the Director of Public Works or his or her designee. i (g) "Guidebook"means the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook. (h) 'Illicit discharge"means any discharge to the county's stormwater system that is not composed entirely of stormwater, except a discharge in compliance with a NPDES permit. (i) "NPDES"means the National Pollutant Discharge Elimination System, established by the Federal Water Pollution Control Act, as amended, also known as the Clean Water Act (33 U.S.C. Section 1251 and following). (j) "Pollutant"means any material other than stormwater discharged into the water or stormwater system, including, but not limited to,petroleum products or by-products; solid waste;incinerator residue; sewage; sewage sludge;heat; chemical waste;biological materials;radioactive materials; wrecked or discarded equipment;rock; sand;soil; or industrial, municipal, or agricultural waste. (k) "Premises means any building; structure; facility; land or portion of land whether improved or unimproved; or installation, including a building's grounds or other appurtenances; and adjacent sidewalks and parking strips. (1) `Responsible person"means the owner or occupant of any premises or any person who engages in any activity from which there is or may be a discharge prohibited by Section 1.014-4.006, or any person who releases pollutants to.the county's stormwater system. (m) "Stormwater"means flow of water ori the surface of the ground resulting from precipitation. (n) "Stormwater management facility"means any device designed to detain,retain,filter, or infiltrate stormwater. (o) "Stormwater control plan"means a plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook. (p) "Stormwater control operation and maintenance.plan" is a county approved document detailing operation and maintenance requirements for stormwater management facilities incorporated into a project. (q) "Stormwater system" is that system of facilities (man made or natural)by which stormwater may be conveyed, including flood control channels, any.roads with drainage systems, city streets, catchbasins, curbs, gutters, ditches, improved channels, storm drains, or storm drain system, which are not part of a Publicly Owned Treatment Works ("POTW") as that term is defined in 40 CFR Section 122.2. (Ord. 2005-01 §2,96-21 § 3.) ORDINANCE NO. 2005-01 (2) Streets,roads, highways; and freeways under the county's jurisdiction that create 10,000 square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes,trails,bridge accessories, guardrails, and landscape features. (3) Developments on previously developed sites that result in the addition.or replacement of a combined total of 10,000 square feet or more of impervious surfaces. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance or repair includes roof or exterior surface replacement, pavement resurfacing,repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed. (c) Every application for a development, including but not limited to a rezoning,tentative map,vesting tentative map,parcel map, conditional use permit, variance, development plan, site development permit, design review, or building permit,that is subject to development runoff requirements in the county's NPDES permits, shall comply with all requirements of the county's NPDES permits and be accompanied by a stormwater control plan that meets the criteria in the guidebook. Applications will not be deemed complete for processing until after the stormwater control plan has been reviewed and approved for completeness. (d) For any development where a stormwater control plan is required,implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan is a condition precedent to the issuance of a certificate of occupancy or-final inspection permit. (e) All stormwater management facilities implemented pursuant to this subsection shall be designed, constructed,maintained, and operated according to all requirements of the county's NPDES permits, the guidebook, and the approved stormwater control operation and maintenance plan. The person(s) or organization(s)responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The plan also shall describe how the maintenance costs will'be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the county may use any of the remedies provided in Chapter 1014-6 or otherwise available in law or equity. (f) If a stormwater control plan requires the construction of stormwater management facilities (structural BMPs), the property owner must comply with Chapter 94-4 and must provide recorded covenants, easements, or offers of dedication allowing access for inspection and maintenance of those facilities by the county, the Contra Costa Mosquito and Vector Control District, the regional water quality control boards, the fire protection districts,the sanitary or sanitation districts, the municipal improvement districts, the reclamation districts, and other public agencies that have jurisdiction over the property. (Ord. 2005-01 §3, 96-21 3.) ORDINANCE NO. 2005-01 -5 i pollutants. Ekarnples of such activities include the ownership and use of premises that may be a source of pollutants, such as parking lots, gasoline stations,industrial facilities, business enterprises, and dwelling units. (b) Litter. No person shall throw, deposit, leave,keep or permit to be thrown, deposited, placed, left or maintained, any refuse,rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk,business place, creel:, stormwater system, fountain,pool; lake, stream,river or any other body of water, or upon any public or private parcel of land, except in containers or in lawfully established waste disposal facilities. (c) Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in front of which there is a paved:sidewalk, shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept.or otherwise made or allowed to go into the gutter or roadway,but sha11 be disposed of in receptacles maintained as required for the disposal of solid waste. (d) Padang Lots,Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot,a paved area of a gasoline station, a paved private street or road, or a related stormwater system shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the county's stormwater system. (e) Best Management Practices for.New Developments and Redevelopments. All construction contractors performing work in the unincorporated area of the county shall conform to the requirements of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbooks for Construction Activities and New Development and Redevelopment,the Association of Bay Area Governments (ABAG) Manual of Standards for Erosion&Sediment Control Measures,the county's grading ordinance(Division 716 of the Ordinance Code), this ordinance, and other generally accepted engineering practices for erosion control as required by the director. The director may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants. (f) Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency,the State Water Resources Control Board, or the regional water quality control board (San Francisco Bay Region or Central Valley Region),shall provide the notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit. (g) Compliance with Best Management Practices. Where best management practices, guideiines or requirements have been adopted by any federal, state, regional, city, or ORDINANCE NO. 2005-01 (b) Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant,nr pursuant to a search or inspection warrant, any authorized county employee may use on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the authorized county employee may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site. (c) Notification of Spills. (1) All persons in charge of a premises or responsible for emergency response for a premises have a responsibility to train premises personnel and maintain notification procedures to ensure that immediate notification is provided to the county of any suspected, confirmed or unconfirmed release of material, pollutants, or waste that creates a risk of discharges prohibited under Section 1014-4.006 into the county stormwater system. (2) As soon as any person in charge of a premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of.discharges prohibited under Section 1014-4.006 entering the county stormwater system, such person shall take all necessary steps to ensure the discovery, containment, and clean up of such release, and shall promp-tly notify the director of the occurrences by telephone. This notification requirement is in addition to and not in lieu.of other required notifications. (d) Requirement to Test or Monitor. Any authorized county employee may require that any person engaged in any activity that may cause'or contribute to discharges prohibited under Section 1.014-4.006,to undertake such monitoring activities or analysis, or both, and furnish such reports as the employee may specify. The burden of the requirements imposed,including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the honitoring, analysis and reports and the benefits to be obtained. The.recipient of such request shall undertake and provide the monitoring, analysis and reports required in a timely manner. (e) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this division, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises any condition that makes such building, or premises in violation of this division,the director may enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this division,with consent of the owner or occupant. If consent is refused, or if the owner or occupant cannot be located,the director may proceed pursuant to a search or inspection warrant. (Ord. 2005-01 §3, 96-21 § 3.) ORDINANCE NO. 2005-01 -Q- ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator Deputy oard Chair [SEAL] KH:kh HAStonnwateAStormwaterOrdinance 12?3-04.wpd i ORDINANCE NO. 2005-01 Attachment G CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ORDER NO. 5-00-120 NPDES NO. CA0083313 WASTE DISCHARGE REQUIREMENTS FOR CITY OF ANTIOCH . CITY OF BRENTWOOD CTTY OF OAELEY CONTRA COSTA COUNTY CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONTRA COSTA CLEAN WATER PROGRAM STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY ie California Regional Water Quality Control Board, Central Valley Region, (hereafter Board) finds 1. The County of Contra Costa, Contra.Costa.County Flood Control and Water Conservation District, the cities of Antioch, Brentwood and Oakley(hereafter collectively referred to as Dischargers) and 16 other incorporated cities within the jurisdiction of Contra Costa County, have jointly formed the Contra.Costa Clean Water Program(hereafter Program). On behalf of the Dischargers, the Program submitted a report of waste discharge application on 30 June 1998 for reissuance of the waste discharge requirements under the National Pollutant Discharge Elimination System (NPDES) area-wide municipal storm water permit to discharge storm water runoff from storm drains and watercourses within the jurisdiction of the Dischargers and to implement a Storm Water Management Plan(hereafter Plan)for the Contra Costa Clean Water Program. On 01 February 2000, the City of Oakley submitted a letter to the Board indicating its intent to join the Program and as a result, is named as one of the Dischargers under this permit. 2. The Dischargers are currently covered under the NPDES, area-wide municipal storm water permit, Order No. 94-001 (NPDES No. CA008297) adopted on 28 January 1994 with the exception of the City of Oakley, which is covered under the Contra Costa County storm water program. The incorporated cities of Antioch, Brentwood and Oakley (hereafter Cities), Contra Costa County (hereafter County), and the Contra Costa County Flood Control and Water �� J Conservation District (hereafter District) are referred to separately as Permittees and jointly as WASTE DISCHARGE REQUI11MIENTS ORDER NO. 5-00-120 3 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM ,`—VNTR.A COSTA COUNTY of the existing and new development is for residential land use, the Cities continue to focus their resources in reducing non-storm water discharges from residential areas. 10. The County and portions of the Cities are composed of mainly agricultural,rural and open space land uses. It is not the intent of the federal storm water regulations to regulate storm water discharges from land uses of these types. Therefore, these areas of the County and Cities are exempt from the.requirements of this permit. 11. Section 402(p) of the.Clean Water Act (CWA) as amended by the Water'Quality Act of 1987 (WQA),.requires NPDES permits for storm water discharges from separate municipal.storm drain systems, storm water discharges associated with industrial activity (including construction activities) and prohibits non-storm.water discharges into these systems. On 16 November 1990, the U.S. Environmental Protection Agency (U.S. EPA) published regulations for storm water discharges pursuant to section 402(p) of the CWA. 12. The application requirements that the Board has determined to be applicable to the Dischargers include submittal of a Storm Water.Management Plan(Plan) to reduce the discharge of pollutants in storm water to the maximum extent practicable, and to effectively prohibit non storm water discharges into municipal storm drain systems and watercourses within the Discharger's jurisdiction that they own and/or operate. 13. The Plan describes the framework for management of storm water discharges during the term of thispermit. The title page and table of contents are attached to this Order. The Plan descrtes that Program's goals and objectives, legal authorities, management strnctnre, funding,the annual reporting and prograE i evaluations process, approach to watershed manages=and monitoring,and Performance Standards. The chapters of the Plan include the. following elements: a) Program Management;" b) New Development and Construction Controls; C) Public-Information and Industrial Outreach; d) Municipal Maintenance Activities; e) Inspection Activities; f) Illicit Discharge Control Activities; g) Monitoring and Special Studies; and h) Watershed Management Activities: 14. The Plan and modifications or revisions to the Plan that are approved in accordance with. Provision D.10 and D.I I of this Order, and the annual format to be submitted in accordance with the Plan and Provision D.5 of this Order are an integral and enforceable component of this Order. x WASTE DISCHARGE.REQUIREMENTS ORDER No.54- )0-120 4 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM CONTRA COSTA COUNTY 15. Performance Standards represent the minimum level of efforts required of each Discharger in the implementation of Best Management Practices (BMPs) as described in the Plan. The specification of Performance Standards as BMPs also simplifies the task'of determining if a Discharger is putting forth.a level of effort, which will control pollutants in storm water discharges to the maximum extent practicable. 16. Each of the Dischargers is individually responsible for adopting and enforcing local ordinances necessary to implement effective BMPs to prevent or reduce pollutants in storm water, and.. providing funds for capital, operation, and maintenance expenditures necessary to implement . such BMPs for the storm drain system-that it owns and/or operates. Assigned BMPs to.be. implemented by each Discharger are listed as Performance Standards in the Plan. Enforoement actions concerning this Order will, whenever necessary,be pursued only against the individual Discharger(s) responsible for specific violations of this Order. 17. The State Water Resources Control Board (State Board)has issued NPDES General Permits for the regulation of storm water discharges associated with industrial activities (including construction activities).. To effectively implement the industrial, new development and construction elements of the Plan, the Discharger may conduct regulatory activities at industries or construction sites currently covered by the State NPDES General Permits. Under the CWA, the Dischargers cannot enforce the.State NPDES General Permits. However, Board staff intends to work cooperatively with the Dischargers to ensure consistency in the implememation of the Plan and in compliance with the requirements of the General.Permits. 18. It is the Board's intent that this Order shall ensure atta'rmen+of applicable water quality objectives and protection of beneficial uses of receiving waters. This Order,therefore, includes requirements to the effect that discharges shall not cause or coutn'bute to violations of water quality objectives nor shall they cause certain,conditions to occur, which create a condition of nuisance or water quality impairment in receiving waters. Accordingly, the Board is requiring that these requirements be addressed through the effective implementation of BN Ps to reduce pollutants in storm water as provided in Provisions D.1 through D.13 of this Order. 19. The Board considers the Plan to be equivalent to a watershed management plan for the urbanized portions of Contra Costa County, as the Plan outlines effective and efficient implementation of appropriate BMPs for the most important sources of pollutants within the watersheds. In addition, this Order will phase in additions to the Dischargers' storm water pollution prevention activities that.will address excessive rates of sediment production to stream channels by conducting a creek inventory in Contra Costa County as specified in Provision D.8 of this Order. 20. Federal, state, regional or local entities within the Dischargers' boundaries, not currently named in this Order, operate storm drain facilities and/or discharge storm water to the storm WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 5 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM ANTRA COSTA COUNTY drains and watercourses covered by this Order. The Dischargers may lack legal jurisdiction over these entities under the state.and federal regulations. Consequently, the Board recognizes that the Dischargers should not be held responsible for such facilities and/or discharges. Caltrans is a state agency that is currently designated as one of the entities. -On 15 July 1999, the State Board issued a separate NPDES storm water permit to Caltrans, NPDES No. CAS000003 {Order No. 994)6-DWQ). The State Board may consider is separate NPDES storm water permits to other federal, state or regional entities operating within the County's boundaries that may not be subject to direct regulation by the Discharger. Federal agencies are not subject to municipal storm water requirements although they may be permitted as industrial Dischargers. 21. The Board adopted a Water Quality,Control Plan, Fourth Edition, for the Sacramento and San Joaquin River Basin(hereafter Basin Plan), which contains water quality objectives for waters of the Basin. ' These requirements implement the Basin Plan. 22. The beneficial uses of the Delta downstream of the discharge are municipal and domestic, industrial,,and agricultural supply; water contact and non-contact recreation; aesthetic enjoyment; navigation; ground water recharge, fresh water replenishment; and preservation and enhancement of fish, wildlife and other aquatic resources. Urban storm water runoff discharges could contain pollutants that may lower the quality of receiving waters and impact beneficial uses of the Delta. Studies indicate:there may be increases,in-pollutant levels.and aquatic toxicity in receiving waters as a result of urban storm water discharges. 24. This Order requires evaluation of existing water quality impacts from urban storm water runoff discharges, and the implementation.and evaluation of the Plan to reduce the discharge of pollutants into storm water runoff to the maximum extent practicable (MEP)and to improve water quality and protect beneficial uses. Implementation of the Plan and programs to reduce pollutant loads from industrial and construction sites, new developments and existing urbanized areas are required as part of this Order. Additionally, this Order requires that the effectiveness of the Plan and.programs in reducing the discharge of pollutants, attaining water quality objectives and protecting beneficial uses be evaluated. . 25. The permitted discharge is consistent with the anti-degradation provisions of 40CFR 131.12 and the State Board Resolution 68-16. This Order provides for an increase in storm water discharge due to the"current growth of residential development in the area. 'The potential increase of pollutant discharge in.storm water from these sources.will be included in the review and implementation of the Plan. This Order requires implementation of programs (i.e., BMPs) to reduce the level of pollutants 1�� in storm water discharges. However, given the continuing development within the area, it is WASTE DISCHARGE REQLTIREMENTS ORDER NO. 5-00-120 ' g STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM CONTRA COSTA COUNTY possible that future degradation in water quality could occur. Any such change in water quality will not unreasonably affect the present and anticipated beneficial uses of water and will not result in water quality less than that prescribed in policies of the,State Board. The programs required pursuaato this order constitute the best practicable treatment or control of discharges necessary to ensure that any pollution or nuisance will not occur and the highest quality consistent with maximum benefit to people of the State will be maintained. 27. The Board considers storm water discharges from the urban and developing areas in the Contra Costa County to be significant sources of pollutants. Under the Clean Water Act Section 303(d) list, the following constituents are listed as pollutants causing impairment of the Delta waterways: mercury; unknown toxicity; diazinon; chlorpyrifos; Group A pesticides,', and DDT. 28. It is not feasible at this time to establish numeric effluent limits for pollutants in storm water discharges from municipal storm sewer systems. Therefore, the effluent limitations in the Order are narrative, and include the requirement to reduce pollutants in storm water discharges to the MEP. This Order requires the implementation of BMPs, identified in the Plan to control and abate the discharge of pollutants in storm water discharges. 'Implementation of BMPs in , accordance with the Plan and its schedule constitutes compliance with MEP requirements, and with requirements to achieve water quality objectives. 29. It is not feasible at this time to establish numeric effluent limitsfor pollutants in non-storm water discharges from facilities owned or operated by the Dischargers. Therefore, the effluent limitations in the Order are narrative, and include the requirement to reduce pollutants in non- storm water discharges through implementation of Best Available Technology (BAT) and Best Conventional Technologies (BCT). Until such time that effluent limits are developed, implementation of BMPs both structural and non-structural; constitute compliance with BAT/BCT effluent limitations standards. 30. The Regulations require that the Plan be implemented during the entire duration of the Permit (40CFR 122-26(d)(2)(iv)), which is 5 years. Within this permit period, the Dischargers shall demonstrate substantial compliance with the Plan and this Order through the information and data supplied in the annual report. 31. The action to.adopt an NPDES permit is exempt from the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code, Chapter 3, Section 21100, et. seq.) in accordance with Section 13389 of the California Water Code. Group A pesticides are:aldrin, dieldrin,chlordane,endrin,heptachlor,heptachlor epoxide, hexachlorocyclohexane (including lindane),endosulfan,and toxapheneldrin,dieldrin, chlordane, endrin,heptachlor, heptachlor epoxide, hexachlorocyclohexane(including lindane),endosulfan,and toxaphene. WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 7 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM ._ONTRA COSTA COUNTY 32. The Board will notify interested agencies and persons of submitted reports, work plans, Performance Standards, and the Plan, and will provide them with-an opportunity for a public hearing and/or opportunity to submit written views and recommendations. The Board will consider all comments and may modify the reports, plans, or schedules or may modify this Order in accordance with the NPDES permit regulations. All submittals required by this Order conditioned with acceptance by the Executive Officer will be subject to these notifications, comment,..and public hearing procedures. 33. The Board has notified the Dischargers, and interested agencies and persons of its intent to prescn'be waste discharge requirements for this discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 34. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. 35. This Order serves as an NPDES permit, pursuant to Section 402 of the CWA, and amendments thereto, and shall take effect upon the date of hearing., provided that U.S. EPA has no objections. HEREBY ORDERED that Order.No. 94-001 is rescinded, and that the Dischargers, their agents, successors and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Discharge Prohibitions 1. The Dischargers shall, within their respective jurisdictions, effectively prohibit the discharge of non-storm water(materials other than storm water) into their storm drain systems and watercourses that they own and/or operate. NPDES permitted discharges are exempt from this prohibition. Non-polluted discharges are also exempt from this problibition. Some examples of non-polluted discharges are landscape irrigation runoff that is not polluted with silt, fertilizer, herbicides or pesticides,non-polluted groundwater pumped discharge and once-through non-contact cooling water which has no chlorine residual. Compliance with this prohibition shall be demonstrated in accordance with Provision D.9 of this Order. Provision D.9 describes a tiered categorization of non-storm water discharges based on its potential for pollutant content. 2. . The discharge of storm water from a facility or any activity that causes or contributes to a violation of the Receiving Water Limitations is prohibited. WASTE DISCHARGE REQUIREMENTS ORDER NO.5-00-120 g STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA.COUNTY CLEAN WATER PROGRAM CONTRA COSTA COUNTY B. Effluent Limitations 1. The Dischargers shall reduce or eliminate the discharge of pollutants from municipal separate storm'sewers to the maximum extent practicable. 2. Discharges of pollutants in non-storm water discharges that cannot be eliminated shall be reduced or minimized through the implementation of Best Available Technologies Economically Achievable for toxic and non-conventional pollutants, and Best Conventional Control Technologies for conventional pollutants. . C. Receiving Water Limitations 1. Receiving water limitations are site-specific interpretations of water quallty standards from applicable water quality control plans. As such they are required as part of the permit. However, a receiving water condition not in conformance with the limitation is not necessarily a violation of this Order. The Board may require an investigation to determine cause and culpability prior to asserting a violation has occurred. The discharge shall not cause the following in the receiving water: a. Concentrations of dissolved oxygen to fall below 7.0 mg/l. �✓ b. Oils, greases, waxes, or other materials to form a visible film or coating on the water surface or on the stream bottom. c. Oils, greases, waxes, floating material(liquids, solids, foams, and scums) or suspended material to create a nuisance or adversely affect beneficial.uses. d..-..-Chlorine to be detected in the receiving wager in concentrations equal or greater than 0.01 mg/l. . e. Aesthetically undesirable discoloration. f. Fungi, slimes, or other objectionable growths. g. The 30-day average for turbidity to increase as follows: (1). More than 1 Nephelometric Turbidity'Units (NTUs) where natural turbidity is between 0 and 5 NTUs. (2) More than 20 percent where natural turbidity_ is between 5 and 50 NTUs. �� WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 9 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM .1)NTRA COSTA COUNTY (3) More than 10.NTUs where natural turbidity is between 50 and 100 NTUs. (4) More than 10 percent where natural turbidity is greater than 100 NTUs. (5) The normal ambient pH to fall below 6.5, exceed 8..5, or change by more than 0.5 unit: (6) Deposition of material that causes nuisance or adversely affects beneficial uses. (7) Taste or odor:producing substances to impart undesirable tastes or odors to fish flesh or other edible products of aquatic origin or to cause nuisance or adversely affect beneficial uses. (8) Radionuclides to be present in concentrations that exceed maximum contaminant levels specified in the California Code of Regulations, Title 22; that harm human, plant, animal or aquatic life; or that result in the. accumulation of radionuclides in the food web to an extent that presents a hazard to human,plant, animal, or aquatic life. (9) Aquatic communities and populations, including vertebrate, invertebrate, and plant species, to be degraded. (10) Toxic pollutants to be present in the water column, sediments, or biota in concentrations that adversely affect beneficial uses; that produce detrimental response in human, plant, animal, or aquatic life; or that bioaccamiilate in aquatic resources at levels which are harmful to human health. (11) Violation of any applicable water quality standard for receiving waters adopted by the Board or the State Water Resources Control Board pursuant to the CWA and regulations adopted thereunder. 2. The discharge shall not cause or contribute to a violation of any applicable water quality standard for receiving waters contained in the Basin Plan. If different applicable water quality standards are adopted after the date of adoption of this Order, the Board may revise and modify this Order as appropriate. D. Provisions 1. The Dischargers shall.comply with discharge Prohibition A.2 and Receiving Water Limitations C.1 and C.2 through the timely implementation of control measures and other actions to reduce pollutants in the discharge in accordance-with the Plan and other U requirements of this permit including any modifications or amendments developed WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 10 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUN'T'Y CLEAN WATER PROGRAM CONTRA COSTA COUNTY pursuant to this Order. The Plan shall be designed to achieve compliance with Receiving Water Limitations C.1 and C.2. If exceedance(s) of water quality objectives persist, notwithstanding implementation of the Plan, a Discharger shall assure compliance with Discharge Prohibition A.2 and Receiving Water Limitations C.I and C.2 by complying with the following procedure: a. Upon a determination by either the Discharger(s) or the Board that discharges are causing or contributing to an exceedance of.an applicable Water Quality Standards (WQS), the Dischargers) shall promptly notify and thereafter submit a report to the Board that describes BMPs that are currently being implemented and additional BMPs that will be implemented to prevent or reduce any pollutants that are causing or contributing to the exceedance of WQS. The report may be incorporated in the annual update to the Plan unless the Board directs an earlier submittal. The report shall include an implementation schedule. The Board may require modifications to the report; b. Submit any modifications to the report required by the Board within 30 days-of notification; c. Within 30 days following approval of the report described above by the Board, the Dischargers shall revise that Plan and monitoring program to incorporate the approved modified control measures that have been and will be implemented, the implementation r schedule, and any additional monitoring required; d. Implement the revised Plan and monitoring program in accordance with the approved schedule. So long as Dischargers have complied with the procedures set forth above and are implementing the revised Plan, they do not have to repeat the same procedure for continuing or recurring exceedances of the same receiving water limitations unless directed by the Board to develop additional BMPs. 2. In accordance with Provision D.1 and Finding 27, the Dischargers shall submit a technical report acceptable to the Executive Officer on exceedances,of WQS for mercury, unknown toxicity, diazinon, chlorpyrifos, Group A pesticides.', and DDT. A draft scope of work, report outline, and budget for the report(s) shall be submitted by 1 November 2000. An interim draft report shall be submitted by 1 April 2001, and a final report shall be submitted by 1 September 2001.. The reports shall include, but need not be limited to, the following: i 2 Group A pesticides are:aldrin, dieldrin, chlordane, endrin, heptachlor, heptachlor epoxide, hexachlorocyciohexane (including lindane), endosutfan, and toxapheneldrin, dieldrin, chlordane, endrin, heptachlor, heptachlor epoxide, hexachlorocyclohexane(including lindane), endosulfan, and toxaphene. WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 11 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER.PROGRAM CONTRA COSTA COUNTY a. Identification of potential sources for pollutants of concern that are found in storm water discharges; b. -Evaluation of effectiveness of BMPs that are currently being implemented and additional BMPs that will be implemented to prevent or reduce the above listed pollutants that are causing or contributing to the exceedance of WQS; c. Characterization of representative drainage areas and storm water discharges, including land-use characteristics,pollutant concentrations and forms; d. A control measures plan for pollutants listed above that is acceptable to the Executive Officer, which assigns responsibilities and establishes time schedules to implement pollutant reduction and control measures beginning no later than-1 July 2001. Upon approval by the Executive Officer, the revised control measures plan shall be incorporated into the Storm Water Managemenx Plan. 3. Storm water Management Plan: The Dischargers shall implement BMPs referred to as Performance Standards in the Plan.(see Attachment C -Table of Contents), to reduce a pollutants in storm water discharges to the maximum extent practicable. The Plan shall �- serve as the framework for identification, assignment, and implementation of BMPs. The Dischargers shall begin implementing forthwith the Plan and shall subsequently demonstrate its effectiveness and provide for necessary and appropriate revisions, modifications, and improvements to reduce pollutants in storm water discharges to the maximum extent practicable and as required by Provisions D.1 through D.13 of this Order. 4. Performance Standards: The Plan incorporates Performance Standards developed by the Dischargers. Performance Standards also referred to as BWs, are intended to define the level of implementation necessary to demonstrate the reduction of pollutants in storm water-to the.maximum extent practicable. Through a continuous improvement process, the dischargers will modify and improve current performance standards, as needed, to achieve reduction of pollutants in storm wager to the maximum extent practicable. 5. ' Annual Reports: The Dischargers shall submit an annual report by.1 September documenting the status of the Program's and the Dischargers'.activities during the previous fiscal year, including the results of a qualitative field level assessment of activities implemented by the Dischargers, and the performance of tasks contained in the Plan. The annual report shall include a compilation of deliverables and milestones completed as described in the Plan. In each annual report, the Dischargers may propose pertinent updates, improvements, or revisions to the Plan, which shall be complied with under this Order unless disapproved by the Executive Officer or acted upon in accordance r WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00420 12 STORM WATER DISCHARGES.FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM CONTRA COSTA COUNTY with Provision D.10. As part of the annual report preparation process, each of the Dischargers shall conduct an overall evaluation of the effectiveness of its applicable activities described in the Plan. Direct and indirect measures of effectiveness may include, but are not limited to, conformance with established Performance Standards, quantitative monitoring to assess the effectiveness of BMPs, measurements of estimates of pollutant load reductions, detailed accounting of Program accomplishments, funds expended, and staff hours utilized. Methods to improve effectiveness in the implementation of tasks and activities; including development of new, or modifications of existing Performance Standards shall be identified where appropriate. 6. The Dischargers shall submit an annual report format by 1 April-of each year for the annual report due on 1 September. The annual report format for Program agencies shall contain work plans for all deliverables due by 1 September each year. The Executive Officer may also require Discharger-specific work plans from any Discharger who appears to need a more methodical method of planning for, and implementing the Performance Standards and other requirements of this Order. The work plans shall consider the status of implementation of current year activities and actions of the Dischargers, problems encountered, and proposed solutions, and shall address.any comments received from the Executive Officer on the previous year's annual report. The annual report format shall also include clearly defined tasks, responsibilities, and schedule for implementation of Program actions for.the annual report due each 1 September. The annual report format should also contain a discussion of the development of new, or modifications of existing BMPs or Performance Standards. 7. The Program's annual report format shall be deemed to be final, incorporated into the Plan, and enforceable under this Order as of 1 July of each year unless determined to be unacceptable by the Executive Officer. The Dischargers shall address any comments or conditions of acceptability received from the Exec hive Officer on the Program's annual report format, prior to the submission of their annual report on 1 September, or at an earlier date if so specified by the Executive Officer, at which time the annual report format shall be deemed to be incorporated into the Plan and this Order,unless disapproved of by the Executive Officer. 8. Monitoring Program: The Dischargers shall submit, by 1 September of each year, an annual Monitoring Program Plan acceptable to the Executive Officer that supports the development and implementation and demonstrates the effectiveness of their Plan. The Monitoring Program Plan shall be designed to achieve the following objectives: a. Characterization of representative drainage areas and storm water discharges,-including land-use characteristics, pollutant concentrations, and mass loading; WAS-1h DINUriAKUh KbQUMhMLNTS UK.ULK NU. S-UU-LZU 13 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM : 7'JNTRA COSTA COUNTY b. Assessment of existing or potential adverse impacts on beneficial uses caused by pollutants of concern in storm water discharges, including an evaluation of representative receiving waters; c. Identification of potential sources of pollutants of concern found in storm water discharges; and d. Evaluation'of effectiveness of representative storm water pollution prevention or control measures. The Monitoring Program Plan shall include the following: a. Provision for conducting and reporting the results of special studies conducted by>the Dischargers which are designed to determine effectiveness of BMPs or control measures, define a.Performance Standard or assess the adverse impacts of a pollutant or pollutants on beneficial uses. b. Provisions for conducting watershed monitoring activities including: identification of major sources-of pollutants of concern; evaluation of the effectiveness of control measures and BMPs; and use of physical, chemical and biological parameters and indicators as appropriate. c. Identification and justification of representative sampling locations, frequencies and methods, suite of pollutants to be analyzed, analytical methods, and quality assurance procedures. Alternative monitoring methods in place of these (special projects, financial participation in regional, state, or national special projects or research, literature review, visual observations., use of indicator parameters, recognidon and reliance on special studies conducted by other programs, etc.)may be proposed with justification. Alternative monitoring methods may include participation in Bay Area Storm water Management Agencies Association's Monitoring Program or Projects. . The Dischargers shall prepare a plan and conduct a Contra Costa County creek inventory as follows: (1) All of the Dischargers shall develop jointly and submit by 1 September 2000 a technical report acceptable to the Executive Officer, on existing creek inventory efforts and a plan to complete the creek inventory project. (2) The Dischargers shall submit by 1 September 2000 a complete creek inventory and characterization report acceptable to the Executive. The report shall include environmental indicators as well as other relevant parameters of the creeks. WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 14 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM CONTRA COSTA COUNTY 9. Discharges to the Waters of the State a. Non-Storm Water Discharges (Exempted Discharges): In carrying out Discharge Prohibitions A.I and A. 2 of this Order, the following'non-storm water discharges are not prohibited unless they are identified by the Dischargers or the Executive Officer as sources of pollutants to receiving waters: (1) flows from riparian habitats or wetlands; (2) diverted stream flows; (3) springs; (4) rising groundwater; and (5) Uncontaminated groundwater infiltration. If any of the above categories of-discharges, or sources of such discharges, are identified as sources of pollutants to receiving waters, then such categories or sources shall be addressed as conditionally exempted discharges in accordance with Provision D.9.b. b. Conditionally Exempted Discharges: The following non-storm water discharges are not prohibited if they are either identified by the Dischargers or the Executive Officer as not being sources of pollutants to receiving waters or if appropriate control measures to minimize the adverse impacts of such sources are developed.and implemented under the Storm water Management Plan in accordance with Provision D.9.c: (1) uncontaminated pumped-groundwater; ' (2) foundation drains; (3) water from crawl space pumps; (4). footing drains; -.:(5) air conditioning condensate; (6) irrigation water; ( ) landscape irrigation; . (8) lawn or garden watering; (9). planned and unplanned discharges from potable water sources; (10) water line and hydrant flushing; (11) individual residential car washing; (12) discharges or flows from emergency fire fighting activities; and (13) dechlorinated swimming pool discharges. c. The Dischargers shall identify and describe the categories of discharges listed in D.9.b, which they wish to exempt from Prohibition A.1 in periodic submissions to the Executive Officer. For each category, the Dischargers shall identify and describe as WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 15 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM CONTRA COSTA COUNTY CLEAN WATER PROGRAM jONTRA COSTA COUNTY necessary and appropriate to the category either by documentation that the discharges are not sources of pollutants to receiving waters or circumstances in which they are not found to be sources of pollutants to receiving waters. Otherwise, the Dischargers shall. describe control measures to reduce pollutants that will eliminate the adverse impacts of such sources, procedures and Performance Standards for their implementation, procedures for notifying the Board of these discharges, and procedures for monitoring and record management. Such submissions shall be incorporated into the Plan unless disapproved by the Executive Officer or acted on in accordance with Provision D.10 and the NPDES permit regulations. d. Permit Authorization for Exempted Discharges (1) Discharges of non-storm water from sources owned or operated by the Dischargers are authorized and permitted by this Order, if they are in accordance with the conditions of this provision and the Plan. (2) The Board may require dischargers.of non-storm water other than the Dischargers to apply for, obtain coverage under an NPDES'permit, and comply with the control measures developed by the Dischargers pursuant to Provision D.9. Non-storm water discharges that are in compliance with such control measures may be accepted by the Dischargers and are-not subject to Prohibition A.1. (3) The Dischargers may propose, as part of their annual updates to the Plan under Provision D.5 of this Order, additional categories of non-storm water discharges to be included in the exemption to Discharge Prohibition A.1. Such proposals are subject to approval only by modification of this permit. 10. It is anticipated that the Plan may need to be modified, revised, or amended from time to time to respond to changed conditions and to incorporate more effective approaches to Pollutant control. Requests for changes may be initiated by the Executive Officer or by the Dischargers. Minor changes may be made with the Executive Officer's approval and will be brought to the Board as information items and the Dischargers and interested parties will be notified accordingly. If proposed changes imply a major revision of the Plan, the Executive Officer,shall bring such changes before the Board as permit amendments and notify the Dischargers and interested parties accordingly. 11. This Order may be modified, or alternatively, revoked or reissued, prior to the expiration date as follows: a) to address significant changed conditions identified in the technical reports required by the Board which were unknown at the time of the issuance of this Order; b) to incorporate applicable requirements_ of statewide water quality control L .� plans adopted by the State Board or amendments to the Basin Plan approved by the State WASTE DISCHARGE REQUIREMENTS ORDER NO. 5-00-120 16 STORM WATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEM . CONTRA COSTA COUNTY CLEAN WATER PROGRAM CONTRA COSTA COUNTY Water Resources Control Board; or c) to comply with any'applicable requirements, guidelines, or regulations issued or approved under Section 402(p) of the CWA, if the requirement, guideline, or regulation so issued or approved contains different conditions or additional requirements not provided for in this Order. The Order as modified or reissued under this.paragraph shall also contain any other requirement of the CWA when applicable. 12. The Dischargers shall comply with all applicable items of the "Standard Provisions and Monitoring Requirements for Waste Discharge Requirements (NPDES)," dated 1 March 1991, which are part of this Order. This attachment and its individual paragraphs are referred to as "Standard Provisions." 13.. This Order.expires on 1 June 2005. The Dischargers must file a Report of Waste Discharge in accordance with•Title 23, California Code of Regulations, not later than 180 days in advance of such date as application for reissuance of waste discharge requirements. I, GARY M. CARLTON, Executive Officer, do.hereby certify that the foregoing is a full, true, and X correct copy of an order adopted by the California Regional Water Quality Control Board, Central Valley Region, on 16 June 2000. Y ARLTON, Executive Officer Attachment A 64AC4AURNTO YOLO GO I .1 c R A M E N TO wwe. •w/1M4 ANT ww• 7 44L4. �f 4010.4 40.1r•4A 61 w LJ Gil— SONO .,r.. •� i .w. �.1•..]� f IN LOOT. ----- 1" .. 4 ....�.. ..41.1. ...w.. �: w0w0Y...Na ' r Y..�. SAN JOAOUI 1 f1 GPOPWIG, � � .rYir1 v Ora wTT4wmo -chi f�� ' rrr 4 Gy ,..« f k •.4.11 411.0 .MOS r4Y•14 . .i. W1 .4YT.All!! ..... C TRA COSTA :. ai00YET1Y ...4. w '"-- M1 .,..N .YIN rr •OYAI. 9 YY1 L ♦ f4At. rte ' •~- oI f .IANfGOA. Region 2 rear.wrYrnw rY1rr\` ii . �..'l1.RtlN fUNf TRACT i. • ALAMEDA Ren `1 Q-'. ''� ,. SACAAUGHTO- SAN JOAQUIN DELTA I Regional Bounclarl '•AIS 1•MN. •- Counties frrunfrfff,-Sim Jr.fiquin Delhi Arin. Arponment of Waler Rrsuurces .r Attachment B t OSACRAMF NTO�' _ I� f h , i 4 i 1��• aw0-9 / '\ Imre► f. NO.rll 4—"A Kgge n1�N1 1'UwfMe 1aae. aC+ "0 r pANMII 1O•r•1 malty ' .100 r MY a0.0 ra•r � � 1g11NM .. . rue eFq e•eN t- FJ• w.a r �f `' I�..e•aaa Iaar� •• - 7AeOV4.W.y. syr � Oewer . 0KMI1 COrNga C aN0 OFlrw f /W,l r . ...�. 5 •erq w.n rover. e.ara.. �.. � � � w•ei m� mfrs Ir.e1 �`• wTnw�e rra V e.�u �. �►inaoM wo OR•u scow aims amge m••l.1• r..si mewl erwe .e.rrl101 m•'IM wee. o*At Rr i 1 *At arOp�aON111 art1 \ 1 j las. eLr/ ' •wM• lIaC1 P _� a wA�Kv O./Ml UACI 1O•C/ 1.l.Oa!i mltl•IyrNre K•Oi RON~KAmT ` 4 ti40. IEGEMo ��00Ylr cal \� ,1 IV0►M KYI bauenwna.Sir.Jygyn � \`'•.. i11At+ � Cere WelMrwy � ,\\ SACRAMENTO- SAN JOAOUtN OEI TA Waal w_GIi Delta Waterways Surrcunento-Sart Joaquin Delia Atkic Department of Water Resources STANDARD PROVISIONS AND REPORTING REQUIREMENTS -17 National Pollutant Discharge Elimination System b. the conclusions or results from the inspection or sampling of each industrial user. 6. A summary of the compliance and enforcement activities during the past year: The summary shallA nclude the names and addresses of the , industrial users affected by the following actions: a. Warning letters or notices of violation regarding the industrial users' apparent noncompliance with federal categorical standards or local discharge limitations. For each industrial. user, iden- tify whether the apparent violation concerned the federal Cate- gorical standards or local discharge limitations. b. Administrative orders regarding the industrial users' noncompliance with federal categorical standards. or local discharge limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations. C. Civil -actions regarding the industrial users' noncompliance with federal categorical standards or local discharge limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge . limitations. d. Criminal actions regarding the industrial users' noncompliance with federal categorical standards or local discharge limitations. 'For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations. e. Assessment of monetary penalties. For each industrial user_ identify the amount of the penalties. J,_-Restriction_.of.,fJow._to_the POTW �—�-- g. Disconnection from discharge to the POTW. 7. A description of any significant changes in operating the pretreatment program which differ from the information in the Discharger's approved Pretreatment Program including, but not limited to, changes concerning: the program's administrative structure, local industrial discharge limitations, monitoring program or monitoring frequencies, legal authority or enforcement policy, funding mechanisms, resource requirements, or- staffing levels. B. A summary of the annual pretreatment budget, including the cost of pretreatment program functions and equipment purchases. AVL STANDARD PROVISIONS AND REPORTING. REQUIREMENTS -18 National Pollutant Discharge Elimination System Duplicate signed copies of these reports shall be submitted to the Board and the State Water Resources .Control Board Division of Water Quality P.O. Box 944213 Sacramento, CA 9424.4-2130 and the Regional Administrator U.S. Environmental Protection Agency .W-5 75 Hawthorne Street San Francisco, CA 94105 Revised March 1993 to update phone number of. Central Valley Regional Board • 4` 1 Attachment C Page 1 of 2 This report is being submitted by the participating agencies of the Contra Costa Clean Water Program 1_ �. A `` . Vk ATER City of Antioch City of Hercules City of Pittsburg City of Brentwood City of Lafayette City of Pleasant Hill City of Clayton City of Martinez City of Richmond City of Concord Town of Moiaga City of San Pablo Town of Danville City of Orinda City of San Ramon City of El Cerrito City of Pinole City of Walnut Creek County of Contra Costa Contra Costa County Flood Control &Water Conservation District Gratefully acknowledge the work of the Permit Reissuance Committee: Joe Brandt, Chairperson City of Antioch Todd Teachout, Vice-chairperson -.City of Pleasant frill Pat MacDonald City of Concord Rinta Perkins City of Concord Scott Christie City of San Pablo Tom Williams Contra Costa County Mike Hollingsworth Flood Control District Report Prepared by the Staff of the Contra Costa Clean Water Program Donald P. Freitas Sharon Leavens Ephraim Leon-Guerrero 1"1 Tom Dalziel Linus Farias Linda Martinez Attachment C Page 2 of 2 TABLE OF CONTENTS PAGE Acknowledgements ................................. .................................................... ii Table of Contents .................................... ................................................... List of Figures/Tables .......................................................................................... iv Acronyms ................................................................................................. .. v Section 1 -Introduction ................................................................................ 1- 1 Section 2-Program Management .................................................................... 2-2 Section 3 -New Development and Construction Controls Section 4 - Public Education and Industrial Outreach ............................................. 4- 1 Section 5 - Municipal Maintenance ...................................................... - Section 6-Inspection Activities .......... .. . ...................................................... 6- 1 Section 7-Elicit Discharge Control Activities .. ...................................................... 7-1 Section 8 -Monitoring and Special Studies .......................................................... 8-11 Section 9-Watershed Management Activities ...................................................... 9- 1 Appendices iii CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION STANDARD PROVISIONS AND REPORTING REQUIREMENTS ' FOR WASTE DISCHARGE REQUIREMENTS (National Pollutant. Discharge Elimination System) .1 March 1991 A. GENERAL PROVISIONS 1. Any violation of this Order constitutes a violation of the Federal Clean Water, Act (CWA) .and the California Water Code' (CWC) and., there- ' fore, may result in enforcement action under either or both laws. 2. The Clean Water Act provides that any person who violates a portion of this Order implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who willfully or negligently violates this Order with regard to these sections of the CWA is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or both. 3. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another; protect the Discharger from liability under federal , state, or local laws; or guarantee the Discharger a capacity right in the receiving waters. 4. The Discharger shall al.low representatives of the Regional Water Quality Control B61rd (hereafter Board),. the State Water Resources Control Board and the Environmental Protection Agency (hereafter EPA), upon presentation of credentials, at reasonable hours, to: a. enter premises where wastes are treated, stored, or discharged and facilities in which any required records are kept; b. . copy any records :required to. be kept under-terms and conditions of -this Order; c. inspect facilities, monitoring .equipment,. practices, or operations regulated or required by this Order; and d. sample, photograph or video tape any discharge, waste, waste unit or monitoring device. 5. If the Discharger's wastewater treatment plant is publicly owned or subject to regulation by the California Public Utilities Commission, it shall be supervised and operated by persons possessing certificates of appropriate grade according to Title 23, California Code of Regulations 1 (CCR) , Division 3, Chapter 14. 6. .The Discharger shall at all times properly operate and maintain all facilities, and systems of treatment and control including sludge use and disposal facilities (and related appurtenances) that are installed or used to achieve compliance with this Order. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems that are installed by the Discharger only when necessary to achieve compliance with this Order. 7. After notice and opportunity for a hearing, this Order may be terminated or modified for cause, including, but not limited to: a. violation of -any term or condition contained in this Order; b. obtaining this Order by misrepresentation or by failing to disclose fully all relevant facts; c. a change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; and d. a material change in the character, location, or volume of dis- charge. The causes for modification include: a. New regulations. New regulations have been promulgated under Section 405(4) of the Clean Water Act, or. the.standards or regulations -on which the permit was based have been changed by promulgation ot amended standards or regulations or by judicial decision afterhe permit was issued. b. Land application plans. When required by a permit condition to incorporate a land application plan, for .beneficial reuse of sewage sludge, to revise -an existing land application plan, -or to add a land application plan. c. Chanoe in sludge use or disposal practice. Under 40 Code of Federal Regulations (CFP.) 122.62(a)(1), a change in the Discharger's sludge use or disposal practice is a cause for modification of the permit. It is cause for revocation and reissuance if the Discharger requests or agrees. The Board may review and revise this Order at any time upon application of any affected person or the Board's own motion. 8. The filing of a request by -he Discharger for modification, revocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance, does not stay any condition of this Order. - - I STANDARD PROVISIONS AND REPORTING REQUIREMENTS -3 National Pollutant Discharge Elimination System The Discharger shall furnish, within a reasonable time, any information the Board or EPA may. request to determine compliance with this Order or whether cause exists for modifying or terminating this Order. The Discharger shall also furnish to the Board, upon request, copies of records required to be kept by this Order. 9. If a toxic effluent standard or .prohibition (including any scheduled compliance specified i.n such effluent standard or prohibition) is established under Section 307(a) of the CWA,* or amendments thereto, for a toxic pollutant that is present in the discharge authorized herein, and such standard or prohibition is more stringent than any limitation upon such. pollutant in this Order, the Board will revise or modify this Order in accordance with such toxic effluent standard or prohibition. The Discharger shall comply with effluent standards and prohibitions within the time provided in the regulations that establish those standards or prohibitions, even if this Order has not yet -been modified. 10. If more stringent applicable water quality standards are approved, pursuant to Section 303 of the CWA, or amendments. thereto, the Board will revise and modify this Order in accordance with such more stringent standards. 11. This Order shall be modified, or alternately revoked and reissued, to comply with any applicable efflueni standard or ' limitation issued or approved under. Seftions 301(b)(2)(C) and (D) , 304(b)(2), and 307(a)(2) of the CWA, if the .effluent standard or limitation so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the Order; or rbcontrols_any pollutant limited in the Order. The Order, as modified or reissued under this paragraph, shall also contain any other requirements of the CWA then applicable. 12. The provisions of this Order are severable. If any provision of -this Order is found invalid, the remainder of this Order shall not be affected. 13. By-pass (the intentional diversion of waste streams from any portion of a treatment facility or collection system, except those portions designed to meet variable effluent limits) is prohibited except under the following conditions: STANDARD PROVISIONS AND REPORTING REQUIREMENTS -4 :�. National Pollutant Discharge Elimination System a. (1) by-pass was unavoidable to prevent loss of life, personal injury, or severe property damage; (severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to-occur in the absence of. a by- pass; severe property damage does not mean economic ,loss caused by delays in production;) and (2) there were no feasible alternatives to by-pass, 'such as the use of auxiliary treatment facilities or retention of untreated waste; this condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a by-pass that would otherwise occur during normal periods of equipment downtime or preventive maintenance; or b. (1) by-pass is required for.essential maintenance to assure efficient operation; and (2) neither effluent nor" receiving water limitations are exceeded; and (3) the Discharger notifies the Board ten days in advance. The permittee shall submit notice of an unanticipated by-pass as . ._. ...-. ,___ __ required _in naragrap_h B.1. below.14. Upset Upset means an exceptional incident in which there is unintentional and temporary noncompliance with effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, failure to implement an .appropriate pretreatment program, or careless or improper action. A Discharger that wishes to establish the affirmative defense of an upset in an action brought for noncompliance shall demonstrate, v� through properly signed, contemporaneous operating logs, or other evidence, that: a. an upset occurred due to identifiable cause(s) ; STANDARD PROVISIONS AND REPORTING REQUIREMENTS -5 National Pollutant Discharge Elimination System b. the permitted facility was being properly operated. at the time of the upset; r- notice of the upset was submitted as required in paragraph B.1. ; and d. remedial measures were implemented as required under paragraph A.17. In any enforcementproceeding, the Discharger seeking to establish the occurrence of an upset has the burden of proof. .15. This .Order is not transferable to any person except after notice to the Board. The Board may modify or revoke and reissue the Order to change the name of the' Discharger and incorporate such' other requirements as may be necessary under the CWA. 16. Except for data determined to be confidential under Section 13267 of the CWC, all reports prepared -in accordance with terms of this Order shall be -available for public inspection at the offices of the Board and EPA. Effluent data are not confidential. .� 17. The Discharger shall take all reasonable steps to minimize any adverse effects to waters of the State or users .of those waters resulting from any discharge or sludge use or disposal in violation of this Order. Reasonable steps shall include such accelerated or additional monitoring as necessary to' determine the nature and impact of the noncomp.lyift discharge or sludge use or disposal. 18. The fact that it would have been necessary for the Discharger to halt or reduce the permitted activity in order to comply with. this Order shall not be a defense for. violating this Order. _ 19. The Discharger shall ensure compliance with any existing or future ...pretreatment .standard_promulgated by EPA under Section 307 of the CWA, or amendment thereto; for any discharge-to -the municipal system.' 20. The discharge of any radiological , chemical or biological warfare agent or high-level, radiological waste is prohibited. 21. A copy' of this Order. shall be maintained at the discharge facility and be available at 'all times to operating personnel. Key operating personnel shall be familiar with its content. 22. Neither the treatment nor the discharge shall create a condition of nuisance or pollution as defined by the CWC, Section 13050. kj STANDARD..PROVISIONS AND REPORTING REQUIREMENTS -6 National Pollutant Discharge Elimination System B. GENERAL REPORTING REQUIREMENTS 1. In the event the Discharger does not comply or will be unable to comply for any reason, with any prohibition, daily maximum effluent limitation, or receiving water limitation of this Order, the Discharger shall notify the Board by telephone (916) 255-3000 within 24 hours of having knowledge of such noncompliance, and shall confirm this notification in writing within rive days, unless the Board waives confirmation. The written notification shall state the_ nature, time, duration, and cause of noncompliance, and shall describe the measures being taken to remedy the current noncompliance and, prevent recurrence including, where applicable, a 'schedule of implementation. Other noncompliance requires written notification as above at the time of the normal monitoring report. 2. Safeguard .to electric power failure: a. The Discharger shall provide safeguards to assure that, should there be reduction, loss, or failure.of electric power, the discharge shall comply with the terms and conditions of this Order. b." - Upon written request by the Board the Discharger shall submit a written description of safeguards. Such. safeguards may include. alternate powersources, standby generators, retention capacity, operating procedures, or -other -means. -A description of the safeguards provided shall include an analysis of the frequency, duration,. and impact of power failures experienced over the past five years ..on effluent quality and on the capability of the Discharger to comply with the terms and conditions of the Order. The adequacy of the safeguards is subject to the approval of the Board. _c. Should the treatment works not include safeguards against reduction, loss, or failure of electric power, or. should the - --• ---_---� Board-not approve the •existing• safeguards, the Discharger shall, within ninety. days of having been advised in writing by the .Board that the existing safeguards are inadequate, provide to the Board and EPA. a schedule of compliance ;or providing safeguards such that in the event of reduction,loss,toss, or failure .of electric power, the Discharger shall comply with the terms and conditions of this Order. The schedule of compliance shall , upon approval of the Board, become a .condition of this Order. 3. The Discharger, upon written request of the Board, shall file with the Board a technical report on its preventive (failsafe) and contingency (cleanup) plans for contruliing accidental discharges, and for minimi-zing the effect of suc4� events. This report may be combined with that required under B.Z. STANDARD PROVISIONS AND REPORTING REQUIREMENTS -7 National Pollutant Discharge Elimination System The technical report shall: . a. Identify the possible sources of spills, leaks, untreated waste by-pass, and contaminated drainage. Loading and-storage areas , power outage., waste treatment unit outage, and failure of process equipment, tanks and pipes should be considered. b. Evaluate the effectiveness of present facilities and procedures and state when they became operational. c. Predict the effectiveness of the proposed facilities and procedures and provide an implementation schedule containing interim and final dates when they will be constructed, implemented, or operational. The Board, after review of the technical report, may establish condi- tions which it deems necessary to control accidental discharges and to minimize the effects of such events. Such conditions shall be incorporated as part of this Order, upon notice to the Discharger. 4. The Discharger shall file with the Board a Report of Waste Discharge at least 180 days before making any material change in the character, location, or volume of the discharge. A material change includes , but is not limited to, the following: .a. Adding a major industrial waste discharge to a discharge of essentially domestic sewage, or adding a new process or product by- an industrial ,facility .resulting in a change in the character of the waste. b. Significantly changing the disposal method or location, such. as changing the disposal to another drainage .area or water body. c. . Significantly changing the method of treatment. discharge 1 low beyond that specified- in the' Order: 5. A publicly owned treatment works (POTW) whose waste flow has been increasing,. or is projected to increase, shall estimate when flows will reach hydraulic and treatment capacities of its treatment and disposal facilities. The projections shall be made in January, based on the.last three. years' averaae. dry weather flows, peak wet weather flows and total annual flows, as appropriate. When any projection shows that capacity of any part of the facilities may be exceeded in four years, the Discharger shall notify the Board by 31 January. A copy of the notification shall be sent to appropriate local elected officials, local permitting agencies and the press. Within 120 days of the notification, the Discharger shall' submit a technical report showing how it will prevent flow volumes from exceeding capacity or STANDARD PROVISIONS AND REPORTING REQUIREMENT$ -g National Pollutant Discharge Elimination System how it will increase capacity to handle the larger flows. The Board may extend the time for submitting the report. 6. A manufacturing, commercial ,mining, or silvicultural -discharger shall notify the Board as soon as it knows 'or' has. reason to believe: a. That any activity has occurred or will occur that would result in the discharge of any toxic pollutant that is not limited in this Order, if that discharge will exceed the highest.of the following "notification levels": (1) 100 micrograms per liter (ug/1); (2) 200 ug/l for acrolein .and acrylonitrile; 500 µg/l for. 2.,4-dinitrophenol and 2-methyl-4,6=dinitrophenol; and• 1 milligram per liter (mg/1) for antimony; (3) five times the maximum concentration value reported for that pollutant in the Report of Waste Discharge; or (4) the level established by.the Board in accordance with 40 CFR 122.44(f). b. That it expects to begin to use or manufacture., as an intermediate or final product or by-product, any toxic pollutant that was not reported in. the Report of Waste Discharge. 7. A POTW shall provide adequate notice to the Board of: a. any new introduction of pollutants into .the POTW from an indirect discharger that would be subject to Sections 301 or 306 of the CWA if it were- directly discharging those pollutants, and b. any substantial change in the volume or character of pollutants being..introduced into that POTW by a source introducing - �— pollutants into the POTW at-the tune- of adoption of-the Order. c. Any planned. physical alterations or additions to the permitted facility, or changes planned .in the Distbarger's sludge use .or disposal practice, where such alterations,- additions, or changes may justify the application of permit conditions that are different from or -absent in the existing permit including notification of additional disposal sites not reported during the permit applica-tion process, or not reported pursuant to ,an approved land application plan. Adequate notice shall include information on the quality and quantity -�f of effluent introduced into the POTW as well as any anticipated STANDARD PROVISIONS AND REPORTING REQUIREMENTS -9 National Pollutant Discharge Elimination System impact of the change on the quantity or quality of effluent to be discharged from the POTW. 8. The Discharger shall give advance notice .to the Board of any planned changes in the permitted facility or activity that may result in non- compliance with .this Order. 9. The Discharger shall submit technical reports as directed by the :Executive Officer. 10. Any person who knowingly makes an' y .false statement, representation, or certification in any record or other document submitted or required to be maintained under phis Order, including monitoring reports or reports of compliance or noncompliance shall , upon. convic tion, be punished by a fine of not more than $10,000. per violation, or by imprisonment for not more than two years per violation, or by both. G. PROVISIONS FOR MONITORING 1. All analyses shall be performed in accordance with the latest edition of Guide 1 ines Estab 1 ishing Test Procedures for Ana lysis of Pollutants, promulgated by EPA (40 CFR. 136) or other procedures approved by the Board. 2. Chemical , bacteriological, and bioassay analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services. In the event a certified laboratory is not available to the. Discharger, analyses. performed by a noncertified laboratory will be accepted provided a Quality Assurance-Quality Control Program is instituted by the laboratory.,. A manual containing :the steps followed in this program must be kept in the laboratory and shall be available for inspection by Board staff. The Quality - Assurance-Quality.Control Program must conform to EPA guidelines',or "to procedures approved by.the Board. - - - ----- -- - - - - Unless otherwise specified, all metals shall be reported as Total Metals. Unless otherwise specified, bioassays shall be performed in the following .manner: a. Acute bioassays shall be performed in accordance with guidelines approved by the Board and the Department of Fish and Game or in accordance with ,methods described in EPA's manual for measuring acute toxicity of effluents (EPA/620/4.85/013 and subsequent amendments). 1 . STANDARD PROVISIONS AND REPORTING REQUIREMENTS -10 National Pollutant Discharge Elimination System b. Short-term chronic bioassays shall be performed in accordance with EPA guidelines (EPA/600/4-89/001 and subsequent amendments) . 3. Laboratories that perform sample analyses must be identified in all monitoring reports submitted to the Board and EPA. ' 4. . The Discharger shall conduct analysis on any sample provided by EPA as part of the Discharge Monitoring Quality Assurance (DMQA) program. T-he results of any such analysis shall be- submitted to EPA' s DMQA manager. 5. Effluent samples shall -be taken downstream of the last addition of wastes* to the treatment. or discharge works where a representative sample may be obtained prior to mixing with the receiving waters. Samples shall be collected at such a point and in such a manner to ensure a representative sample of the discharge. . 6. All monitoring and analysis instruments and devices used by the Discharger to fulfill the- prescribed monitoring program shall be properly maintained and calibrated as necessary, at least yearly, to ensure their continued accuracy. 7. The CWA provides that any person who falsifies', tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Order shall, upon conviction, be punished by a fine. of not more than $10,000 per violation, or be imprisoned for not more than two-years per violation, or by both. 8. -The Discharger shall retain records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings .of continuous monitoring instrumentation, copies of .all reports required by this Order, .and records .of all data used-to complete the application for this Order. Records shall be maintained for a minimum of five years from the .date -of the sample, measurement, report, or application. This period may be extended during the course �-��- of-any unresolved litigation- regarding this discharge or when requested by the Regional Board Executive Officer. 9. The records of monitoring information shall include:.. a. the date, exactlace, and time of sampling or measurements, b. the individual(s) who performed the sampling of measurements, c. the date(s)" anal ses were performed, . - d. the individual(s� who performed the analyses, e. the laboratory which performed' the' analyses; f. the analytical techniques or methods used, and _ g. the results of such analyses. J STANDARD PROVISIONS AND REPORTING REQUIREMENTS -11 National Pollutant Discharge Elimination System D. REPORTING REQUIREMENTS FOR MONITORING 1. The Discharger shall file with the Board technical reports on self- monitoring performed according to the detailed specifications . contained- in the Monitoring and Reporting Program attached to this Order. 2. Monitoring reports shall be submitted on forms to be supplied by the Board to the extent that the information reported may be entered on the forms. . Alternate forces may be approved for use by the Board. 3. The results of all monitoring required by this Order shall -be reported to the Board, and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this Order. Unless otherwise specified, discharge flows shall be reported in terms of the monthly average and the daily maximum discharge flows. 4. The results of analyses performed in accordance with specified test procedures, taken more frequently than required at the locations specified in the Monitoring and Reporting Program, shall be reported to the Board and used in determining compliance. 5. Upon written request of -the -Board, the Discharger shal-1 submit a summary monitoring report to the Board. The report shall contain .-both tabular. and graphical summaries of the monitoring data obtained during the previous year(s). 6. All reports shall be signed by a person identified below: a. For a corporation: by a principal executive officer of at least the level of senior vice-president. _ b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively. c. For a municipality, state, .federal or other public agency: by either a principal executive officer or ranking elected or appointed official. d. A duly authorized representative of a person designated in 6a, 6b or 6c of this. requirement if; (1) the authorization is made in writing by a person described in 6a, 6b, or -6c of this provision, (2) the authorization specifies either an individual or a position having responsibility for the overall operation of U the regulated facility. or activity, such as the position of STANDARD PROVISIONS AND REPORTING REQUIREMENTS -12 National Pollutant Discharge Elimination System plant manager, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position) , and (3) the written authorization is submitted to the Board. Each person signing a report required by this Order or other information requested by the Board shall make the following certification: "I-certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a .system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that. there are significant pena Ities for submitting fa Ise •� information, including the possibility of fine and imprisonment for knowing violations." The Discharger shall mail a copy of each monitoring report and any other reports required by this Order to: California.Reyional Water Quality Control Board Central Val►3ey Region 3443 Routier Road, Suite A Sacramento, CA 95827-3098 In addition, dischargers 'designated as a 'major" discharger shal-l- transmit a cop of all monitoring reports to EPA (see address in Provision G.10�. .�..-E_.._DEFINITIONS� 1 . The daily discharge rate is obtained from the following calculation for any calendar day: N Daily discharge rate (lbs/day) = 8.34- 1 Q; Ci- N 1 In which N is the number of samples analyzed in a day. Q1 and Ci are the flow rate (mgd) and the constituent concentration (mg/1) , respectively, which are -associated with each of the N grab samples which may be taken in a day. - If a composite sample is taken, Ci is the concentration measured in the composite sample STANDARD PROVISIONS AND REPORTING REQUIREMENTS -13 National Pollutant Discharge Elimination System and Qi is the average flow rate occurring during the period over which samples are composited. 2. The monthly or weekly average discharge rate is the total of daily discharge rates during a calendar month or week, divided. by the number of days in the month or week that the facility was discharging. Where less than daily sampling is required by this .permit, the monthly or weekly average discharge rate shall be determined by the summation of all the daily discharge rates divided by the number of days during the month or week for which the rates are available. For other than weekly or monthly periods, compliance shall be based upon the average of all rates available during the specified period. 3. The monthly or weekly average concentration is the arithmetic. mean of measurements made during a calendar month or week, respectively. 4. The daily maximum discharge rate means the total discharge by weight during one day. 5. The daily maximum concentration is the greatest concentration found in grab .or composite samples analyzed for one day. 6. A grab'sample is an- individual sample collected in less than 15 minutes.. 7. Unless otherwise specified, a composite sample is a combination of individual samples collected over the specified sampling period: a. at equal time intervals, with a maximum interval of one hour, and b. at varying time intervals (average interval.. one hour or Iess) so that each sample represents an equal portion of the cumulative The duration of the sampling period shall be specified in the Monitoring and Reporting Program. The method of compositing shall be reported with the" results. B. Sludge means the solids, residues, and precipitates separated from, or created in, wastewater by the unit processes of a treatment system. 9. Median is the value below which half -the samples (ranked progressively by increasing value) fall . It may be considered the middle value, or the average of the two middle values. U STANDARD PROVISIONS AND REPORTING REQUIREMENTS -14 National Pollutant Discharge Elimination System 10. Overflow means the intentional or unintentional diversion of flow from the collection and transport -systems, including pumping facilities. F. PRETREATMENT PROGRAM REQUIREMENTS (Applies to dischargers required to establish pretreatment programs by this Order. ) The Discharger shall -be responsible for the performance of all pretreatment requirements contained in 40 CFR Part 403 and shall be subject to enforcement actions., . penalties, fines, and other remedies by the U.S. Environmental Protection Agency (.EPA)., -or other appropriate parties, as provided in the Clean Water Act, as amended (33 USC 1351 et seg. ) (hereafter Act). The Discharger shall implement and enforce its Approved publicly owned treatment works (POTW) Pretreatment' Program. -The Discharger's Approved POTW Pretreatment Program is hereby made an enforceable condition of this permit. EPA may initiate enforcement action against an industrial user for noncompliance with applicable standards and requirements as -provided in the Act. The Discharger shall enforce the requirements promulgated under Sections 307(b), (c), and (d) and Section 402(b) of the Act. The Discharger shall cause industrial users subject to Federal Categorical Standards to achieve compliance no later than the date specified in those requirements or, in the case of a new industrial user, upon commencement of the discharge. - 1. The Discharger shall perform the pretreatment functions as required in 40 CFR Part 403 including, but. not limited to: a. Implement the necessary legal authorities as provided in..40 CFR 403.8(f)(1) . .b_._Enfotr retr-eatmeat_.r_equi.rements-=under-40-CFR 403.5 and. _. 403.6. c. Implement the programmatic functions as provided in 40 CFR 403.8(f)(2) , in particular, the publishing of a. list of significant violators. d. Provide the requisite funding and personnel toimplement the pretreatment program as provided in 40 CFR 403.8(f)(3). G. ANNUAL PRETREATMENT REPORT, REQUIREMENTS (Applies to dischargers required to establish pretreatment programs by:thi.s Order: ) The Discharger shall submit annually a report to the Regional Board, with copies to EPA Region 9 and the State Board, describing the Discharger' s STANDARD PROVISIONS AND REPORTING REQUIREMENTS -15 National Pollutant Discharge Elimination System 1� pretreatment activities over the previous 12 months. In the event that the Discharger is not in compliance with any conditions or requirements of this Order, including noncompliance with pretreatment audit/compliance inspection requirements, then the Discharger shall also include the reasons for noncompliance and state how and when the Discharger shall comply with such conditions and requirements. An annual repqrt shall be submitted by 28 February or as otherwise specified in the Order and include at least the following items : 1. A summary of analytical results from representative, flow- proportioned, 24-hour composite sampling of the POTW`s influent and effluent for those pollutants EPA has identified under' Section 307(a) of the CWA which are known .or suspected to be discharged by industrial users. The Discharger is not reqdired to sample and analyze for asbestos until EPA promulgates an applicable analytical technique under 40 CFR 136. Sludge shall be sampled during the same 24-hour period and analyzed for the same pollutants as the influent and effluent sampling and analysis. The sludge analyzed shall be a composite sample of a minimum of 12 discrete samples taken at equal time 4� intervals over the 24-hour period. Wastewater and sludge sampling and analysis shall be performed at least annually. The discharger shall also provide any influent, effluent or sludge monitoring data for nonpriority pollutants which may be causing or contributing to Interference, Pass-Through or adversely impacting sludge quality. :, Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR. 136 and amendments thereto. 2. A discussion of Upset, Anterference, or Pass-Through incidents, if any, at the treatment plant .which the Discharger knows or..suspe:cts were caused' by industrial users of the POTW: The discussion shall include the reasons why the incidents occurred,. the corrective actions taken and, if known, the name.and address-of. the industrial user(s)-respons-ible. The discussion shall. also include a review of the applicable pollutant limitations to determine whether any additional limitations, or changes to existing requirements, may be necessary to prevent Pass-Through, Interference, or noncompliance with sludge disposal require-ments. 3. The cumulative number of. industrial users that the Discharger has notified regarding Baseline Mon itori ngReports and the cumulative number of industrial user responses. 4. An updated list of the Discharger's industrial users including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The Discharger shall provide a brief explanation for each deletion. The list shall identify the STANDARD PROVISIONS AND REPORTING REQUIREMENTS -16 National Pollutant Discharge Elimination System industrial users subject to federal categorical standards by specifying which set(s) of standards are applicable. The list shall indicate which categorical industries, or specific pollutants from each industry, are subject to' local limitations that are more stringent than the federal categorical standards. The Discharger shall also list the noncate- gorical industrial users that are subject only to local discharge limitations'. The Discharger shall characterize the compliance status through the year of record of each industrial user by employing the following descriptions: a. complied with baseline monitoring report requirements (where applicable); b. consistently achieved compliance; c. inconsistently achieved compliance; d. significantly violated aplicable pretreatment requirements as defined .by 40 CER, 403..8(f�M(vii); e. complied with schedule to achieve compliance (include the date final compliance is -required); f. did not achieve compliance and not on a compliance schedule; and g. compliance status unknown..l A report describing the compliance status of each industrial. user characterized by" the descriptions in items c: through g. above shall be submitted for each calendar quarter within 21 days of the end of the quarter. The report shall identify the specific compliance . ; status of each such industrial user and shall also identify. the - compliance status of the POTW with regards to audit1pretreatment compliance inspection requirements. If none 'of the aforementioned conditions exist, at a minimum;..a-.fetter. indicating that all. industries are in compliance and no violations or changes to the pretreatment program have occurred during the quarter must be submitted. The information required in the fourth quarter report shall be included as part of the annual. report. This ,quarter.ly reporting requirement shall commence upon issuance of this Order. 5. A summary of the inspection and sampling activities conducted by the Discharger during the past year to gather information and data regarding the industrial users: The summary shall include: a. the names and addresses of the industrial users subjected to sur- \� veillance and an explanation of whether they were inspected, sampled, or both and the frequency of these activities at each . user; and i CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION CONTRA COSTA COUNTYWIDE NPDES MUNICIPAL STORMWATER PERMIT AMENDMENT ORDER NO. R2-2003-0022 AMENDING ORDER NO. 99-058 NPDES PERMIT NO. CAS0029912 FOR CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF EL CERRITO, CITY OF HERCULES, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PINOLE, CITY OF PITTSBURG, CITY OF PLEASANT HILL,.CITY OF RICHMOND, :ITY OF SAN PABLO, CITY OF SAN RAMON, CITY OF WALNUT CREED which have joined together to form the CONTRA COSTA CLEAN WATER PROGRAM. programs should include planning procedures for both during and after construction to implement control measures to ensure that pollution is reduced to the maximum extent practicable in areas of new development and redevelopment. Design criteria and performance standards maybe used to assist in meeting this objective" (1992).US EPA further finds that"[t]he municipality should consider stormwater controls and structural controls in planning,.zoning, and site or subdivision plan approval'(1992). The Provision would result in the Permittees' CEQA initial study checklists being revised or updated to include consideration of water quality effects from new development or redevelopment. Under the existing Permit,many of the Peffiittees have already developed processes for this element,but review and update of these processes is appropriate. V. Written Comments The formal written comment period for this Tentative Order to Amend an existing Permit closed 5 FM on October 9, 2002.,The Board reopened the comment period from December 20, 2002, to January 10, 2003, solely to collect additional information on the cost of implementing Provision C.3. The Revised Tentative Order,prepared in response to comments, will be considered by the Board at its February 19, 2003,meeting. Contact for this Revised Tentative Order: Regional Water Quality Control Board 1515 Clay Street, 14th Floor Oakland, California 94612 Attn.: Christine Boschen Or FAX: (510) 622-2501 e-mail: ceb@rb2.swrcb.ca.gov 18 � . ` TABLE OF CONTENTS ` Fmidin ` —_'---_------�----.--'—.------.----------.---.----.l � - Finding Incorporation ofFact Sheet----------------.—.------.--^I Finding 2-3: Existing Permit....................................................................................................l Finding 4� ]Bua�a for ' the]�czmi1for --.-----------'—...� Reopening Finding 5: Applicable Federal, State and Regional ........................................... Findings ` 6-18: Nature of Discharges and Sources nfPollutants..........................................2 Findings l9 -3O:Notification toDischargers and Interested Public Parties.........................6 Finding 21:Reoomb ' of Existing Provisions within Order No. 99-05Q.......................7 � Provision C.3: New D ' . Performance Standards- � . u- New Development aod Performance Standard .........8 b. Development Project Approval Process: .......................................................................8 u' Projects—�[ewand T�ojo�t ' :-----_----_-`.8 � i. Groupl Projects: ii. [frnnn 2 Projects: .-_.—_--_'''-------__-_------.--_-_.�� d' Numeric Sizing For Pollutant .............................9. ` c. Operation and Maintenance of Treatment Measures: ..................................................ll f Limitation moIncrease ofPeak StozmwnaterIbuzoff Discharge Rates: ---.----l2 g. Alternative Compliance Based on Impracticability and Requiring --_—.--..---'-_—.-_--_-------------...—_--'--_—.---_—l4 h. Alternative Certification of Adhere ncetnDesign Criteria fozStozorwotcr Treatment Measures:.................................. --'------_--------_----.--'l5 i. Limitations uuUse of Infiltration -Treatment Measnrco -TofiltzationondGroundwater � Protection: -------.----------.--.._---'-----_—l0 '. Site Design' Measures Guidance and Standards ...................................16 k. Source Control Measures Guidance I} :.--�----.----_.--_--_-l7 1. Update General Plans: ....................................................... ............................................lO ' in. Watcr Quality Review Processes:.................................................................................l9 zi. ...................._---'.-_-�—_----�--_'---_--___--�--_--'-.........20 o. S .-'_----_—.--.—_--------'-----.----.--_—...20 ' . ' ' � � � - . � ' ' � ` CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION ORDER NO. R2-2003-0022 NPDES PERMIT NO. CAS0029912 AMENDMENT REVISING ORDER NO. 99-058 FOR: CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FLOOD.CONTROL AND WATER CONSERVATION DISTRICT, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF EL CERRITO, CITY OF HERCULES, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PINOLE, CITY OF PITTSBURG, CITY OF PLEASANT HILL, CITY OF RICHMOND, CITY'OF SAN PABLO, CITY OF SAN RAMON, CITY OF WALNUT CREEK, which have joined together to form the CONTRA COSTA CLEAN WATER PROGRAM. The California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter referred to as the Regional Board) finds that: Findings Finding 1: Incorporation of Fact Sheet 1. The Fact Sheet for the Contra Costa Clean Water Program.NPDES Permit Amendment includes cited references and additional explanatory information in support of the requirements of this Amendment. This information, including any supplements thereto, and any future response to comments on the Revised Tentative Order,is hereby incorporated by reference. Finding 2-3: Existing Permit 2. The Regional Board adopted Order No. 99-058 on July 21, 1999, reissuing waste discharge requirements under the National Pollutant Discharge Elimination System (NPDES) permit for the Contra Costa Clean Water Program (the Program) for the discharge of stormwater into . San Francisco Bay(Bay) and its tributaries, and the San Joaquin Delta(Delta) and its tributaries. The Program's NPDES permit is jointly issued to the sixteen cities named above, and.Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, all of which are permittees: These permittees are referred to collectively as the Dischargers and individually as the Discharger. 3. Order No. 99-058 recognizes the Contra Costa Clean Water Program's Stormwater Management Plan (Management Plan) as the Dischargers' comprehensive control program and requires implementation of the Management Plan, which describes a framework for management of stormwater discharges. The 1999 Management Plan describes the Program's goals and objectives and contains Performance Standards, which represent the baseline level of effort required of each of the Dischargers. The Management Plan contains Performance Standards for five different stormwater management components, including new development and significant redevelopment activities. 1 Order No. R2-2003-0022 2 CCCWP Permit "Finding 4: Basis for Reopening the Permit for Amendment This Order amends existing Order No. 99-058 for Waste Discharge Requirements, NPDES Permit No. CA0029912 (the "Existing Perimif), to require additional treatment controls to ]unit stormwater pollutant discharges associated with certain new development and significant redevelopment projects. Pursuant to applicable state and federal law, including without limitation Water Code § 13263 and 40 CFR § 123.25(a), the Board may modify the Existing Permit to.require additional and more stringent controls during the term of the Existing Permit. Provision C.11 of Order No. 99-058 anticipated that amendments,revisions and modifications to the Management Plan and Existing Permit would be necessary from time to time, and provided direction that changes requiring major revision of the Management Plan shall be brought before the.Regional Board as permit amendments; This Order is consistent with Provision C.11 of Order No. 99-058. The additional treatment controls are appropriate to impose now to better reflect, and be consistent with, the current level of protection being instituted elsewhere in the Region, State and country to satisfy the Clean Water Act's requirement to control discharges.of pollutants to the maximum extent'practicable. For.instance, other states and regions require that stormwater treatment measures are sized to treat an optimal volume or flow rate of stormwater runoff based on local precipitation, that the treatment measures be adequately maintained,and that the damaging effects of increased runoff peak flows and durations also be addressed, in addition to runoff pollutant impacts. inding'5: Applicable Federal, State and Regional Regulations 5. This action to modify an NPDES permit is exempt from the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code, Chapter 3, Section 21100, et. seq.) in accordance with Section 13389 of the California Water Code. Findings 6-18: Nature of Discharges and Sources of Pollutants j 6. Urban Development Increases Pollutant Load,Volume, and Velocity of Runoff: During urban development two important changes occur. First, natural vegetated pervious ground cover is converted to impervious surfaces such as paved highways, streets, rooftops, and parldng lots. Natural vegetated soil can both absorb rainwater and remove pollutants ation process. Because pavement and concrete can providing a very effective natural purific neither absorb water nor remove pollutants, the natural purification characteristics of the land are lost. Secondly,.urban development creates new pollution sources as human population density increases and brings with.it proportionately higher levels of car emissions, car maintenance wastes,municipal sewage, pesticides,household hazardous wastes,pet wastes, trash, etc., which can be washed into the municipal separate storm sewer system. As a result of these two changes, the runoff leaving the developed urban area is significantly greater in volume, velocity and pollutant load than the pre-development runoff from the same area. 7. Certain pollutants present in stormwater and/or urban runoff may be derived from extraneous sources that the Dischargers have limited or no direct jurisdiction over. Examples.of such pollutants and their respective sources are: PAHs.which are products of internal combustion engine operation and other sources; heavy metals, such as copper from brake pad.wear and zinc from Tire wear, dioxins as products.of combustion; mercury resulting from atmospheric Order No. R2-2003-0022 3 . CCCWP Permit deposition; and natural-occuning minerals from local geology. All of these pollutants, and others, may be deposited on paved-surfaces and roof-tops as fine airborne particles, thus yielding stormwater runoff pollution that is unrelated to the particular activity or use associated with a given new or redevelopment project. However, Dischargers can implement treatment control measures, or require developers to implement treatment control measures, to reduce entry of these pollutants into stormwater and their discharge to receiving waters. 8. Retail gasoline outlets (RGOs), commonly referred to as "gas stations," are hot spots. for pollutants of concern in stormwater and have been widely documented as such. The most common pollutants of concern in stormwater runoff from RGOs are heavy metals, petroleum hydrocarbons (such as Polycyclic Aromatic Hydrocarbons (PAHs)), and oil and grease.l RGOs fall within the new development and significant redevelopment projects subject to Provision C.3 of this Order,when they meet the impervious surface thresholds within that Provision. Pursuant to Provision C.3, as with any other proj ect meeting the thresholds of that Provision, RGOs are required to incorporate appropriate source controls and design measures, and to appropriately treat stormwater runoff prior to discharge to the storm drain or local water. As with any commercial and/or industrial activity within the Dischargers' jurisdictions that has the potential to discharge pollutants in stormwater runoff, RGOs.may also be subject to regulation under other sections of the Existing Permit and incorporated Management Plan, including the Illicit Discharge Control and Industrial and Commercial Discharge Control sections. 9. The pollutants found in urban runoff can have damaging effects on both human health.and aquatic ecosystems. In addition, the increased flows and volumes of stormwater discharged from new impervious surfaces resulting from new development and redevelopment can significantly impact beneficial uses of aquatic ecosystems due to physical modifications of watercourses, such as bank erosion and widening of channels. 1 10. Water Quality Degradation Increases with Percent Imperviousness: The increased volume and velocity of runoff from developed urban areas can greatly accelerate the.erosion of downstream natural channels. A number of studies have demonstrated a direct correlation between-the degree of imperviousness of an area and the degradation of beneficial uses of downstream receiving waters. Significant declines in the biological integrity and physical habitat of streams and other receiving waters have.been found to occur with as little as a 10% conversion from natural to impervious surfaces. Typical medium-density single-family home projects range between 25 to 60% impervious. Even at very low densities, such as 1-2 housing units per acre,standard subdivision designs can exceed the 10%imperviousness threshold that, as noted above, is theorized to be the threshold for degradation of streams and other waters with increasing imperviousness.2 Studies on the impacts of imperviousness on beneficial uses of waters include "Urbanization of aquatic systems: Degradation thresholds, Retail Gasoline Outlets:New Development Design Standards,for Mitigation of Stormwater Impacts—California Water Quality Control Board,Los Angeles Region, and California Water Quality Control Board, San Diego Region,Technical Report,prepared byRadulescu, Swamikannu, and Hammer,2001. 2 A discussion of imperviousness based on type of development and time of construction is provided in Heaney, J.B., Pitt, R, and Field,R.Innovative Urban Wet-Weather Flow Management Systems, 1999. USEPA Doc.No.EPA/600/R- 991029 (Chapter 2). Order No. R2-2003-0022 4 CCC-WP Permit stormwater detection, and the limits of mitigation,"Derek B. Booth and C. Rhett Jackson, Journal of.the American Water Resources Association 33(5), Oct. 1997,pp. 1077-1089; "Urbanization and Stream Quality Impairment,"Richard D. Klein, Water Resources Bulletin 15(4), Aug. 1979, pp. 948-963; "Stream channel enlargement due to urbanization,"Thomas R. Hammer, Water Resources Research 8(6), Dec. 1972,pp. 1530- 1540; and, summaries of work on the impacts of imperviousness, including"The Importance of Imperviousness," in Watershed Protection Techniques 1(3), Fall 1994,pp. 100-111, and "Impervious surface coverage: The emergence of a key environmental indicator," Chester L. Arnold et al., Journal of the American Planning Association 62(2), Spring 1996,pp. 243-259. 11. The Dischargers have encouraged developers to minimize 'increases.in impervious surfaces through a number of techniques such as those described in the Bay Area Stormwater Management Agencies Association's (BASMAA's) "Start at the Source Design Guidance Manual for Stormwater Quality Protection," 1999 edition(Start at the Source). One of the techniques recommended by Start at-the Source is to use permeable pavements to infiltrate stormwater while still providing a stable load-bearing surface. For purposes of this Order, the Program may submit guidelines for use of these techniques for minimizing increases in impervious surfaces described in Start at the Source, implementation of which will provide that such areas will not count toward.the creation or replacement of impervious surfaces, or may be modeled differently for the purposes of sizing post-construction stormwater treatment controls, for approval by the Executive Officer. Because land use planning is where urban development begins, it is the phase in.which the greatest and most cost-effective opportunities to protect water quality in new and redevelopment exist. When.a Discharger incorporates policies and principles designed to safeguard water resources into the General Plan and development project approval processes, it has taken a far-reaching step towards the preservation of local water resources for future generations. 13. The revised Provision C.3 is written with the assumption that the Dischargers are responsible for considering potential stormwater impacts when making planning and land use decisions. The goal of these requirements is to address pollutant discharges and changes in runoff flows from new development and significant redevelopment projects, through implementation of post-construction and treatment measures, source control, and site design measures, to the maximum extent practicable. Neither Provision C.3 nor any of its requirements are intended to restrict or control local land use decision-making authority. 14. For the purposes of this Order, the term "Redevelopment"is defined as a project on a previously developed site that results in the addition or replacement of impervious surface, and the term "brownfield site"means real property, the expansion,redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. �. Opportunities to address stormwater pollution and hydrograph modification can be limited by current local design standards and guidance. For example, such standards and guidance may reduce or prohibit opportunities to minimise impervious surfaces, minimise directly Order No.R2-2003-0022 5 CCCWP Permit connected impervious area, provide for.small-scale detention, and implement other management measures. Revision of current standards and guidance can result in a significantly increased ability for project designers to min�ze project impacts and can also enhance local property values, neighborhood character, and overall.quality of life. Further, revision of standards and guidance can allow implementation of site design measures in. projects to meet or help meet the numeric sizing criteria in Provision C.3.d and/or the hydrograph modification limitation in Provision C.31. 16. Certain control measures implemented or required by the Dischargers for urban runoff management may create a habitat for vectors (e.g., mosquitoes and rodents) if not properly designed or maintained. Close collaboration and cooperative effort between Dischargers, local vector control agencies,Regional Board staff, and the State Department of Health Services is necessary to minirnie potential nuisances and public health impacts resulting from vector breeding. 17. Provision C.31 requires the Dischargers to prepare a Hydrograph Modification Management Plan (HMP), for approval by the Regional Board, to manage impacts from changes to the volume and velocity of stormwater runoff from new development and significant redevelopment projects,where these changes can cause excessive erosion damage to downstream watercourses. Transit village type developments within V4 to within %mile of transit stations and/or intermodal facilities, and projects within"Redevelopment Project Areas" (as defined by Health and Safety Code Section 33000, et.'seq.) that.redevelop an existing brownfield site or create housing units affordable to persons of low or moderate income as defined by Health and Safety Code Section 50093, are excepted from the requirements of C.31 and the HMP. Significant change in impervious surface or significant change in stormwater runoff volume or timing is unlikely in these redevelopment circumstances,because these developments would-be within a largely already paved catchment, and on a site that is largely already paved or otherwise impervious. Similarly, as specified in Provision C.3.g.v, an exemption without the requirement for alternate, equivalenf offsite treatment is allowed for the following redevelopment projects ager impracticability of including onsite treatment measures is established, where such projects are built as redevelopment projects as defined in Finding 14, and it is clearly demonstrated that cost of participation in alternate, equivalent offsite treatment through a regional treatment or other equivalent water quality benefit project fund will unduly burden the project: creation of housing units affordable to persons of low or moderate income as defined by Health and Safety Code Section 50093, brownfield sites, and/or transit village type developments within 1/4 mile of transit stations and/or intermodal facilities. Not only is significant change in impervious surface or significant change in stormwater runoff volume or timing unlikely in these redevelopment circumstances, but these redevelopment projects are also likely to provide reduced water quality impacts and/or other environmental benefits in their own right. 18. The Regional Board recognized, in its "Policy on the Use of Constructed Wetlands for.Urban Runoff Pollution Control" (Resolution No. 94-102), that urban runoff treatment wetlands that are constructed and operated pursuant to that Resolution and are constructed outside of a Order No. R2-2003-0022 6 CCCWP Permit creek or other receiving water, are stormwater treatment systems and, as such, are not waters of the United States subject to regulation pursuant to Sections 401 or 404 of the federal Clean Water Act. Regional Board staff is working with the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS) to identify how maintenance for stormwater treatment controls required under permits such as this Permit can be appropriately streamlined, given CDFG and USFWS requirements, and particularly those that address special status species. The Dischargers are expected to work diligently and in good faith with the appropriate agencies to obtain any approvals necessary to complete maintenance activities for stormwater treatment and runoff controls. If the Dischargers have done so, and maintenance approvals are not granted,where necessary, the Dischargers shall be deemed by the Regional Board to be in compliance with Provision C.3.e of this Order. Findings 19 -20: Notification to Dischargers and Interested Public Parties 19. The Dischargers and interested agencies and persons have been notified of the Regional Board's intent to modify waste discharge requirements for the existing discharge and have been provided opportunities for public meetings and the opportunity to submit their written views and recommendations. The following is a brief summary of public meetings and comment periods on versions of the Tentative Order: Public Meetings and Outreach Events: • On March 8, 2001, ABAG hosted a seminar for elected officials,municipal planning directors and public works directors, and other public on upcoming regulatory approaches to controlling stormwater pollution from new and redevelopment projects. At this seminar, an attorney working with a Contra Costa municipality partnered with US EPA staff in presenting an overview of stormwater regulation, and other representatives.of BASMAA described how municipalities can address upcoming new and redevelopment control measure requirements. • On January 10, 2002, ABAG,the Board, BASMAA,BCDC, and the City of Oakland hosted a seminar for local and,regional govemment officials, city managers, county administrators,municipal planning directors and public works directors, and other public on stormwater pollution control measures and successful redevelopment strategies to ensure clean runoff from development projects. At this seminar,public works staff from both Contra Costa County and municipalities in the County made presentations on how they were addressing the inclusion of stormwater control measures in redeveloprnent and- flood management projects in Contra Costa County. • On March 14, 2002, the Executive Officer and Watershed Management Division Chief briefed the Contra Costa City Managers Association on the proposed contents of this Order. • On March 21, 2002, the Executive Officer spoke to ABAG's Executive Board, which included elected officials from Contra Costa County, about the status of updated regulations for stormwater control measures for new and redevelopment.projects. • On April 24, 2002, Regional Board staff spoke at a seminar, organized by the Program, to introduce the Contra Costa cit; and county_ planning and engineering departments to the proposed contents of this Order. • On June 5, 2002; the Regional Board's South Bay Watershed Management Division Chief spoke to ABAG's Regional Planning Committee, which included elected officials from Order No. R2-2003-0022 7 CCCWP Permit Contra Costa County, about the status of updated regulations for stormwater control measures for new and redevelopment projects, and addressed questions'raised by officials at the March 21 presentation to ABAG's Executive Board. • On July 10, 2002,the Regional Board's North Bay Watershed Management Division Chief spoke before the Contra Costa Council regarding the proposed contents of.this Order. • On August 2, 2002,Regional Board staff gave a presentation to the Contra Costa-Council Environmental Task Force on the technical aspects of the proposed contents of this Order. • On October 8,2002, Regional Board staff gave a presentation on the proposed contents of this Order to members of creek and watershed groups from west Contra Costa County. • On November 12,2002,Regional Board staff presented an overview of the proposed contents of this Order to members of creek and watershed groups from central Contra Costa County. • . On dates including April 23, May 22, and October 30, 2002, Regional Board staff met with representatives of the Coastal Region Vector Control Agencies, which includes Contra Costa County,to discuss the updated new development and redevelopment requirements. • On December 18, 2002, and January 22, 2003, the Regional Board heard testimony from the Dischargers and interested public on the Revised Tentative Order. • On January 17 and 31, and February 7 and 14, 2003,Regional Board staff conducted public meetings on the Revised Tentative Order. Review and Comment Periods: • June 13, 2002—July 26,2002: Administrative Draft circulated to the Dischargers for comments. • August 22, 2002-October 9, 2002: Tentative Order circulated to the Dischargers, the general public and interested parties for comments. • December 20, 2002-January 10, 2003: Comment Period reopened by the Regional Board to allow additional submittals relative to projected cost of the amendment of Order No. 99-058 to both the Dischargers and the development community. 20. The Regional Board, through public testimony in public meetings and in written form, has received and considered all comments pertaining to the amendment of Order No. 99-058. Finding 21: Renumbering of Existing Provisions within Order No. 99-058 21. Provision C.3 of Order No. 99-058 stipulates Stormwater Management Plan requirements. Upon adoption of this Order, Provision C.3 will address New Development and Redevelopment Performance Standards, and existing provisions C.3 —C.15 will be renumbered C.4—C.16 in the Existing Permit. Order No.R2-2003-0022 8 CCCWP Permit -TT IS HEREBY-ORDERED that the Dischargers,in order to meet the provisions contained in . ivision 7 of the California Water Code and regulations adopted hereunder and the provisions of the Clean Water Act as amended and regulations and guidelines adopted hereunder, shall comply with the following: Provision C.3: New Development and Redevelopment Performance Standards The Dischargers will continue to implement the new development and redevelopment Performance. Standards contained in the Management Plan and improve them to achieve the control of stormwater pollutants to the maximum extent practicable in accordance with the following sections: a. New Development and Redevelopment Performance Standard Implementation: The Dischargers shall continue to implement and improve, as necessary and appropriate, the Performance Standards for new development and redevelopment controls (NDCC-1 through NDCC-26) detailed in Table 3-1 of the Program's 1999-2004 Stormwater Management Plan. la addition, the Dischargers shall implement the following Performance Standards: i. Each Discharger shall ensure access to treatment measures to Contra Costa Mosquito and Vector Control District staff, and ii. Each Discharger shall provide educational materials to municipal staff, developers, contractors, construction site operators, and owner/builders, early in the planning process and as appropriate. b. Development Project Approval Process: The Dischargers shall modify their project review processes as needed to incorporate the requirements of Provision C.3. Each Discharger shall include conditions of approval in permits for applicable projects, as defined in Provision C.3.c,to ensure that stormwater pollutant discharges are reduced by incorporation of treatment measures and other appropriate source control and site design measures, and increases in runoff flows are managed i a accordance with Provision C.31,to the maximum extent practicable. Such conditions shall, at a minimum, address the following goals: i. Require a project proponent to implement site design/landscape characteristics where feasible which maximize infiltration(where appropriate), provide retention or detention, slow runoff, and minimiTe impervious land coverage, so that post-development pollutant loads from a site have been reduced to the maximum extent practicable; and ii. For new and redevelopment projects that discharge directly(not mixed with runoff from other developed sites) to water bodies listed as impaired by a pollutant(s)pursuant to Clean Water Act Section 303(d), ensure that post-prof ect runoff does not exceed pre-project levels for such pollutant(s), through implementation of the control measures addressed in this provision, to the maximum extent practicable, in conformance with Provision C.1. Modification of project review processes shall be completed by February 15, 2005. c. Applicable Projects—New and Redevelopment Project Categories: New development and significant redevelopment projects that are subject to Provision C.3 are grouped into two categories based on project size. While all projects regardless of size should consider incorporating appropriate source control and site design measures that minimise. stormwater pollutant discharges to the maximum extent practicable, new and redevelopment projects that do not fall into Group 1 or Group 2 are not subject to the requirements of Provision C.3. Provision C.3 shall also not apply to projects for which a privately-sponsored development Order No. R2-2003-0022 9 CCCWP Permit application has been deemed complete by a Discharger or, with respect to public.projects, for which funding has been committed and for which construction is scheduled by February 15, 2005. L Group 1 Projects: Dischargers shall require Group 1 Projects to implement appropriate source control and site design measures and to design and implement stormwater treatment measures, to reduce the discharge of stormwater pollutants to the maximum extent practicable. Implementation of this requirement shall begin February 15,2005. Group l Proj ects consist of all public and private projects in the following categories: 1. Commercial, industrial, or residential developments that create one acre (43,560 square feet) or more of impervious surface, including roof area, streets and sidewalks. This category includes any development of any type on public or private land,which falls under the planning and building authority of the Dischargers, where one acre or more of new impervious surface, collectively over the entire project site,will be created. Construction of one single-family home,which is not part of a larger common plan of development,with the incorporation of appropriate pollutant source control and design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces (e.g„ runoff from roofs,patios, driveways, sidewalks, and similar surfaces),would be in substantial compliance with Provision C.3. 2. Streets, roads, highways, and freeways that are under the Dischargers'jurisdiction and that create one acre(43,560 square feet) or more of new impervious surface. This category includes any newly constructed paved surface used primarily for the transportation of automobiles,trucks,motorcycles, and other motorized vehicles. Excluded from this category are sidewalks, bicycle lanes, trails,bridge accessories, guardrails, and landscape features. 3. Significant Redevelopment projects. This category is defined as a project on a previously developed site that results in addition or replacement, which combined total 43,560 e or more of impervious surface on such an already.developed site ("Significant Redevelopment"). Where a Significant Redevelopment project results in an increase of, or replacement of,more than fifty percent of the impervious surface'of a previously existing development, and the existing development was not subject to stormwater treatment measures, the entire project must be included in the treatment measure design. Conversely, where a Significant Redevelopment project results in an increase of, or replacement of,less than fifty percent of the impervious surface of a previously existing development, and the existing development was not subject to stormwater treatment measures, only that affected portion must be included in treatment measure design. Excluded from this category.are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair includes roof or exterior surface replacement,pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-waywhere both sides of that right-of-way are developed. ii. Group 2 Projects: The Group 2 Project definition is in all ways the same as the Group 1 Project definition above, except that the size threshold of impervious area for new and Significant Redevelopment projects is reduced from one acre(43,560 ft2) ofimperyious surface to 10,000 square feet. Dischargers shallrequire Group 2 Projects to implement appropriate source control and site design measures Order No.R2-2003-0022 10 CCCWP Permit and to design and implement appropriate stormwater treatment measures, to reduce stormwater pollution to the maximum extent practicable. Projects consisting of one single family home not part of a larger common plan of development are excluded from the Group 2 Project definition, and therefore excluded from the requirement to implement appropriate stormwater treatment measures. Implementation of this requirement shall begin by August 15, 2006, at which time the definition of Group 1 Projects is changed to include all Group 2 Projects. iii. Proposal for Alternative Group 2 Project Definition: The Program and/or any Discharger maypropose, for approval by the Regional Board, an Alternative Group 2 Project definition, with the goal that any such alternative definitiou'aim to ensure that the maximum created impervious surface area is treated for the minimum number of projects subject to Discharger review. Any such proposal shall contain supporting information about the Dischargers' development patterns, and sizes and numbers of proposed projects for several years, that demonstrates that the proposed definition would be substantially as effective as the Group 2 Project definition in Provision C.3.c.ii. Proposals may include differentiating projects subject to the Alternative Group 2 Project definition by land use, by focusing solely on the techniques recommended by Start at.the Source for documented low pollutant loading land uses, and/or by optimum use of landscape areas required by Dischargers under existing codes as treatment measures. Proposals may be submitted anytime, with the understanding that the Group 2 Project definition, as described in Provision C.3.c.ii will be upheld as the default in the absence of an approved Alternative Group 2 Project definition. d. Numeric Sizing Criteria For Pollutant Removal Treatment Systems: All Dischargers shall require that treatment measures be constructed for applicable projects, as defined in Provision C.3.c, that incorporate, at a minimum, the following hydraulic sizing design criteria to treat stormwater runoff. As appropriate for each criterion,the Dischargers shall use or appropriately analyze local rainfall data to be used for that criterion. i. Volume Hydraulic Design Basis: Treatment measures whose primary mode of action depends on volume capacity, such as detention/retention units or infiltration structures, shall he designed to treat stormwater runoff equal to: 1. The maximized stormwater capture volume for the area,based on historical rainfall records, determined using the formula and volume.capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 231 ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.g., approximately the 85 h percentile 24-hour storm runoff event); or 2. The volume of annual ninofErequired to achieve 80 percent or more capture, determined in accordance with the methodology set forth in Appendix D of the California Stormwater Best Management Practices Handbook, (1993), using local rainfall data. ii. Flow Hydraulic Design Basis: Treatment measures whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat: 1. 1.0% of the 50-year peak flow rate; or 2. The flow of runoffproduced by a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the-applicable area,based on historical records of hourly rainfall depths; or 3. The flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. Order No.R2-2003-0022 11 CCCWP Permit e. Operation and Maintenance of Treatment Measures: All treatment measures must be adequately operated and maintained by complying with the process described below. Beginning July 1, 2004, each Discharger shall implement a treatment measures operation and maintenance (O&M) verification program(O&M Program), which shall include the following: i. Compiling a list of properties (public and private) and responsible operators for, at a minimum, all treatment measures implemented from the date of adoption of this Order. Information on the location of all stormwater treatment measures shall be sent to the local vector control district. In addition, the Dischargers shall inspect a.subset of.prioritized treatment measures for appropriate O&M, on an annual basis,with appropriate follow-up and correction. ii. Verification and access assurance shall at a minimum include: Where a private entity is responsible for O&M, the entity's signed statement accepting responsibility for maintenance until the responsibility is legally transferred to another entity; and access permission for - representatives of the Discharger, local vector control district, and Regional Board staff strictly for the purpose of O&M verification for the specific stormwater treatment system to the extent allowable by law; and, for all entities, either: 1. A signed statement from the public entity assuming post-construction responsibility for treatment measure maintenance and that the treatment measure meets all local agency design standards; or 2. Written conditions in the sales or Jease agreement requiring the buyer or lessee-to assume responsibility for O&M consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or 3. Written text in project conditions, covenants and restrictions (CCRs) for residential properties assigning O&M.responsibilities to the home owners association for O&M of the treatment measures; or 4. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures. hi. O&M Reporting: The Dischargers shall report on their O&M Program in each Annual Report, starting with the Annual Report to be submitted September 2005. The Annual Report shall contain: a description of the organizational structure of the Discharger's O&M Program; an evaluation of that O&M Program's effectiveness; summary of any planned improvements to the O&M Program; and a list or summary of treatment measures that have been inspected that year with inspection results. iv. The program shall submit by June 1, 2004, a vector control plan, acceptable'to the Executive Officer, after consultation with the Contra Costa Mosquito and Vector Control District. The plan shall include design guidance for treatment measures to prevent the production of vectors, particularly mosquitoes, and provide guidance on including vector abatement concerns in O&M and verification inspection activities. v. The Dischargers are expected to work diligently and in good faith with the appropriate state and federal agencies to obtain any approvals necessary to complete maintenance activities for stormwater treatment measures. If the Dischargers have done so; and maintenance approvals are not granted, where necessary, the Dischargers shall be deemed by the Regional Board to be in compliance with this Provision. Order No. R2-2003-0022 12 CCCWP Permit t Limitation on Increase of Peak Stormwater Runoff Discharge Rates: i. The Dischargers shall manage increases in peak runoffflow and increased runoffvolume, for all Group 1 Projects, where such increased flow and/or volume is likely to cause increased erosion of creek beds and banks, silt pollutant generation, or other waterbody impacts to beneficial uses due to increased erosive force. Such management shall be through implementation of a Hydrograph Modification Management Plan(HMP). -The HMP, once approved by the Regional'Board, will be implemented so that post-project runoff shall not exceed estimated pre-pro]ect rates and/or.durations, where the increased stormwater discharge rates and/or durations will result in increased potential for erosion or other significant adverse impacts to beneficial uses, attributable to changes in the amount and timing of runoff. The. term duration in this Provision is defined as the period that flows are above a threshold that causes significant sediment transport and may cause excessive erosion damage to creeks and streams. ii. Provision C.311 does not apply to new development and significant redevelopment projects where the project discharges stormwater runoff into creeks or storm drains where the potential for erosion or other impacts to beneficial uses, is minimal. Such situations may include discharges into creeks that are concrete-lined or significantly hardened (e.g., with rip-rap, sackrete, etc.) downstream to their outfall in San Francisco Bay, underground storm drains' discharging to the Bay, and construction of infill projectsin highly developed watersheds, where the potential for single-project and/or cumulative impacts.is minimal. Guidelines for identification of such situations shal..be included as a part of the HMP. However,.plans to restore a creek reach may re-introduce,the applicability of HMP controls, and would need to be addressed in the HMP. iii. The HMP may identify conditions under which some increases in runoff may not have a potential for increased erosion or other impacts to beneficial uses. Reduced controls or no controls on peak stormwater runoff discharge rates and/or durations may be appropriate in those cases, subject to the conditions in-.the HMP. In the absence of information demonstrating that changes in post-development runoff discharge.rates and durations will not result in increased potential for'erosion or other adverse impacts to beneficial uses, the HMP requirements shall apply. iv. The HMP proposal shall include: 1. A review of pertinent literature;. 2. A protocol to evaluate potential hydrograph change impacts to downstream watercourses from proposed projects; 3. An identification of the rainfall event below which these standards and management requirements apply, or range of rainfall events to which these requirements apply; 4. A description of how the Dischargers will incorporate these requirements into their local approval processes; or the equivalent; and 5. Guidance on management practices and measures to address identified impacts. The Dischargers.may prioritize'which individual watersheds the HMP would initially apply to, if it were demonstrated in the HI`s that such prioritization is appropriate. The Dischargers may work appropriately with the Santa Clara Valley urban Runoff Pollution Prevention Program and/or other Bay Area stormwater programs as part of completing these requirements. For example, the Dischargers may wish to expand on the literature review being Order No. R2-2003-0022 13 CCCWP Permit completed by the Santa Clara Valley Urban Runoff Program under its permit, rather,than authoring their own literature review from scratch. While such cooperation is encouraged, it shall not be grounds for delaying compliance beyond the schedule set forth-herein. v. .The identified maximum rainfall event or rainfall event range may be different for specific watersheds, streams, or stream reaches. Individual Dischargers may utilize the protocol to determine a site- or area-specific rainfall event standard. vi. The MA?'s evaluation protocols,management measures; and other information may include the following: 1. Evaluation of the cumulative impacts of urbanization of a watershed on stormwater discharge and stream morphology in the watershed; 2. Evaluation of stream form and condition, including slope, discharge, vegetation, underlying geology, and other information, as appropriate; 3. Implementation of measures to minimize impervious surfaces and directly connected impervious area in new development and redevelopment projects; 4. Implementation of measures including stormwater detention, retention, and infiltration; 5. Implementation of land use planning measures (e.g., stream buffers and stream restoration activities,including restoration-in-advance of floodplains,revegetation, use of less- impacting facilities at the point(s) of discharge; etc.)to allow expected changes in stream channel cross sections, stream vegetation, and discharge rates,velocities, and/or durations without adverse impacts to stream beneficial uses; 6. A mechanism for pre- vs.post-project assessment to determine the effectiveness of the HMT and to allow amendment of the FIMP, as appropriate; and, 7. Other measures, as appropriate.- vu:Equivalent limitation of peak flow impacts: 'The Dischargers may develop an equivalent limitation protocol, as part of the HMP, to address impacts from changes in the volumes, velocities, and/or durations of peak flows through measures other than control of those volumes and/or durations. The protocol may allow increases in peak flow and/or durations, subject to the implementation of specified design, source control, and/or treatment control measures and land planning practices that take into account expected stream change (e.g., increases in the cross-sectional area of stream channel)resulting from changes in discharge rates and/or durations, while maintaining or improving beneficial uses of waters. viii. The Dischargers as a group shall complete the HNO according to the schedule below. All required documents shall be submitted acceptable to the Executive Officer, based on the criteria set forth in this Order, except the HNT,which shall be submitted for approval by the Regional Board. Development;and implementation status shall be reported in the Dischargers' Annual Reports,which shall also provide a summary of projects incorporating measures to- address this Provision and the measures used. 1. February 15, 2004: Submit a detailed workplan and schedule for completion of the literature review, development of a protocol to identify an appropriate limiting storm, development.of guidance materials, and other required information; 2. February 15, 2004: Submit literature review; 3. November 15, 2004: Submit a draft HNIP, including the analysis that identifies the appropriate limiting storm and the identified limiting storm event(s) or event range(s); Order No. R2-2003-0022 14 CCCWP Permit 4. May 15, 2005: Submit the HMP for Regional Board approval; and, 5. Upon adoption by the Regional Board, implement the HMP, which shallinclude the requirements of this Provision. Prior to approval of the HMP by the Regional Board, the early implementation of measures likely to be included in the HMP shall be encouraged by the Dischargers. g. Alternative Compliance Based on Impracticability and Requiring Compensatory Mitigation: i. The.Dischargers may establish a program under which a project proponent may request alternative compliance with the requirement in Provision C.3.c to install treatment.measures onsite for a given project,upon an appropriate showing of impracticability, and with provision to treat offsite an equivalent.surface area,pollutant loading or.quantity of stormwater runoff or provide other equivalent water quality benefit, such as stream restoration or other activities that limit or mitigate impacts from excessive erosion or sedimentation. The offsite location of this equivalent stormwater treatment, or water quality benefit, shall be where no other requirement in Provision C.3.c. for treatment exists, and within the same stormwater runoff drainage basin and treating runoff discharging to the same receiving water,where feasible. Under this Provision, enhancements of existing mitigation projects are acceptable. The Dischargers should specifically define the basis for impracticability or infeasibility,which may include situations where onsite treatment is technically feasible, but excessively costly, as determined by set criteria. ii. Regional Solutions: The alternative complianceprogram may allow a project proponent to participate in a regional*or watershed-based stormwater treatment facility, without a showing of impracticability at the individual project site, if the regional or watershed-based stormwater treatment facility discharges into the same receiving water, where feasible. iii. The Program is encouraged to propose a model alternative compliance program on behalf of the Dischargers, for approval by the Regional Board, and for potential adoption and implementation by the Dischargers. iv. The alternative compliance program proposal should state the criteria for granting alternatives to the requirement to install treatment measures onsite; criteria for determining impracticability or infeasibility; and criteria for use of regional or watershed-based stormwater treatment facilities. The proposal should also describe how the project sponsor will provide equivalent water quality benefit or credit to an alternative project or to a regional or watershed-based treatment.facility, and tracking mechanisms to support the reporting requirements set forth in Provision C.3.g.vi below. v. An exemption without the requirement for'alternate, equivalent offsite treatment is allowed for the following redevelopment projects after impracticability of including onsite treatment measures is established,where such projects are built as redevelopment projects as defined in Finding 14, and it is clearly demonstrated that cost of participation in alternate, equivalent offsite treatment through a regional treatment or other equivalent water quality benefit project fund will unduly burden the project: creation of housing units affordable to persons of low or moderate income as defined by Health and Safety Code Section 50093, brownfield sites, and/or transit village type developments within 1/4 mile of transit stations and/or inteimodal facilities. Order No. R2-2003-0022 15 CCCWP Permit vi. Reporting: Each year, as part of its Annual Report, each Discharger shall provide a list of the alternative projects and exemptions it granted. For each project and exemption, the following information shall be provided: 1. Name and location of the project for which the alternative project or exemption was granted; 2. Project type (e.g., restaurant,residence, shopping center)and size; 3. Area or percent of impervious surface in the project's final design; 4. Reason for granting the alternative project exemption, including, for those projects granted an exemption without the requirement for alternate,.equivalent offsi:Le treatment, a demonstration that cost of such equivalent offsite treatment unduly burdened the project; 5. Terms of the alternative project or exemption; and,.. 6. The offsite stormwater treatment project receiving the benefit, and the date of completion of the project. VH.Interim Alternative Compliance Program: In the event that an exemption program has not been proposed by the Program and/or a Discharger, approved by the Regional Board, or implemented by a particular Discharger by the date of implementation of Group 1 Proj ects, provision for an interim alternative to the requirement to install treatment measures onsite may be granted by a Discharger: An interim alternative compliance project maybe granted if the project proponent (1) demonstrates onsite impracticability due to extreme limitations of space for treatment and lack of below grade surface treatment options, and(2)presents sufficient assurance of providing equivalent offsite stormwater pollutant and/or volume treatment at another location within the drainage basin, for which construction of stormwater treatment measures is not otherwise required, discharging into the same receiving water,where feasible. The Discharger'shall be responsible for assuring that equivalent offsite treatment has occurred for any use of this interim alternative compliance program,within six months of project construction, and shall report the basis of onsite 9--practicability and the nature of equivalent offsite treatment for each project in its Annual Report. Any equivalent offsite treatment that does not include construction of stormwater treatment measures must be approved by the Executive Officer based on the criteria set forth in this Order. This interim alternative compliance clause will be void when the Regional Board approves the exemption program described in Provision C.3.g.i-vi, above. h. Alternative Certification of Adherence to Design Criteria for Stormwater Treatment Measures: In lieu of conducting detailed review to verify the adequacy of measures required pursuant to Provisions C.3.d, a Discharger may elect to accept a signed certification from a Civil Engineer or a Licensed Architect or Landscape Architect registered in the State of California, or.another Discharger that has overlapping jurisdictional project permitting authority, that the plan meets the. criteria established herein. The Discharger should verify that each certifyingperson has been trained on treatment measure design for water quality not more than three years prior to the signature date,and that each certifying person understands the groundwater protection principles applicable to the project site (see Provision C.3.i, Limitations on Use of Infiltration Treatment Measures). Training conducted by an organization with stormwater treatment measure design expertise (e.g., a university, American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, or the California Water Environment Association) maybe considered qualifying. Order No. R2-2003-0022 16 CCCWP Permit i.. Limitations on Use of Infiltration Treatment Measures - Infiltration and Groundwater Protection: In order to protect groundwater from pollutants that may be present in urban runoff, treatment measures that function primarily as infiltration devices(such as infiltration basins and infiltration trenches not deeper than their maximum width) shall meet, at a minimum,the following conditions: i. Pollution prevention and source control measures.shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration devices are to be used; . ii. Use of infiltration devices shall not cause or contribute to degradation of groundwater water quality objectives; iii. Infiltration devices shall be adequately maintained to maxin:ze pollutant removal capabilities; iv. The vertical distance from the base of any infiltration device to the seasonal high groundwater mark shall be at least 10 feet. Note that some locations within the Dischargers'jurisdiction are characterized by highly porous soils and/or a high groundwater table; in these areas, treatment measure approvals should be subject to a higher level of analysis (e.g., considering the potential for pollutants such as on-site chemical use,the level of pretreatment to be achieved, and similar factors); v. Unless stormwater is first treated by a means other than infiltration, infiltration devices shall not be recommended as treatment measures for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as designated by each Discharger; and, vi. Infiltration devices shall be located a minimum of 100 feet horizontally from any known water supply wells. . j. Site Design Measures Guidance and Standards Development: i. The Dischargers shall review their local design standards and guidance for opportunities to make revisions that would result in reduced impacts to water quality and beneficial uses of waters. In this event, the Dischargers shall make any such revisions and implement the updated standards and guidance, as necessary. Areas of site design that may be appropriate to address include the following,which are offered as examples: 1. Minimize land disturbance; 2. Minimize impervious surfaces (e.g., roadway width, driveway area, and parking lot area), especially directly connected impervious areas; 3. Minimum-impact street design standards for new development and redevelopment, including typical specifications (e.g., neo-traditional street design standards and/or street standards recently revised in other cities, including Portland, Oregon, and Vancouver, British Columbia); 4. Minimum-impact parking lot design standards, including parking space maximization within a given area, use of landscaping as a stormwater drainage feature, use of pervious pavements, and parking maxima; Order No. R2-2003-0022 17 CCCWP Permit e 5. Clustering of structures and pavement; 6. Typical specifications or "acceptable design" guidelines for lot-level design measures, including:. • Disconnected roof downspouts to splash blocks or."bubble-ups;" Alternate driveway standards (e.g., wheelways, unit pavers, or other pervious pavements); and, • Microdetention,including landscape detention and use of cisterns (may also be . considered treatment measures); 7. Preservation of high-quality open space; S. Maintenance and/or restoration of riparian areas and wetlands as project amenities, including establishing vegetated buffer zones to reduce runoff into waterways, allow for stream channel change as a stream's contributing watershed urbanizes, and otherwise mitigate the effects of urban runoff on waters and beneficial uses of waters (may also be considered treatment measures); and, 9. Incorporation of supplemental controls to mim,r,ie changes in the volume, flow rate, timing, and duration of runoff, for a given precipitation event or events. These changes include cumulative hydromodification caused by site development. Measures may include landscape-based measures or other features to reduce the velocity of, detain, and/or infiltrate stormwater runoff(may also be considered treatment measures). u. The standards and guidance review shall be completed according to the schedule below. A summary of review, revision, and implementation status shall be submitted for acceptance by the Executive Officer and reported in the Dischargers'. Annual Reports,beginning with the Annual Report due September 15, 2005. 1. No later than August 15, 2003: The Dischargers shall submit a detailed workplan and. schedule for completion of the review of standards and guidelines, any proposed.revisions thereto and any implementation of revised standards and guidance; 2. No later than November 15, 2004: The Dischargers shall submit a draft review and analysis of local standards and guidance, opportunities for revision, and any proposed revised standards and guidance; and, 3. No later than November 15, 2005: The Dischargers shall incorporate any revised standards and guidance into their local approval processes and shall fully implement the revised standards and guidance. k. Source Control Measures Guidance Development: The Dischargers shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Performance Standards that summarize source control requirements for such.projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable. Examples of source control measures may include the following, which are offered as examples: L Indoor matlequipment wash racks for restaurants, or covered outdoor wash racks plumbed to the.sanitary sewer; Order No. R2-2003-0022 18 CCCWP Permit h. Covered trash and food.compactor.enclosures with a sanitary sewer connection for dumpster drips and designed such that run-on to trash enclosure areas is avoided; W. Sanitary sewer drains for swimming pools; iv. Sanitary drained outdoor covered wash areas for vehicles, equipment, and accessories; v. Sanitary sewer drain connections to take fire sprinkler test water; vi. Storm drain system stenciling; vii.Landscaping that rninimies irrigation and runoff,promotes surface infiltration where appropriate, minimises the use of pesticides and fertilizers, and where feasible removes pollutants from stormwater runoff, and, viii.' Appropriate covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas. A model enhanced new develo went and significant redevelopment source control-Performance Standard and proposed workplan for its implementation shall be submitted by Xugust , Implementation shallbegin no later than February 15, 2005, and the status shall thereafter be reported in the Dischargers' Annual Reports,beginning with the Annual Report due September 15, 2005, which shall also provide appropriate detail on projects reflecting the application of the enhanced Performance Standards consistent with Provision C.3.b above. 1. Update General Plans: If necessary(and only to the extent which is necessary)in order to be able to require implementation of the measures required by Provision C.3 for applicable development projects, at the next scheduled update/revision of its General Plan, each Discharger shall confirm that it has incorporated water quality and watershed protection principles and policies into its General Plan or equivalent plan. These principles and policies shall be designed to protect natural water bodies, reduce impervious land coverage, slow runoff, and where feasible,maximize opportunities for infiltration of rainwater into soil. Such.water quality and watershed protection principles and policies may include the following,which are offered as examples: L Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment and where feasible maximize on-site infiltration of runoff, u. Implement pollution prevention methods supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close as possible to, the source(i.e., the point where water initially meets the ground)to minimi 7e the transport of urban runoff and pollutants offsite and into a municipal separate storm'sewer system; iii. Preserve, and where possible, create or restore areas that provide important-water quality benefits; such as riparian corridors,wetlands, and buffer zones. Encourage land acquisition and/or conservation easement acquisition of such areas; iv. Limit disturbances of natural water bodies and natural drainage,systems caused by development including roads, highways, and bridges; v v. Prior to making land use decisions, utilize methods available to estimate increases in pollutant loads and flows resulting from projected future development. Require incorporation of structural Order No..P?-2003-0022 . 19 CCCWP Permit and non-structural treatment measures to mitigate the projected increases in pollutant loads and Lows, vi. Avoid development of areas that are particularly susceptible to erosion and sediment loss; or establish development guidance that identifies these areas and protects them from erosion and sediment loss; and, vii.Reduce pollutants associated with vehicles and increased traffic resulting from development. If amendments of General Plans are determined to be legally necessary to allow for implementation of any aspect of Provision C.3, such amendments shall occur by the implementationdate of the corresponding component of the Provision. If legally necessary General Plan amendments cannot occur by the implementation date because of CEQA requirements or other constraints imposed by the laws applicable to amending General Plans,the Discharger shall report this to the Executive Officer as soon as possible, and no later than in the Annual Report due more than six months in advance of the implementation date. Should changes to implementation dates to enable a Discharger-to comply with CEQA and General Plan legal requirements be necessary,the Discharger shall recommend a new implementation date for approval by the Regional Board. m. Water Quality Review Processes: When Dischargers conduct environmental review of projects in their jurisdictions, the Dischargers shall evaluate water quality effects and identify_appropriate mitigation measures. This requirement shall be implemented by May 15, 2004. Questions that evaluate increased pollutants and flows from the proposed project include the following,which are offered as examples: i. Would the proposed project result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical stormwater pollutants (e.g.,heavy metals,pathogens,.petroleum derivatives, synthetic organics, sediment,nutrients, oxygen-demanding substances, and.trash). ii. Would the proposed project result in significant alteration of receiving water quality during or following construction? iii. Would the proposed project result in increased impervious surfaces and associated increased runoff? iv. Would the proposed project create a significant adverse.environmental impact to drainage patterns due to changes in runoff flow rates or volumes? v. Would the proposed project result in increased erosion in its watershed? vi. Is the project tributary to an already impaired water body, as listed on the Clean Water Act 'Section 303(d) list? If so,will it result in an increase in any pollutant for which the water body is already impaired? vu.Would the proposed project have a potentially significant environment::d impact on surface water quality, to marine, fresh, or wetland waters? viii. Would the proposed project have a potentially significant adverse impact on ground water quality? ix. Will the proposed project cause or contribute to an excel'dance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Order No. R2-2003-0022 20 CCCWP Permit x. Will the project impact aquatic, wetland, or riparian habitat? .i. Reporting: The Dischargers shall demonstrate compliance with the requirements of Provision C.3 by. providing in their Annual Reports the information described in Table 1, beginning dth the dates shown in Table 1 and continuing thereafter. In addition, the following information shall be collected for Annual Report submittal,beginning upon the date of adoption of this Order, unless otherwise specified below. i. For all new development and Significant Redevelopment projects which meet.the Group 1 or Group 2 definitions in Provision C.3.c, collect and report the name or other identifier, type of project (using the categories in Provision C.3.c), site acreage or square footage; and square footage of new impervious surface. ii. For projects that mustimplement treatment measures,report which treatment measures were used and numeric-sizing criteria employed, the O&M responsibility mechanism including responsible party, site design measures used, and source control measures required. This reporting shall begin in the Annual Report following the implementation date specified in Provision C.3:c. This information shall also be reported to the appropriate local vector control. district,with additional information of access provisions for vector control district staff. The Dischargers may utilize their Annual Reports to highlight their budget constraints and suggest repriontization of any Program activities in order to achieve the most cost effective overall Program. Implementation Schedule: The Dischargers shall implement the requirements of Provisions C.3.b through C.3.n according to the schedule in Table 2. . I, Loretta K. Barsamian, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on February 19, 2003. i , Loretta K. Barsamia_n Executive Officer ATTACHMENTS - Table.l: Summary of Annual and One-Time Reporting Requirements Table 2: Implementation Schedule Table 1: Summary of Annual and One-Time Reporting Requirements Provision Information to Report Date C.3.b List of anv modifications made to development project approval 2004 &2005 Project process Annual Reports Approval Process Modification of project review processes completed Feb. 15, 2005 C.3.0.iii Optional: Propose an Alternative Group 2 Project definition No deadline C.3.e Details of O&M verification program: organizational structure, Beginning with . O&Ad evaluation, proposed improvements, list/#of inspections and 2005 follow-up Annual Report C.3.f Submit a detailed workplan and schedule Feb. 15, 2004 Peak Submit literature review Feb. 153 2004 Runoff Subunit draft Hydrograph Modification Management Plan(HMP) Nov. 15, 2004 Limitation Submit final HMP for Regional Board approval May 15, 2005 C.3.g Name and location of alternative project or exemption; In each Annual Alternative - Project type and size;Area or percent impervious surface, Report; Compliance Reason for granting the alternative project or exemption; Begin the year an Terms of the altemattive project or exemption; The stormwater treatment project or regional project receiving alternative the benefit, and the date of completion of the project. project granted C.3.h List the projects certified by someone other than a Discharger In each Annual Alternate employee Report Certification C.3-i Summarize the status of review,revision, and implementation of In each Annual Site Design Site Design Measures Guidance and standards Report ,.y Guidance Submit workplan and syhedule for revision of guidance August 15,2003 Submit draft proposal of revised standards and guidance Nov. 15, 2004 Summarize how any revisions to site design standards and/or Beginning with guidance have been incorporated into local approval process 2005 Annual Report C.3.k Submit draft conditions of approval document for source control August 15, 2004 Source measures Control Summarize how any revisions to source control measures Beginning with guidance document have been implemented 2005 Annual Report C.3.1 Summarize any revisions to General Plans that direct land-use In Annual General decisions and require implementation of consistent water quality Reports Plan protection measures for development projects C.3.n List new development and redevelopment projects by name,type In each Annual Reporting of project (using the categories in Provision C.3.c.), site acreage Report following or square footage, square footage of new impervious surface. implementation Where applicable,report treatment measures and numeric sizing criteria used, O&M responsibility mechanism, site design measures used, and source control measures required Attachment H STATE WATER RESOURCES CONTROL BOARD(SWRCB) ORDER NO.99-08-DWQ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) GENERAL PERMIT NO.CAS000002 WASTE DISCHARGE REQUIREMENTS;(WDRS) FOR DISCHARGES OF STORM WATER RUNOFF ASSOCIATED WITH CONSTRUCTION ACTIVITY The State Water Resources Control Board finds flat- 1. Federal regulations for controlling pollutants in storm water runoff discharges were promulgated by the U.S.Environmental Protection Agency(USEPA)on November 16, 1990 (40 Code of Federal Regulations (CFR)Parts 122, 123, and 124). The regulations require discharges of storm water to surface waters associated with construction activity including clearing,grading;and excavation activities(except operations that r=dt m disurrbanae of less than five acres of total land area and which are not part of a larger common plan of development or sale)'to obtain an NPDES permit and to implement Best Available Technology Economically Achievable(BAT)and Best Conventional Pollutant Control Technology(BCT)to reduce or eliminate storm water pollution. 2. This General Permit regulates pollutants in discharges of storm water associated with construction activity(storm water discharges)to surface waters,except from those areas on Tribal Lands; Lake Tahoe Hydrologic Unit; construction projects which disturb less than five acres,unless part of a larger common plan of development or sale;and storm water discharges which are determined ineligible for coverage under this General Permit by the California Regional Water Quality Control Boards(RWQCBs). Attachment 1 contains addresses and telephone numbers of each RWQCB office. 3. This General Permit does not preempt or supersede the authority of local storm water management agencies to prohibit, restrict, or control storm water discharges to separate storm sewer systems or other watercourses within their jurisdiction, as allowed by State and Federal law. B. RECEIVING WATER LIMITATIONS: 1. Storm water discharges and authorized nonstorm water discharges to any surface or ground water shall not adversely impact human health or the environment. 2. The SWPPP developed for the construction activity covered by this General Permit shall be designed and implemented such that storm water discharges and authorized nonstorm water discharges shall not cause or contribute town exceedance of any applicable water quality standards contained in a Statewide Water.Quality Control Plan and/or the applicable RWQCB's Basin Plana 3. Should it be determined by the discharger, SWRCB,.or RWQCB that-storm water discharges and/or authorized nonstorm water discharges are causing or - contributing to an exceedance of an applicable.water quality standard.,the . discharger shall: a. Implement corrective measures immediately following discovery that water quality standards.were exceeded,followed by notification to the RWQCB:by telephone as soon as possible but no later than 48 hours after the discharge has been discovered_ This notification shall be followed by a report within 14-calender days to the appropriate RWQCB,unless otherwise directed by the RWQCB,describing(1)the nature and cause of the water quality standard exceedance; (2)the BMPs curmndy being implemented; (3)any additional BWs which will be implemented to prevent or reduce pollutants that are causing or contributing to the exceedance of water quality standards;and(4) any maintenance or repair of BMPs. This report shall include.an implementation schedule for connective actions and shall describe the actions taken to reduce the pollutants causing or contributing to the exceedance. b. The discharger shall revise its SWPPP and monitoring,program immediately after the report to the RWQCB to incorporate the additional BMPs.that have been and will be implemented,the implementation schedule, and any additional monitoring needed. C. Nothing in this section shall prevent the appropriate RWQCB from enforcing.any provisions of this General Permit while the discharger prepares and implements the above report. C. SPECIAL PROVISIONS FOR CONSTRUCTION ACTIVITY: 1. All dischargers shall file an NOI and pay the appropriate fee for construction activities conducted at each site as required by Attachment 2: Notice of Intent-- General Instructions. 4 and (e) are not prohibited by a Basin Plan. If a non-storm water discharge is subject to a separate permit adopted by a RWQCB, the discharge must additionally be authorized by the RWQCB permit. 11. Following adoption of this General Permit,the RWQCBs shall enforce the.provisions herein including the monitoring and reporting requirements. 12. Following public notice in accordance with State and Federal.laws and regulations, the SWRCB in a public•meeting on June 8, 1998,heard and considered all comments. The SWRCB has prepared written responses to all significant comments. 13. This Order is an NPDES permit in compliance with section 402-of the Clean Water Act (CWA)and shall take effect upon adoption by the SWRCB provided the Regional Administrator of the USEPA has no objection. :If the USEPA Regional Administrator_ objects to its issuance,the General Permit shall not become effective until such objection is withdrawn. 14. This General Permit does not authorize discharges of fill or dredged material regulated by the U.S.Army Corps of Engineers under CWA section 404 and does not constitute a waiver of waxer qualitycertification under CWA section 401. IT IS HEREBY.ORDERED that all dischargers who file an NOI indicating their intention to be regulated under the provisions of this General Permit shall comply with-the following: A. DISCHARGE PROHIBITIONS: 1. Authorization pursuant to this General Permit does not constitute an exemption to applicable discharge prohibitions prescribed in Basin Plans,as implemented by the nine RWQCBs. 2. Discharges of material other than storm water which are not otherwise authorized by an NPDES permit to a separate storm sewer system(MS4)or waters of the nation are prohibited;except as allowed in Special Provisions for Construction Activity, C.3. 3. Storm water discharges shall not cause or threaten to cause pollution, contamination,or nuisance. 4. Storm water discharges regulated by this General Permit shall not contain a hazardous substance equal to or in excess of a reportable quantity listed in 40 CFR Part 117 and/or 40 CFR Part 302. 3 2. All dischargers shall develop and implement a SWPPP in accordance with Section A: Storm Water Pollution Prevention Plan. The discharger shall implement controls to reduce pollutants in storm water discharges from their construction sites to the BAT/BCT performance standard. 3. Discharges of non-storm water are authorized only where they do not cause or contribute to a violation of any water quality standard and are controlled through implementation of appropriate BMPs for elimination or reduction of pollutants. Implementation of appropriate BMPs is a condition for authorization.of non-storm water discharges. Non-storm water discharges and the BNFs appropriate for their control must be described in the SWPPP. Wherever feasible,,alternatives which do not result in discharge of nonstorm water shall be implemented in accordance with Section A.9. of the SWPPP requirements. 4. All dischargers shall develop and implement a monitoring program and reporting plan in accordance with Section B: Monitoring Program and Reporting Requirements. 5. All dischargers shall comply with the lawful requirements of municipalities, counties,drainage districts,_and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under their jurisdiction,including applicable requirements in municipal storm water . management programs developed to comply with NPDES permits issued by the RWQCBs to local agencies. 6. All dischargers shall comply with the standard provisions and reporting requirements contained in Section C: Standard Provisions. I The discharger may terminate coverage for a portion of the project under this General Permit when ownership of a portion of this project has been transferred or when.a phase within this multi-phase project has been completed. When ownership has transferred,the discharger must submit to its RWQCB a Change of Information Form.(COI)Attachment 4 with revised site map and the name, address and telephone number of the new owner(s).Upon transfer of title, the discharger should notify the new owner(s)of the need.to obtain coverage under this General Permit. The new owner must comply with provisions of Sections A. 2. (c) and B. 2. (b)of this General Permit. To terminate coverage for a portion of the project when a phase has been completed, the discharger must submit to its RWQCB a . COI with a revised map that identifies the newly delineated site. 8. The discharger may terminate coverage under this General Permit for a complete. project by submitting to its RWQCB a Notice of Termination Form (NOT), and the post-construction BMPs plan according to Section A.10 of this General 5 Permit: Note that a construction project is considered complete only when all portions of the site have been transferred-to a new owner;or the following conditions have been met: a. There is no potential for construction related'storm water pollution, b. All elements of the SWPPP have been completed, C. Construction materials and waste have been disposed of properly, d. The-site is in with all local storm water management requirements,and e. A post-construction storm water management plan is in place as described in the site's SWPPP. - 9. This General Permit expires five years from the date of adoption. D. REGIONAL WATER QUAIXTY CONTROL BOARD(RWQGB)AUTHORTTIFrS: 1. RWQCBs shall: a. Implement the provisions of this General Permit. Implementation of this . General Permit may include,but is not limited to requesting the submittal' of SWPPPS,reviewing SWPPPs,reviewing monitoring reports,, conducting compliance inspections,and taking enforcement actions. b. Issue permits as they deem appropriate to individual dischargers, categories of dischargers,or dischargers in a geographic area. Upon issuance of such permits by a RWQCB,the affected dischargers shall no longer be regulated by this General Permit. 2. RWQCBs may require,on a case-by-case basis,the inclusion of an analysis of potential downstream impacts on receiving waterways due to the permitted construction. 3. RWQCBs may provide information to dischargers on the development and implementation of SWPPPs and monitoring programs and may require revisions to SWPPPs and monitoring programs. 4. RWQCBs may require dischargers to retain records for more than three years. 5. RWQCBs may require additional monitoring and reporting program requirements including sampling and analysis of discharges to water bodies listed in 6 Attachment -3 to this permit. Additional requirements imposed by the RWQCB should be consistent with the overall monitoring effort in the receiving waters. 6. RWQCBs may issue individual NPDES permits for those construction activities found to be ineligible for coverage under this permit. CERTIFICATION The undersigned,Administrative Assistant to the Board,does hereby certify that the foregoing is a full,true,and correct copy of an order duly and regularly,:adopted at a meeting of the State Water Resources Control Board held on August 19, 1999. AYE: James M. Stubchaer Mary Jane Forster John W. Brown Arthur G. Baggett,Jr. NO: None ABSENT: None ABSTAIN: None h f% rl*,% Marchd A Assistant to the Board SECTION A: STORM WATER POLLUTION PREVENTION PLAN I. Obiectives A Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented. to address the specific circumstances for each construction site covered by this General Permit. The SWPPP shall be certified in accordance with the signatory requirements of section C,Standard Provision for Construction Activities(9). The SWPPP shall be developed and amended or revised, when necessary, to meet the following objectives: a Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with construction activity(storm water discharges) from the construction site,and b. Identify non-storm water discharges,-and c Identify,construct,implement in accordance with a time schedule,and maintain Best Management Practices(BMPs)to reduce or eliminate pollutants in storm water discharges and authorized nonstorm water discharges from the construction site during construction,and d Develop a maintenance schedule for BMPs installed during construction designed to reduce or eliminate pollutants after construction is completed(post- construction BMPs). 2.. Implementation Schedule a. For construction activity commencing on or after adoption of this General Permit, the SWPPP shall be developed prior to the start of soil-disturbing activity in accordance with this Section and shall be implemented concurrently with commencement of soil-disturbing activities. b. Existing permittees engaging in construction activities covered under the terms of the previous General Construction Permit SWPPP(WQ Order No.92-08-DWQ) shall continue to implement their existing SWPPP and shall implement any necessary revisions to their SWPPP in accordance with this Section of the General Permit in a timely manner, but in no case more than 90-calender days from the date of adoption of this General Permit. c. For ongoing construction activity involving a change of ownership of property, the new owner shall review the existing SWPPP and amend if necessary, or develop a new SWPPP within 45-calender days. 8 3. Availability The SWPPP shall remain on the construction site while the site is under construction during working hours,commencing with the initial construction activity and ending with termination of coverage under the General Permit. 4. Required Changes a. The discharger shall amend the SWPPP whenever there is a change in construction or operations which may affect the discharge of pollutants to surface waters,ground waters, or a municipal separate storm sewer system(MS4). The SWPPP shall also be amended if the discharges violates any condition of this General Permit or has not achieved the general objective of reducing or eliminating pollutants in storm water discharges. If the RWQCB determines that. the discharger is in violation of this General Permit,the SWPPP-shall be amended and implemented in a timely manner, but in no case more than 14-calendar days after notification by the RWQCB. All amendments should be dated and directly attached to the SWPPP. b. The RWQCB or local agency with the concurrence of the RWQCB may require the discharger to amend the SWPPP. 5. Source Identification The SWPPP shall include: (a)project information and(b)pollutant source identification combined with an itemization of those BMPs specifically chosen to control the pollutants listed. a. Project Information (1) The SWPPP shall include a vicinity map locating the project site with respect to easily identifiable major roadways,geographic features, or landmarks. At a minimum,the map must show the construction site perimeter,the geographic features surrounding the site,and the general topography. (2). The SWPPP shall.include a site map(s) which shows the construction project in detail, including the existing and planned paved areas and buildings. (a) Ata minimum, the map must show the construction site perimeter; existing and proposed buildings, lots, roadways, storm water collection and discharge points; general topography both before and.after construction; and the anticipated discharge location(s) 9 where the storm water from the construction site discharges to a municipal storm sewer system or other water body. (b) The drainage patterns across the project area must clearly be shown on the map, and the map must extend as far outside the site. perimeter as necessary to illustrate the relevant drainage areas. Where relevant drainage areas are too.large to depict on the map, map notes or inserts illustrating the upstream drainage areas are sufficient. (c) Temporary on-site.drainages to cavy concentrated flow shall be selected to.comply with local ordinances,to control erosion, to return flows to their natural drainage courses,and to prevent 'damage to downstream properties. 3. Information presented in the SWPPP may be represented either by narrative or by graphics. Where possible;narrative descriptions should be plan notes.Narrative descriptions which'do-not lend themselves to plan notes can be`contained in.a separate document which must be referenced on the plan. b. Pollutant Source and BMP Identification The SWPPP shall include a description of potential sources which are likely to add pollutants to storm water discharges or which may result in nonstorm water discharges from the construction site. Discharges originating from off-site which. flow across or through areas disturbed by construction that may contain pollutants should be reported to the RWQCB. The SWPPP shall: (1) Show drainage patterns and slopes anticipated after major grading activities are completed. Runoff from off-site areas should be prevented from flowing through areas that have been disturbed by construction unless appropriate conveyance systems are in place. The.amount of anticipated storm water run-on must be considered to determine the appropriateness of the BMPs chosen. Show all calculations for anticipated- storm nticipatedstorm water run-on, and describe all BMPs implemented to divert off-site drainage described in section A. 5 a. (2) (c) around or through the construction project. (2) Show the drainage patterns into each on-site storm water inlet point or receiving water.-Show or describe the BMPs that will protect operational storm water inlets or receiving waters from contaminated discharges other than sediment discharges, such as, but not limited to: storm water with 10 elevated pH levels from contact with soil amendments such as lime or gypsum; slurry from sawcutting of concrete or asphalt ;washing of exposed aggregate concrete; concrete rinse water; building washing operations; equipment washing operations; minor street washing associated with street delineation;and/or sealing and paving activities occurring during rains. (3) Show existing site feau=-that,as a insult of known..past usage, may contribute pollutants to storm water,(e.g.;toxic.-materials that are known to have been treated,stored,disposed,spilled,or.leakod onto the construction site). Show or describe the BMPs implemented to minimize the exposure of storm water to.contaminated soil or toxic materials. (4) Show auras designated for.the(a)storage of soil or waste,(b)vehicle storage and'service•areas;(c)consmiction material loading,unloading, and access areas, (d)equipment storage,cleaning,and maintenance areas. (5) Describe the BMPs for control of discharges from waste handling and. disposal areas and methods of on-site storage and disposal of construction materials and construction waste. Descn'be the BMPs designed to minimize or eliminate the exposure of storm water to construction materials,equipment,vehicles, waste storage areas,or service areas. The BMPs described shall be in compliance with Federal; State,and local laws_, regulations,and ordinances. (6) Describe all post-construction BMPs for the project,and show the location of each BMP on the map. (Post-construction BMPs consist of permanent features designed to minimize pollutant discharges,including sediment, from the;site after construction has been completed.) Also,describe the agency or parties to be the responsible party for long-term maintenance of these BMPs. C. Additional Information (1) The SWPPP shall.include a narrative description of pollutant sources and BMPs that cannot be adequately communicated or identified on the site map. In addition, a narrative description of pmeonstruction control practices (if any) to reduce sediment and other pollutants in storm water discharges shall be included. (2) The SWPPP shall include an inventory of all materials used and activities performed during construction that have the potential to contribute to the discharge of pollutants other than sediment in storm water. Describe the BMPs selected and the basis for their selection to eliminate or reduce these pollutants in the storm water discharges. 11 ' (3) The SWPPP shall include the following information regarding the construction site surface area: the size(in acres or square feet), the runoff coefficient before and after construction, and the percentage that is impervious (e.g.,paved,roofed,etc.) before and after construction. (4) The SWPPP shall include a copy of the NOI, and the Waste Discharge Identification(WDID)number..Should a.WDID number not be received from the SWRCB!at the time construction commences,the discharger shall•inchide proof of mailing of the-NOL e.g.,certified mail receipt,copy of check,•express mail reoelpt,etc. (5) The SWPPP shall include a construction activity schedule which describes all major activities such as mass grading,paving,lot or parcel improvements at the site and the proposed time frame to conduct those activities (6) The SWPPP shall list the name and telephone number of the qualified person(s)who have been assigned responsibility for prestorm,poststorm, and stoma event BMP inspections;and the qualified person(s)assigned responsilli ity to ensure full complianceAviith the permit and- on of all elements of the SWPPP,including the preparation of the annual compliance evaluation and the'elimination of all unauthorized discharges. 6. Erosion Control Erosion control, also referred to as"soil stabilization"is the most effective way to retain soil and sediment on the construction site. The most efficient way to address erosion control is to preserve existing vegetation where feasible,to limit disturbance,and to stabilize and revegetate disturbed areas as soon as possible after grading or construction_ Particular attention must be paid to large mass-graded sites where the potential for soil exposure to the erosive effects of rainfall and wind is great. Mass graded construction sites may be exposed for several years while the project is being built out. Thus, theie is potential for significant sediment discharge from the site to surface waters. At a minimuin, the dischargerloperator must implement an effective combination of erosion and sediment control on all disturbed areas during the rainy season. These disturbed areas include rough graded roadways, slopes, and building pads. Until permanent vegetation is established, soil cover is the most cost-effective and expeditious method to protect soil particles from detachment and transport by rainfall. Temporary soil stabilization can be the single-most important factor in reducing erosion at construction sites. The discharger shall consider measures such as: covering with mulch, temporary seeding, soil stabilizers, binders, fiber rolls or blankets, temporary vegetation. permanent seeding, and a variety of other measures. 12 The SWPPP shall include a description of the erosion control practices, including a time schedule, to be implemented during construction to minimize erosion on disturbed areas of a construction site. The discharger must consider the full range of erosion control BMPs. The discharger must consider any additional site-specific and seasonal conditions when selecting and implementing appropriate BMPs. The above listed erosion control measures are.examples of what should be considered and are not exclusive of new or innovative approaches currently available or.being developed. a. The SWPPP shall include: (1) An outline of the areas of vegetative soil cover or native vegetation onsite which will remain undisturbed during the construction project. (2) An outline of all areas of-soil disturbance'including cut or fill areas which will be stabilized during the rainy season by temporary or permanent erosion control measures,such.as seeding,mulch;or blankets,etc. (3). An-outline of the areas of soil disturbance,cut,or fill which will be.left exposed during any pact of the rainy season,representing areas of potential soil erosion where sediment control BMPs are required to be used during construction. (4) A proposed schedule for the implementation-of erosion control measures. b. The SWPPP shall include a description of the BMPs and control practices to be used for both temporary and permanent erosion control measures. C. The SWPPP shall include a description of the BMPs to reduce wind erosion at all times, with particular attention-paid to stock-piled materials. 7. Stabilization (1) All disturbed areas of the construction site must be stabilized. Final stabilization for the purposes of submitting a NOT is satisfied when: -All soil,disturbing activities are completed AND EITHER OF THE TWO FOLLOWING CRITERIA ARE MET: -A uniform vegetative cover with 70 percent coverage has been established OR: -equivalent stabilization measures have been employed. These measures include the use of such BMPs as blankets, reinforced 13 channel liners, soil cement, fiber matrices, geotextiles,or other erosion.resistant soil coverings or treatments. (2) Where background native vegetation covers less than 100 percent of the surface, such as in and areas, the 70 percent coverage criteria is adjusted as follows: If the native vegetation covers 50 percent of the ground. surface, 70 percent of 50 percent(.70 X .50=.35) would require35 percent total uniform surface coverage. 8. Sediment Control The SWPPP shall include a description or illustration of BMPs which will be implemented to prevent a net increase of sediment load in storm water dischhrge relative to preconstruction levels. Sediment control BhVs are required at appropriate locations along the site perimeter and at all operational internal inlets to the storm drain.system at all times during the rainy season.. Sediment control practices may include filtration devices and barriers(such as fiber rolls,silt fence, straw bale barriers,and gravel inlet filters) and/or settling devices(such as sediment traps or basins). Effective filtration devices,barriers,and settling devices shall be selected,installed and maintained properly. A proposed schedule for deployment of sediment control BMPs shall be included in the SWPPP'. These ane the most basic measures to prevent sediment from leaving the project site and moving into receiving waters. Limited exemptions may be authorized by the RWQCB when work on active areas precludes the use of sediment control BMPs temporarily. Under these conditions,the SWPPP must describe a plan.to establish perimeter controls prior to the onset of rain. During the nonrainy season,the discharger is responsible for ensuring that adequate sediment control materials are available to control sediment discharges at the downgrade perimeter and operational inlets in the event of a predicted storm The discharger shall consider a full range of sediment controls, in addition to the controls listed above,such as straw bale dikes,earth dikes,brush barriers,drainage swales,check dams,subsurface drain, sandbag dikes, fiber rolls,or other controls. At a minimum,the discharger/operator must implement an effective combination of erosion and sediment control on all disturbed areas during the rainy season. If the discharger chooses to rely on sediment basins for treatment purposes,sediment basins shall, at a minimum,be designed and maintained as follows: Option 1: Pursuant to local ordinance for sediment basin design and maintenance, provided that the design efficiency is as protective or more protective of water quality than Option 3. OR 14 Option 2: Sediment basin(s), as measured from the bottom of the basin to the principal outlet, shall have at least a capacity equivalent to 3,600 cubic feet of storage per acre draining into the sediment basin. The length of the .basin shall be more than twice the width of the basin. .The length is determined by measuring the distance between the inlet and the outlet; and the depth must not be less than three feet nor greater than five feet for safety reasons and for maximum efficiency. OR Option 3: Sediment basin(s)shall be designed using the standard equation: As=1.2Q1Vs. Where: As is the minimum:surface anew for trapping soil particles of a certain size;Vs is the settling velocity of the design particle size chosen; and.Q=C x I x A where Q is the discharge rate measured in cubic feet per second;C is the runoff coefficient;I is the precipitation intensity for the 10-year,6-hour rain event and A is-the area draining into the sediment basin in acres. The design particle size shall be the smallest soil grain size determined by wet.sieve analysis,or the fine silt sized(0.01mm)particle, and the Vs used shall be 100 percent of the.calculated settling velocity. The length is determined by measuring the distance between the inlet and the outlet;the length shall be more than twice the dimension as the width; the depth shall not be less than three feet nor greater than five feet for safety reasons and for maximum efficiency(two feet of storage,two feet of capacity). The basin(s) shall be located on the site where it can be maintained on a year-round basis and shall be maintained on a schedule to retain the two feet of capacity; OR Option a: The use of an equivalent surface area design or equation,provided that the design efficiency is as protective or more protective of water quality than Option 3. A sediment basin shall have a means for dewatering within 7-calendar days following a storm event. Sediment basins may be fenced if safety(worker or public) is a concern. The outflow from a sediment basin that discharges into a natural drainage shall be provided with outlet protection to prevent erosion and scour of the embankment and channel. 15 The discharger must consider any additional site-specific and seasonal conditions when selecting and designing sediment control BMPs. The,above listed sediment control measures are examples of what should be considered and are not exclusive of new or innovative approaches currently available or being developed. The SWPPP shall include a description of the BMPs to reduce the tracking of sediment onto public or private roads at all times. These public and private roads shall be inspected and cleaned as necessary. Road cleaning BMPs shall be discussed in the SWPPP and will not rely on the washing of accumulated.sediment or silt into the storm drain system. 9. Non-Storm Water Management Describe all non-storm water discharges to.receiving waters that are proposed for the construction project. Non-storm water discharges should be eliminated or zeduced to the extent feasible. Include the locations of such discharges and descriptions of all BMPs designed for the control of pollutants in such discharges. Onetime discharges shall be monitored during the time that such discharges are occurring. A qualified person should be assigned the responsibility for ensuring*that no materials other than storm water are discharged in quantities which will have-ari adverse effect on receiving waters or storm drain systems(consistent with BAT/BCT),and the name and contact number of that person should be included in the-SWPPP document. Discharging sediment-laden water which will cause or contribute to an exceedance of the' applicable RWQCB's Basin Plan from a dewatering site or sediment basin into any receiving water or storm drain without filtration or equivalent.treatment is prohibited. 10. Post-Construction Storm Water Management The SWPPP shall include descriptions of the BMPs to reduce pollutants in storm water discharges after all construction phases have been completed at the site(Post- Construction BMPs). Post-Construction BMPs include the minimization of land disturbance, the minimization of impervious surfaces,treatment of storm water runoff using infiltration,detention/retention, biofilter BMPs,use of efficient irrigation systems, ensuring that interior drains are not connected to a storm sewer system,and appropriately designed and constructed energy dissipation devices. These must be consistent with all local post-construction storm water management requirements, policies.and guidelines. The discharger must consider site-specific and seasonal conditions when designing the control practices. Operation and maintenance of control practices after construction is completed shall be addressed, including short-and long-term funding sources and the responsible party. 16 11. Maintenance, Inspection, and Repair The SWPPP shall include a discussion of the program to inspect and maintain all BUN as identified in the site plan or other narrative documents throughout the entire duration of the project. A qualified person will be assigned the responsibility to conduct inspections. The name and telephone number of that person shall be listed in the SWPPP document.Inspections will be performed before and after storm events and once each 24-hour period during extended storm events to identify BMP effectiveness and implement repairs or design changes as soon as feasible depending upon field conditions. Equipment,materials,and workers must be available for rapid.response`to failures and. emergencies. All corrective maintenance to BMPs shall be'pdfd med as soon'as possible after the conclusion.of each storm depending upon worker safety. For each inspection required above,the discharger shall complete an inspection checklist. At a minimum,an inspection checklist shall include: a. Inspection date. b. Weather information: best estimate of beginning of storm event,duration of event, time elapsed since last storm,and approximate amount of rainfall(inches). C. A description of any inadequate BMP.S. d. If it is possible.to safely access during inclement weather,list observations of all' BMPs: .erosion controls, sediment controls,chemical and waste controls, and non-storm water controls. Otherwise,list result of visual inspection at relevant outfall,discharge point,or downstream location and projected required maintenancef activities. e. Corrective actions required,including any changes to SWPPP necessary and implementation dates. f. Inspectors name, title, and signature. The dischargers shall prepare their inspection checklists using the inspection checklist form provided by the SWRCB or RWQCB or on forms that contain the equivalent information. 12. Training Individuals responsible for SWPPP preparation, implementation, and permit compliance shall be appropriately trained, and the SWPPP shall document all training. This includes those personnel responsible for installation, inspection, maintenance, and repair of BMPs. Those responsible for overseeing, revising, and amending the SWPPP shall also document their training. Training should be both formal and informal, occur on an 17 ongoing basis when it is appropriate and convenient, and should include training/workshops offered by the SWRCB, RWQCB, or other locally recognized agencies or professional organizations. 13. List of Contractors/Subcontractors The SWPPP shall include a list of names of:all contractors, (or subcontractors)and individuals responsible for implementation of the SWPPP. .This list should include telephone numbers and addresses. Specific areas of responsibility of each subcontractor and einergency contact numbers should also be included 14. Other Plans This SWPPP may incorporate by.referenee'the appropriate elements of other plans required by local,State, or Federal agencies. A copy of any requirements incorporated by reference shall be kept at the construction site. 15. Public Access The SWPPP shall be provided,upon request,to the RWQCB. The SWPPP.is considered a report that shall be available to the public by the RWQCB under section 308(b)of the Clean Water Act 16.. Prepaner Certification The SWPPP and each amendment shall be signed by the landowner(discharger)or his representative and include the date of initial preparation and the date of each amendment. SECTION B: MONITORING PROGRAM AND REPORTING REQUIREMENTS 1. Required Changes The RWQCB may require the discharger to conduct additional site inspections, to submit reports and certifications, or perform sampling and analysis. 2. Implementation a. The requirements of this Section shall be implemented at the time of commencement of construction activity (see also Section A. 2. Implementation Schedule): The discharger is responsible for implementing these requirements until construction activity is complete and the site is stabilized. b. For ongoing construction activity involving a change in ownership of property covered by this General Permit, the new owner must complete a NOI and la implement the requirements of this Section concurrent with the change of ownership. For changes of information, the owner must follow instructions in C.7. Special Provisions for Construction Activity of the General Permit. 3. Site Inspections Qualified personnel shall conduct inspections of the construction site prior to anticipated storm events, during extended storm events,and after actual storm.events to identify areas contributing to a discharge of storm water associated with construction activity. The name(s)and contact number(s)of the assigned inspection personnel shall be listed in the SWPPP. Pre-storm inspections are to ensure that BMPs are properly installed and maintained;post-storm.inspections are to assure that the BMWs have functioned adequately.During extended storm events,inspections shall be sequined tach 24-1hour period. Best Management Practices(BMPs)shall be evaluated for adequacy and proper implementation and whether additional BWs are required in accordance with the terms of the General Permit(see language in Section A. 11.Maintenance,Inspection,and Repair). Implementation of nonstorm water discharge BMWs shall be verified and their effectiveness evaluated.. One time discharges of non-storm water shall be inspected when such discharges occur. . 4. Compliance Certification Each discharger or qualified assigned personnel listed by name and contact number in the SWPPP must certify annually that.construction activities are in compliance with the requirements of this General Permit and the SWPPP. This Certification shall be based upon the site inspections required in Item 3 of this Section. The certification must be completed by July 1 of each year. 5. Noncompliance Reporting Dischargers who cannot certify compliance,in accordance with Item 4 of this Section and/or who have had other instances of noncompliance excluding exceedances of water quality standards as defined in section B. 3.Receiving Water.Limitations Language, shall notify the appropriate RWQCB within 30 days. Corrective measures should be implemented immediately following discovery that water quality standards were exceeded. The notifications shall identify the noncompliance event, including an initial assessment of any impact caused by the event; describe the actions necessary to achieve compliance; and. include a time schedule subject to the modifications by the RWQCB indicating when compliance will be achieved. Noncompliance notifications must be submitted within 30-calendar days of identification of noncompliance. 19 6. Monitoring Records Records of all inspections,compliance certifications, and noncompliance reporting must be retained for a period of at least three years from the date generated. With the exception of noncompliance reporting,dischargers are not required to submit these records. SECTION C: STANDARD PROVISIONS FOR CONSTRUCTION ACTIVITY . 1. Duty to Comvly The discharger must comply with all of the conditions of this General Permit. Any permit noncompliance constitutes a violation of the Clean Water Act(CWA) and the Porter-Cologne Water.Quality Control Act and-is grounds for enforcement action and/or removal from General Permit coverage:_ The discharger shall comply with effluent standards or prohibitions established under Section 307(a)of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions,even if this General Permit has not yet been modified to incorporate the requirement. 2. General Permit Actions This General Permit may be modified,revoked-and reissued,or terminated for cause. The.filing of a request by the discharger for a General Permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not annul any General Permit condition. If any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition)is promulgated under Section 307(a)of the CWA for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this General Permit, this General Permit shall be modified or'revoked and reissued to conform to the toxic effluent standard or prohibition and the dischargers so notified. 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this General Permit. 20 4. Duty to Mitigate The discharger shall take all responsible steps to minimize or prevent any discharge in violation of this General Permit, which has a reasonable likelihood of adversely affecting human health or the environment. 5. Proper Operation and Maintenance The discharger shall at all times properly operate and maintain any facilities and systems of treatment and control(and related appurtenances)which are installed or used by the discharger to achieve compliance with the conditions of this Coal Permit and with the requirements of Storm Water Pollution Prevention Plans(SWPPP). Proper operation and maintenance also includes adequate laboratory controls and appropriate.quality assurance procedures. Proper operation and maintenance.may.requiretheoperation of backup or auxiliary facilities or similar systems installed by a discharger when necessary to achieve compliance with the.conditions of this General Permit. 6. Property Rights This General Permit does not convey any property rights of any sort or any exclusive privileges,nor does it authorize any injury.to private property or any invasion of personal rights,nor does it authorize any infringement of Federal,State, or local laws or regulations. 7. Duty to Provide Information The discharger shall furnish the RWQCB, State Water Resources Control Board, or' USEPA,within a reasonable time,any requested information to determine compliance with this General Permit. .The discharger shall also furnish,upon request,copies of records required to be kept by this General Permit. 8. Inspection and Entry The discharger shall allow the RWQCB,SWRCB,USEPA, and/or,in the case of construction sites which discharge through a municipal separate storm sewer, an authorized representative of the municipal operator of the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the discharger's premises at reasonable times where a regulated construction activity is being conducted or where records must be kept under the conditions of this General Permit; b. Access and.copy at reasonable times any records that must be kept under the conditions of this General Permit; 21 C. Inspect at reasonable times the complete construction site,-including any off-site staging areas or material storage areas, and the erosion/sediment controls; and d. Sample or monitor at reasonable times for the purpose of ensuring General Permit compliance. 9. Signatory Requirements a. All Notice of Intents(NOIs),Notice of Terminations(MOTs), -SWPPPs, certifications,and reports prepared in accordance with this Order submitted to the SWRCB shall be signed as follows: ' .zi (1) For a corporation: by a responsible corporate-officer. For the purpose of this Section,a responsible corporate officer means; (a)a president, secretary, treasurer,or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision-making functions for the corporation, or(b)the manager of the construction activity if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State,Federal, or other public agency: by either a principal executive officer,ranking elected official,or duly authorized representative. The principal executive officer of a Federal agency includes the chief executive officer of the agency or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.,Regional Administrator of USEPA). . b. All SWPPPs,reports, certifications,'or other information required by the General Permit and/or requested by the RWQCB,SWRCB,USEPA;or the local storm. water management agency shall be signed by a person described above or by a duly authorized representative. A person is a duly authorized representative if: (1) The authorization is made in writing by a person described above and retained as part of the SWPPP; or 22 (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the construction activity, such as the position of manager, operator, superintendent,or position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). C. If an authorization is.no longer accurate because a different individual or position has responsibility forthe overall operation of the construction activity,a new authorization must be attached to the SWPPP prior to submittal of any reports, information,or certifications to be signed by the authorized representative. 10. Certification Any person signing documents under Section C,Provision 9 above,shall make the following certification:. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information,to the best of my knowledge and belief, the information submitted is,true, accurate,and complete. I am aware that there are significant penalties for submitting false information,including the,possibility of fine and imprisonment for knowing violations." 11. Anticipated Noncompliance The discharger will give advance notice to the RWQCB and local storm water management agency of any planned changes in.the construction activity which may result in noncompliance with General Permit requirements. 12. Penalties for Falsification of Reports Section 309(c)(4)of the CWA provides that any person who knowingly makes any false material statement,representation, or certification in any record or other document submitted or required to be maintained under this General Permit, including reports of compliance or noncompliance shall upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than two years or by both.'' 23 13. Oil and Hazardous Substance Liability Nothing in this General Permit shall be construed to preclude the institution of any legal action or relieve the discharger from any responsibilities, liabilities,or penalties to which the discharger is or may be subject to under Section 311 of the CWA. 14. Severability The provisions of this General Permit are severable; and, if any provision of this General Permit or the application of any provision of this General Permit to any circumstance is held invalid,the application of such provision to ottier circumstances and the remainder of this General Permit shall not be affected thereby. 15. Reopener Clause This General Permit may be modified,revoked and reissued,or terminated for cause due to promulgation of amended regulations,receipt of USEPA guidance concerning regulated activities,judicial decision,or in accordance with 40-Code of Federal Regulations(CFR) 122.62, 122.63, 122.64, and 124.5. 16. Penalties for Violations of Permit Conditions a. Section 309 of the CWA provides significant penalties for any person who violates a permit condition implementing Sections 301,302,306,307, 308,318, or 405 of the CWA or any permit condition or limitation implementing any such section in a permit issued under Section 402. Any person who violates any permit condition of this General Permit-is subject to a civil penalty not to exceed$27,500 j per calendar day of such violation, as well as any other appropriate sanction provided by Section 309 of the CWA. b. The Porter-Cologne Water Quality Control Act also provides for civil and criminal penalties which in some cases are greater than those under the CWA. 17. Availability A copy of this General Permit shall be maintained at the construction site during construction activity and be available to operating personnel. 18. Transfers This General Permit is not transferable. A new owner of an ongoing construction activity must submit a NOI in accordance with the requirements of this General Permit to be authorized to discharge under this General Permit. An owner who sells property covered by this General Permit shall inform the new owner of the duty to file a NOI and shall provide the new owner with a copy of this General Permit. 24 19. Continuation of Expired Permit This General Permit continues in force and effect until a new General Permit is issued or the S WRCB rescinds this General Permit. Only those dischargers authorized to discharge under the expiring General Permit are covered by the continued General Permit. 25 Attachment 1 SWRCB AND RWQCB CONTACT LIST STATE WATER RESOURCES CONTROL BOARD Division of Water Quality Attention:Storm Water Permit Unit P.O.Box 1977 Sacramento,CA 95812-1977 (916)657-1146 FAX:(916)657-1011 Contact:Bruce Fq tmoto WM COAST REGION SS7 CENTRAL VALLEY REGION 6V)LAHONTAN REGION Skylane Boulevard,Suite A Sacrsmmw Office Vietorville Office Rasa,CA 95403 3443 Roeder road,Suite A 15428 Civic Drive,Suite 100 ads Nathan Quarles Sacaamento,CA.9SM-3098 Victervilie,CA 92392 576-2220 FAX:(707)523-0135 Contac: Leo Sarmiento Cotngtc: Jebiel Cass L- quam®rb(swtebca.gov (916)255.3049 FAX(916)255-3015 (760)241-7377 FAX:(760)241-7308 Email• sarnded0irb5s.swtcb.ca.gov Email: jcass0rb6vswtcb.ca gov N FRANCISCO BAY REGION So CENTRAL VALLEY REGION. 7) COLORADO RIVER BASIN REGION Qty Street,Suite 1400 Fresno Branch Office 73-720 Fired Waring Drive,Suite 100 ad.CA 94612 3614 East Ashlan Avenue Palm Desert,CA 92260 teb Gayleen Pesriera Fresoo.CA 93726 Contac: Abd Haile 622-2407 FAX:(510)622-2460 Contac: Jarma Bennett(Tulare do Kern Counties) (760)776,8935 FAX:(760)341-6820 gp49rb2swrr b.a.gnv (559)445-5919 FAX:(559)445-5910 Email: hst7a49sb7swrcb.ca.gov Emar7 bermeuf&rb5fswrcb.cagov Contact: Rosalyn Hearing Conran: Greg Kelly(Madera,Mariposa,Merced. (760)241-7364 FAX:(760)341-6820 Ftesao,&Kings Counties) Email: 11emr0rb7.swrcb.ca.gov (559)445-5500 FAX:(559)445-5910 Email: kellyg0rb5fswrcb.cagov NTRAL COAST REGION 5R)CENTRAL VALLEY REGION 8)SAMA ANA REGION peers Street,Suite 200 Redding Branch Office 3737 Main Street,Suite 500 nis Obispo.CA 93401-5427 415 Krtollci est Drive Riverside.CA 92501-3339 rets Jennifer Bitting Redding,CA 96002 Contac- Mkbad Roth(Riverside County) 549-3147 FAX:(805)543-0397 Contact: Carole Crowe (909)320-2027 FAX:.(909)781-6.288 jbitdng@rb3mwcb.ca.gov (530)224-4849 FAX:(530)2244857 Email: mroth0rb8.swrcb.ca gov . Email: crowec@rb5r.swrcb.ca gov Contac Mark Smythe(Orange County) (909)782-4998 FAX:(909)781-6288 Email: mtmydw@rb8.swrcb cagov Coact: Bob Whitaker(San Bernadino County) (909)782-4993 FAX:(909)781-6288 Email: bwhitake@rb8.swtcb.cagov S ANGELES REGION 6SLT)LAHONTAN REGION 9)SAN DIEGO REGION t.4th Street,Suite 200 South Lake Tahoe Office 9771 Clairemont Mesa Boulevard,Suite A ageles,CA 90013 2501 lake Tahoe Boulevard San Diego,CA 92124 at: Wayne CWou(Inland Los Angles) South Lake Tahoe,CA 96150 Contact: Jane Ledford 576-6664 FAX:(213)576=6686 Contact: Chris Adair. (619)467-3272 FAX:(619)571-6972 wchiou@rb4swrcb.ca.gov (530)542-5433 FAX:(530)544-2271 Email: ledfj@rb9.swrcb.ca.gov ct: Mark Pumford(Ventura County) Email: adaic@rb6s.swrcb.ca gov 576-6657 FAX:(213)576-6686 mpumford @rb4.swrcb.ca.gov x: Carlos Umrnaga(Coastal) 576-6655 FAX(213)576-6686 C iagOrb4.swrcb.ca.gov i i NOTICE OF INTENT (NOI) TO COMPLY WITH.THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY GENERAL INSTRUCnONS Who Must Submit Discharges of storm water associated with construction that results in the disturbance of.five acres or more of land must apply for coverage under the General Construction Activities Storm Water Permit(General Permit). .Construction activity which is a part of a larger common area of development or sale must also-be permitted. .(Bor example,'if 4 acres of a 20-acre subdivision is disturbed by construction activities,and the remaining 16 acres is to be developed at a future date,the property owner must obtain a General Storm Water Permit for the 4-acre project). Construction activity includes, but is not limited to: clearing,grading,demolition,excavation, construction of new structures,and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. This includes construction access roads,staging auras,storage areas,stockpiles,and any off-site areas which receive run-off from the construction project such as discharge points into a receiving water. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. The owner of the land where the construction activity is occurring is responsible for obtaining a permit. Owners may obtain coverage under the General Permit by filing a NOI in accordance with,the following instructions. Coverage for construction activity conducted on easements(e.g., pipeline construction)or on nearby properties by agreement or permission,or by an owner or lessee of a mineral estate(oil,gas,geothermal,aggregate,precious metals, and/or industrial minerals)entitled to conduct the activities,shall be obtained by the entity responsible for the construction activity. Linear construction projects which will have construction activity occurring in one or more than one Region should contact the State Water Resources Control Board at the number listed below prior to submitting an NOI application for specific information related to the use of the NOI form. Construction Activity Not Covered By This General Permit Storm water discharges in the Lake Tahoe Hydrologic Unit will be regulated by a separate permit(s) adopted by the California Regional Water Quality Control Board, Lahontan Region, and will not be covered under the State Water.Resources Control Board's (SWRCB) General Permit. Storm water discharges on Indian Lands will be regulated by the U.S. Environmental Protection Agency. Where to Apply The NOI form, vicinity map, and appropriate fee must be mailed to the SWRCB at the following address: State Water Resources Control Board Division of Water Quality Attn: Storm Water Permit Unit P.O. Box 1977 Sacramento, CA 95812-1977 When to Ann1V Property owners proposing to conduct construction activities subject to this General Permit must file a Notice of Intent prior to the commencement of construction activity. Fees The annual fee is either$250 or$500 depending on the construction site location. See Enclosure 1 of the Permit to determine your fee. Checks should bemade payable to: SWRCB. Completing the Notice of Intent(NOI) The submittal to obtain coverage under the General Permit must include a completed NOI Form, (Notice of Intent, attached), a vicinity map, and the appropriate annual fee. The NOI must be completely and accurately filled out; the vicinity map and annual fee must be included with the NOI or the submittal is considered incomplete and will be rejected. A construction site is considered to be covered by the General Permit upon filing a complete NOI submittal, and implementation of a defensible Storm Water Pollution Prevention Plan(SWPPP). Upon receipt of a complete NOI submittal,each discharger will be'sent a receipt letter containing the waste. discharger's identification (WDID)number. Ouestions? If you have any questions on completing the NOI please call the SWRCB at (916)657-1146. 2 NOI-LINE-BY-LINE INSTRUCTIONS Please type or print when completing the NOI Form and vicinity map. SECTION I--NOI STATUS Mark one of the two boxes atth .top_portion.of the NOL Check.box 1 if the NOI is being completed for new construction. Check box 2 if the NOI is being submitted to report changes for a construction site already covered by the General Permit. An example of a change that warrants a resubmittal of the NOI is.a.change.of total atea.of the construction site.. The permit is non- transferable,a change of oanexsbip.requires.a Notice of Termination(NOTYsubmittal and a new NOL Complete only those portions of the NOI that apply to the changes(the NOI must always be signed). If box 2 is checked,the WDID number must be included. SECTION II--PROPERTY OWNER Enter the construction site owner's official or legal name and address; contact person(if other than owner),title,and telephone number. SECTION III—DEVE[APER/CONTRACTOR INFORMATION Enter the name of the developer's(or general contractor's)official or legal name,address, contact person,title,and telephone number. The contact person should be someone who is familiar with the construction site and is.responsible for compliance and oversight of the general permit. SECTION IV-CONSTRUCTION PROJECT INFORMATION Enter the project name,site address,county, city,(or nearest city if construction is occurring in an unincorporated area),zip code,and telephone number(if any)of the construction site. Include an emergency contact telephone or pager number. Construction site information should include latitude and longitude designations,tract numbers, and/or mile post markers,If applicable. The site contact person should be someone who is familiar with the project, site plans, SWPPP,and monitoring program. All NOIs must be accompanied by a vicinity map. Part A: ' Enter the total size in acres of all areas associated with construction activity, including all access roads. Part B: Enter the total size in acres of the area to be disturbed by construction activity and the percentage of the area listed in Part A above that this represents. Part C: Enter the percentage of the site that is impervious (areas where water cannot soak into the ground, such as concrete, asphalt, rooftops, etc.) before and after construction. Part D: Include tract numbers, if available. 3 Part E: Enter the mile post marker number at the project site location. Part F: Indicate whether the construction site is part of a larger common plan of development or sale. For example, if the construction activity is occurring on a two-acre site which is' within a development that is five acres or greater,answer yes. Part G: Enter the.name of the;development(e.g. "Quail Ridge Subdivision", "Orange Valley estates" eta.):. , , Part H: Indicate. when construction will.begin(month,day,year).. When a NOI is being stibmtted:due.to a change"in.ownership,the commencement date should.be.the date. the-new ownership took effect. Part E Indicate the percentage of the total project area to be mass graded. Part J: Enter the estimated completion dates for the mass grading activities and for.the project completion; Part K: Indicate the type(s)of construction taking place. For example,`Transportation"should . be checked for the construction:of roads;"Utility"should be-checked for installation of sewer,electric,or telephone systems. Include a description of the major construction activities,(e.g.,20 single family homes,a supermarket, an office building,a factory, etc.) SECTION V—BILLING ADDRESS To continue coverage under the General Permit, the annual fee must be paid. Indicate where the annual fee invoice should be mailed by checking one of the following boxes: Owner sent to the owners address as it appears in Section H. Developer/Contractor. sent to the developer's address as it appears in Section M. Other: sent to a different address and enter that address in the spaces provided. SECTION VI--REGULATORY STATUS Indicate whether or not the site is subject to local erosion/sediment control ordinances. Indicate whether the erosion/sediment control plan designed to comply with the ordinance addresses the construction of infrastructure and structures in addition to grading. Identify the name and telephone number of the local agency, if applicable. 4 SECTION VII--RECEIVING WATER INFORMATION Part A: Indicate whether the storm water runoff from the construction site discharges indirectly to waters of the United States,directly to waters of the United States, or to a separate storm drain system. Indirect discharges include discharges that may flow overland across adjacent properties or rights-of-way prior to discharging into waters of the United States. Enter the name of the owner/operator of the relevant storm drain system, if applicable. Storm water discharges directly to waters of the United States will typically have an outfall structure directly from the facility to a river,lake,creek,stream,bay,ocean, etc. Discharges to separate storm sewer systems are those that discharge to a collection system operated by municipalities,flood control districts,utilities,or similar entities. Part B: Enter the name of the receiving water. Regardless of point of discharge,the owner must determine the receiving water for the construction site's storm water discharge. Enter the name of the receiving water. SECTION VIII—IMPLEMENTATION OF NPDES PERMIT REQUIREMENTS Part A: Indicate the status of the SWPPP, date prepared, or availability for review. Also indicate if a tentative construction schedule has been included in the SWPPP (the inclusion of a construction activity schedule is a mandatory SWPPP requirement). Part B: Provide information concerning the status of the development of a monitoring program, a component of the SWPPP which outlines an inspection and maintenance schedule for the proposed Best Management Practices (BMPs). Provide name and phone number of Program preparer. Part C: Provide the name and phone numbers of the responsible party or parties designated to insure compliance with all elements of the General Permit and SWPPP. SECTION IX—VICINITY MAP AND FEE Provide a"to scale" or"to approximate scale" drawing of the construction site and the immediate surrounding area. Whenever possible, limit the map to an 8.5" x I P or 11" x 17 sheet of paper. At a minimum, the map must show the site perimeter, the geographic features surrounding the site, and general topography, and a north arrow. The map must also include the location of the construction project in relation to named streets, roads, intersections, or landmarks. A NOI containing a map which does not clearly indicate the location.of the construction project will be rejected. Do not submit blueprints unless they meet the above referenced size limits. 5 SECTION X--CERTIFICATIONS This section must be completed by the owner or signatory agent of the construction site*. The certification provides assurances that the NOI and vicinity map were completed in an accurate and complete fashion and with the knowledge that penalties exist for providing false information. Certification also requires the owner to comply with the provisions in the General Permit. * For a corporation: a responsible corporate officer(or authorized individual). For a partnership or sole proprietorship: a general partner or the proprietor, respectively. For a municipality, State, Federal, or other public agency: either a principal executive officer, ranking elected official, or duly authorized representative. 6 Attachment 2 . err:vwur R.eoi+ots CarkhW6oud NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION Ac1NITY(um ORDER No.9948-owci) L NOI STATUS SEE INSTRUCTIONS 7,uZZONE ITEM 1. ❑ New Cor>abudion 2 Cl Chmpe of Ildomudon for WDID# L PROPERTY OWNER HM Corded Pwson Tw Stab Zip Panne UL DEVELOPERICONTRACTOR INFORMATION Corded Person Addiaaa Title CIV Stall. Ztp Plrake IV `NSTRUCnON PROJECT INFORMATION fig .atM:t Nana Site Corded Person PayUvl AddreaafLoealion lagarde. Lormb de Cour* 0 0 Cl y(ar Muse C" ZIP Site Phone Ntmkbor Enterpenoy Phase Nknkber A TOM els of conMnribn alta area C. Paroatll d she kMwvbu uwn(aldlydkg rod"s): — — Acres D.Trail Number(s): Sabre CorwAcbon: % L To1s1 ane to be dawbod: Asea(%d bfal l Afkr corubucom % E.Moe Pod Marker.. b M emdneeon sfla pert d a farper ommw pin ddesdoprtrent or sale? G. Name of pion or development ❑ YES ❑ NO J. Prgeoted condrucbon data: K Conaiinso a oerralraroanarM tide: CorMkft grading: _I l CmPlate protect: / J L %d As b be meas graded: K Type of Consauollon(Check al that appw): 1. ❑ Reswom l 2 ❑ CWwwc.al 3. ❑ lndusbial ❑ Reconstnrcflon 5. ❑ Transportation a. ❑ (11ab Da.alptlnrk 7. ❑ oakar(Please List): V. SILLING INFORMATION ED:EVELCOLPER Name Canted Person ve)R Mailing Address PhonelFax oveCINtatlon at dam 1. REGULATORY STATUS A Has a local apuxeoy apWoved a required wosiontsedir nenl control pian?......................................_......._...---•—•--_.._..._........................................... ❑ YES ❑NO Doss the enomicc"�l ccnbcl plan address construction actlNtles such as kftstructu a and struepaesT— ._........ ............................... ❑ YES ❑ NO Named local agenq: Phone: S.s flus protect«any partfheceot,VA*d b conditions knposed under a CWA Section 404 pwnk d 401 waren Qrofb Certlfcatlon?...____.._._:....... ❑ YES O NO It ren.provide detaft L RECEIVING Wl�(TEfR IIiPO) IM11T10N A Does the tttotm wafer rwoif from the oww1ructlon ab dhdmpe to(Check all that apply): i. ❑` kidiraethl to watsa of the U.S. 2. ❑ "Storm•drain systanl-Enter owner's name: s ❑ 0_11M*'.2o waters of U.S.(e g..rtvsr.Wta,cock stream,bay,=M%W-) L Name of tsaivlhgmWer:.fuller lake,asek,•stfeam,bay..00eatl): IL IMPLEMENTATION OF-IPDES PE WIT-REQWREMENTS A. STORM WATER POLLUTION PREVENTION PLAN(SINPPP)(chid*one) ❑ A MAW has been pmpamd for this facility and is evadable for mwfew: lata Pngmed_r r_ lata Amended: ❑ A SVYPPP ttilll be prepered-asnd msdyfor review by.(~data):. r L 0 A tenU&4e sdnedele has•been Included In the SWPPP for activities such as,grading,sWd cons ruction,home wnshuction,etr- f owroRwa PROGRAM ❑ A nusalaoakg and moksareanoe sdudde imus been dovdWW eat kzk dna krpecdanef nee oombuefoo BMPa baba anecbaled alonarh am andanuir-kcal atom.eveds and is avahble for reviam N docked above:A quaffed pewon has bow aniprod el p, N ffib for preibnn and poswi m erW kaapeetiaro b Neral aasdiver 1 and Essen repsks cr dssiprt don9e —� _— _.......-•---•-- O YES ONO W.rrnc Plane: aPOWT COMPLIAME RESPONs ULFFY A qudrmd Paseo las bean assgned respons Wty b ensue pA oomplianoe with the Pernrt.and to krupkmerq of elements of the Stam water Pollution Preverdioe Plan kududkV 1. Paeparkq an annual oompiarae evska iorL....-.........._.._....___..__._—_......_............_.........._...._... _...._❑ YES ❑NO Name Phone: 2 ON erauelortted ......................_....._. ...___....._.._-._...._..r......._.._.�_._ __. ._._._❑ YES ❑110 L VICINITY MAP AND FEE must show ske location In fatetim to nearest named streets.intersections,etc.) you bdu00 a akJrrly map urkh ora subrrlleal?.__._.._._._..._.._................._..._.......... ........... 0YES 0 NO Have you included payment of the anneal tee wet tluis submittal?.................................................................._.._.-__-.............................. ❑ YES . ❑NO .CERTIFICATIONS °I eeftify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with. a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who.manage the system,or those persons.directly responsible for gathering the information,the information submitted Is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,tnduding the possibility of fine or Imprisonment. In addition,I certify that the provisions of the permit,including the development and implementation of a Storm Water Pollution Prevention Plan and a Monitoring Program Pian will be complied with." Pd ntwd!lame: tipnatune: Date: 2 ATTACHMENT 3 303d Listed Water Bodies for Sedimentation _ 1 MATTOLE RIVER _ 1100 Sediment on/ Iffa#lon 1 TRINITY-'RSR.S0UTH CORK 1100 Sedirnentq ion/Siltation 100 (gym tti errttxlion/. .�, on 1 MAD I .: 1100 Soon R,.° 1 ELK 1100 I.,. : tn1�. : . ... :n _ 1 EEL'Ri' ;SOUTI-i..FORK 1100 Sedlrnerrt�tlon/ wn 1 EEL.RAAERAORTH-FORK 1100 Secy rr ei fi tion/ lion 1 TRINIIYRNER 1:100 Sedim�on/Slttation 1 EEL RNER,-MIDDLE FORK 1100 Sedimentotlon/Sittcrtion 1 MAD RIVER 2500 Turbidity 1 TEN MILE RIVER 1100 Sedimentation/Siltation 1 NOYO'RIVER 1100 Secilmentation/Wation 1 BIG RIVER . 1100 Sedimentation/Sithation 1 ALBION RIVER 1100 Sedlmentation/SDtatlon _ 1 NAVARRO.RIVER 1100 Sedimentation/Siltation 1 GARCIA RIVER 1100 Sedimentation/Siltation 1 GUALALA RiVER 1100 Sedimentation/Siltation 1 RUSSIAN RIVER -- _ 1100 ! Sedimentation/Siltation 1 TOMKi CREEK 1100 Sedimentation/Siltation 1 VAN DUZEN RIVER- _ _ 1100 Sedimentation/Siltation 1 EEL RIVER DELTA _ 1100 i Sedimentation/Sittation 1 EEL RIVER, MIDDLE MAIN FORKS 1100 I Sedimentation/Slltation 1 ESTERO AMERiCANO _ 1100 Secilmentation/Siltation _ 1 NAVARRO RIVER DELTA_ 1100 j Sedimentation/Siltation _ UPPER MAIN FORK 1100_ Sedimentation/Sittatlon -1 1 EEL RIVER, _ _ 1 FRESHWATER CREEK 1100 Sedimentation/Siltation --1 i SCOTT RIVER - -1100 - - Sedimentation/Siltation i 2 TOMALES BAY 1100_ Sedlmentation/Siltation NAPA1100 - Sed_Imentation/Siltation _.........__._ ._,. ..... i 2 SONOMA CREEK 1100 Sedimentatlon/Siltation PETALUMA RIVER _1100 Se_dimentotlon/Siltation 2 LAGUNITAS CREEK 1100 Sedimentation/Siltation 2 WALKER CREEK 1100 Sedimentation/Siltation 2 SAN.G_REGORIO CREEK 1100 Sedimentation/Siltation 2 SAN FRANCISQUITO CREEK 1100 Sedimentation/Siltation 2 PESCADERO CREEK (REG 2) 1100 Sedimentation/Siltation . 2 BUTANO CREEK 1100 Sedimentation/Siltation 3 MORRO BAY 1100 Sedimentation/Siltation 3 SAN LORENZO RIVER ESTUARY 1100 Sedimentation/Siltation 3 SHINGLE MILL CREEK 1100 Sedimentation/Siltation 3 Sedimentation/Siltation MOSS LANDING HARBOR 1100 , 3 ;WA�TSONVILLE SLOUGH 1100 Sedimentation/Siltation i 3 SAN.LOrT�ENZO R1VER 1100 Sedimentation/Siltation 3 E4.I�MQ( - .SLOUGH ;.. 1100 Sedimentation/Siffa ion 3 I: SOON (NORTH) _ 1100 Sedlmentation/ _ : on 3 A- 9. .E T_IJARY _';_1100 Sedimentation/ on 3 � F ( L ESTERO 1100 Sedimentation/Son A, 3 . K. 1100 Sedimentation/mon 3 CCOJO�. LOUGH 1100 Sedimentation/Seta on 3 CIA-CREEK 1100 Sedimentation/88k0lon 3 -PA4UARO'RIVER 1100 Sedimentation/Siltation 3 RIDER GULCH CREEK 1100 Sedimentation/Sbation . 3 L{AGAS CREEK i 1100 Sedimentation/SQt+ation 3 SAN-BENITO RIVER 1100 Sedimentation/S11111tarfion 3 SAUNAS IVER ' 1100 Sedimentatlon/gU ation . 3 CHORRO CREEK 1100 Sedlmentrrtlon/Siltation 3 LOS OSOS CREEK i 1100 Sedimentation/Siltation 3 SANTAYNEZ RiVER 1100 Sedimenttrtion/Siffiation. 3 SAN ANTONIO CREEK (SANTA 1100 Sedimentation/Siltation ,BARBARA COUNTY) 3 CARBONERA CREEK _ 1100 j Sedimentation/Siifiatlon 3 SOQUEL LAGOON r 1100 Sedimentation/Siltation 3 F APTOS CREEK 1100 j Sedimentation/Siltation i 4 MUGU LAGOON 1100 Sedimentation/Siltation': 5 ! HUMBUG.CREEK _ _ 1100 1 Sedimentation/Siltation 5 _� PANOCHE C_REE_K —_ _ _ 1100 Sedimentation/Siltation , 5 FALL RIVER(PIT) - 1100 _1 Sedimentation/Siltation 6 l BEAR CREEK(R6) 1100 _ 1Sedimentation/Siltation 6 MILL CREEK(_3) 1100 Sedimentation/Siltation 6 HORSESHOE LAKE (2) 1100 Sedimentation/Siltation 6 BRIDGEPORT RES 1100 Sedimentation/Siltation 6 TOPAZ LAKE 1100 Sedimentation/Siltation 6 LAKE TAHOE 1100 Sedimentation/Siltation . ._.-.__._... .__ _ _ . 6 PINE CREEK (2) 1100 Sedimentation/Siltation 6 TRUCKEE RIVER 1100 Sedimentation/Siltation 6 CLEARWATER CREEK 1100 Se_dimenta_tion/Slltation 6 GRAY CREEK(R6) 1100 Sedimentation/Siltation 6 WARD CREEK 1100 Sedimentation/Siltation 2 6 ` BLACKWOOD CREEK 1100 Sedimentation/Siltation ----.-... .. 6 GOODALE CREEK 1100 Sedimentation/Siltation 6 EAST WALKER RIVER 1100 Sedimentation/Siltation j b ' HEAVENLY VALLEY CREEK 1100 Sedimentation/Siltation i J 6 WOLF CREEK (1) -___ .... . _ _.... :_ ..1.100--- Sedimentation/Siltation 6 WEST WALKER RIVER 1100 Sedimentation/Siltation 6 HOT SPRINGS CANYON CREEK 1100 1 Sedimentation/Slltatlon 6 BRONCO CREEK 1100 Sedimentation/Siltation 6 SQUAW CREEK - _ _ , 1100 Sedimentation/Siltation 7 IMPERIAL VALLEY DRAINS 1100 Sedimentation/Siltation 7 NEW RIVER (R7) 1100 Sedimentation/Siltation 7 ALAMO RIVER 1100 Sedimentation/Siltation 8 SAN-DIEGO CREEK REACH 1 1100 Sedimentation/Siltation 8 RATHBONE (RATHBUN)CREEK _ 1100 Sedimentation/Siltation 8 SAN DIEGO CREEK, REACH 2 1100 Sedimentation/Siltation 8 UPPER NEWPORT BAY ECOLOGICAL 1100 j Sedimentation/Siltation RESERVE ' 8 BIG BEAR LAKE 1100 Sedimentation/Slltatlon 8 ELSINORE, LAKE 1100 Sedimentation/Siltation 9 . SAN EWO LAGOON 1100 Sedimentation/Siltation 9 LOS PENASQUITOS LAGOON . 1100 1 Sedimentation/Siltation 9 AGUA HEDIONDA LAGOON _ 1100 j Sedimentation/Siltation 9 BUENA VISTA LAGOON 1100 Sedimentation/Siltation 3 _a 4 p � H , affi d , x o � � w az s vW • � '� � ja N ©�, 0 W C ��•� N N cz qq M �.y v C,> N N N on u a � ate.+ • .� v V d 1+ V Lt1 .�t Q Enclosure 1 AREAS OF THE STATE IN WHICH THE$250.00 ANNUAL FEE APPLEES Alameda County: The entire county except for the area east of Altamont Pass. Contra Costs County: The entire county. El Dorado County:The area draining into Lake Tahoe. Fresno Connty: The cities of Clovis and Fresno and unincorporated area for the County within the city limits of Fresno/Clovis. Kern County: the city of Bakersfield and unincorporated area of the County within the city limits. Los Angeles County: The entire county except for the cities of Avalon,Lancaster,Palmdale,and areas with zip codes 93523,93534,93535,93536,93543,93544,93550,93551,93553,93560,and 93563. Orange County: The entire county. Placer County: The area draining into Lake Tahoe. Riverside County: The entire county except for the area east of the Santa Ana Regional Board boundary line(this area is east of the mountain crest and does not drain into the Pacific Ocean)and the Coachella valley. Sacramento County: The entire county except for the city of Isleton. San Bernardino County: The entire county except for the area north and east of the Santa Ana Regional Board boundary line(this area is north and east of the mountain crest and does not drain into the Pacific Ocean). San Diego County: The entire county except for the area east of the San Diego Regional Board boundary line(this area is east of the mountain crest and does not drain into the Pacific Ocean). San Mateo County: The entire county. Santa Clara County: The entire county except for the area south of and including the city of Morgan Slll(this area does not drain into South San Francisco Bay). Solano County: The cities of Fairfield,Suisun City and Vallejo City Sonoma County: The city of Santa Rosa. Stanislaus County: The city of Modesto and unincorporated areas within the city limits. Ventura County: The entire county. . ►-7l.UM VV 711.C1 EWSUMIZU, 11.Vl LIAPl DUt I-U Division of Water Quality Inmon H.Hickoz 901 P Street•Sacramento,California 95814•(916)657-0757 my Davis S,-„�,fa, Mailing Address: P.O.Boz 1977•Sacramento,California•95812-1977 GGow-rnw Fa -ieental FAX(916)657-101 I•Internet Address:http:Uwwwswrcb.cagov I-.—ecdon To: Storm Water Permit Holder RE: NOTICE OF TERMINATION OF COVERAGE UNDER THE GENERAL CONSTRUC77ONSTORM WATER PERMIT'(GENERAL PERM I) In order for us to terminate your coverage under the General Permit,please complete and submit the enclosed Notice of Termination(NOT)to the Regional Board which has the jurisdiction over your site. Refer to the last page of an NOT packet for Regional Board locations. Please note that you are subject to the annual fee until you file a NOT with the Regional Board and the Regional Board approves your NOT. Should you have any questions regarding this matter,•feel free to contact either the Regional Water Board at the number listed on the back page of the NOT package, or the Storm Water Unit at(916)657-0757. Sincerely, LUY Shimizu Storm Water unit Division of Water Quality Enclosure California Environmental Protection Agency eIrDa Recycled Paper State of California State Water Resources Control Board NOTICE OF TERMINATION OF COVERAGE UNDER THE NPDES GENERAL PERMIT NO. CAS000002 FOR DISCHARGES OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY Submission of this Notice of Termination constitutes notice that the owner (and his/her agent) of the site identified on this form is no longer authorized to discharge storm water associated with construction activity by NPDES General Permit No. CAS000002. I. ]IIfDID NO. _ 11. BIER COMPANY NAME CONTACT PERSON STREET ADDRESS TITLE CITY STATE 21P PHONE 111. CONSTRUCTION SITE INFORMATION A-DEVELOPER NAME CONTACT PERSON STREET ADDRESS TITLE CITY CA ZIP PHONE R. SITE ADDRESS COUNTY CITY CA ZIP PHONE IV. BASIS OF TERMINATION I. The construction project is complete and the following conditions have been met. -All elements of the Storm Water Pollution Prevention Plan have been completed. - Constriction materials and waste have been disposed of property. - The site is in compliance with all local storm water management requirements. - A post-construction storm water operation and management plan is in place., Date of project completion 2. Construction activities have been suspended, either temporarily or indefinitely and the following conditions have been met. - All elements of the Storm Water Pollution Prevention Plan have been completed. - Construction materials and waste have been disposed of properly. . - All denuded areas and other areas of potential erosion are stabilized. - An operation and maintenance plan for erosion and sediment control is in place. - The site is in compliance with all local storm water management requirements. Date of suspension /__/ Expected start up date / / 3. Site can not discharge storm water to waters of the United States (check one). All storm water is retained on site. All storm water is discharged to evaporation or percolation ponds offsite. 4. Discharge of storm water from the site is now subject to another NPDES general permit or an individual NPDES permit. NPDES Permit No. Date coverage began 5. There is a new owner of the identified site. Date of owner transfer Was the new owner notified of the General Permit requirements? YES NO NEW OWNER INFORMATION GOrAPANY NAME CONTACT PERSON STREET AIM= TITLE grTY STATE ZIP PHONE V. EXPLANATION OF BASIS OF TERMINATION(Attach site photographs- see instructions). VI. CERTIFICATION: 1 certify under penalty of law that all storm water discharges associated with construction activity from the identified site that are authorized by NPDES General Permit No. CAS000002 have been eliminated or that I am.no longer the owner of the site. I understand that by submitting this Notice of Termination, am no longer authorized to discharge storm water associated with construction activity under'the general permit, and that discharging pollutants in storm water associated with construction activity to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by a NPDES permit. I also understand that the submittal of this Notice of Termination does not release an owner from liability for any violations of the general permit or the Clean Water Act. PRINTED NAME TITLE SIGNATURE: DATE REGIONAL WATER BOARD USE ONLY This Notice of Termination has been reviewed, and 1 recommend termination of coverage under the subject NPDES general permit. Printed Name Region No. Signature Date / / State of California State Water Resources Control Board INSTRUCTIONS FOR COMPLETING NOTICE OF TERMINATION FOR CONSTRUCTION ACTIVITY Who May File Dischargers who are presently covered under NPDES General Permit No. CAS000002 for discharge of storm water associated with construction activity may submit a Notice of Termination when they meet one of the following:orlteria: 1. The construction project has been completed and the following conditions have been met: all elements of the Stormwater Pollution Prevention Plan have been completed; construction,materil* and equipment maintenance waste have been disposed of property;the site Is in compliano&with all local'storrrt water.management requirements fngluding erosion/a6diment control.requirements and the appropriate use permits have beenvbtalned =and:a-post--construcdon:storm:.water operation and management plan is in place.. 2. Construction activities have been suspended;either temporarNy-or indefinitely.and the following conditions have been: all elements of the Stormwater Pollution Prevention Plan have been completed;-construction materials and equipment maintenance waste have been disposed of properly; all denuded areas and other areas of potential erosion are stabilized;an operation and maintenance.pian for erosion and sediment control Is in-place;and the site is in compliance with all local storm water management requirements including erosiontsediment control requirements. The date construction activities were,suspended, and the expected date construction activities will start up again should be provided. 3. Construction site can not discharge storm water to waters of the United States. Please indicate if all storm water is retained on site or ff.storm water is collected offsite. 4. Discharge of construction storm water from the site is now subject to another NPDES general permit or an individual NPDES permit. The general permit or individual permit NPDES number and date coverage began should be provided. 5. There is a new owner of the identified.site: If ownership or operation of the facility has been transferred then the previous owner must submit a Notice of Termination and the new owner must submit a Notice of Intent for coverage under the general permit. The date of transfer and Information on the new owner should be provided. Note that the previous owner may be liable for discharge from the site until the new owner files a Notice of Intent for coverage"under the general permit. Where to File The Notice of Termination should be submitted to the Executive Officer of the Regional Water Board responsible for the area in'which the facility is located. See attached. If the Executive Officer, or his designated staff, agrees with the basis of termination, the Notice of Termination will be transmitted to the State Water Board for processing. If the Executive Officer, or his designated staff, does not agree with the basis of termination, the Notice of Termination will be returned. The Regional Water Board may also inspect your site prior to accepting the basis of termination. LINE-BY-LINE INSTRUCTIONS All necessary information must be provided on the form. Type or print in the appropriate areas only. Submit additional information, if necessary, on a separate sheet of.paper. SECTION 1--WDID NO. The WDID No. is a number assigned to each discharger covered under the General Permit. If you•do not know your WDID No., please.call the State Water Board or Regional Water Board and request,it prior to submittal of the Notice of Termination. SECTIONJI�OWNER Enter the owner of the construction site's official or.legal name (This should.-correspond with the.-name on the Noti&of Intent submitted for the site),address.of the owner, contact.person, and.oontad person's.tttle.and telephone number. SECTIONIII--CONSTRUCTi®N.SITE INFORMATION In Part A. enter the name of the developer(or general coritractor), address, contact person, and contact person's title and telephone number. The contact person should.-be:-the construation site manager completely'familiar with the•eonstruction'she and charged-with compliance and oversight of the general permit. This information should-com3spond with information-on theMotioe of 4rdent-subdi tied.for the site. In Part B, enter the address, county, and telephone number (if any) of the construction site. Construction sites that do not have a street address must attach a legal description-of the site. SECTION IV—BASIS OF TERMINATION Check the category which best'defines the-basis of your termination request. Seethe discussion of the criteria in the Who May File section of these instructions. Provide dates and other information requested. Use the space under Explanation of'Basis of Termination heading. SECTION V—EXPLANATION OF BASIS OF TERMINATION Please explain the basis or reasons why you believe your construction she is not required to comply with the General Permit. To support your explanation, provide a site map and photograph of your site. SECTION VI--CERTIFICATION This section must be completed by the owner of the site. The Notice of Termination must be signed by: For a Corporation: a responsible corporate officer For a Partnership or Sole Proprietorship: a general partner or the proprietor, respectively.' For a Municipality, State, or other Non-Federal Public Agency: either a principal executive officer or ranking elected official. For a Federal Agency: either the chief or senior executive officer of the agency. Attachment 1 SWRCB AND RWQCB CONTACT LIST STATE WATER RESOURCES CONTROL BOARD Division of Water Quality Attention:Storm Water Permit Unit P.O.Box 1977 Sacramento,CA 95812-1977 (916)657-1146 FAX:(916)657-1011 Contact:Bruce Fghmoto NORTH COAST REGION 5S)CENTRAL VALLEY REGION 6V)LAHONTAN REGION 50 Skylane Boulevard,Suite A Sacramento Office Victorville Office. sn Rota.CA 95403 3443 Routier road,Suite A 15428 Civic Drive,Suite 100 nbnt: Nathan Qttarles Sacramento,CA 95827-3098 Victorville,CA 92392 17)576-2220 FAX:(707)523-0135 Contact: Leo Sarmiento Contact- Jehiel Calc til: quwn@rblswrcb.cagov (916)255-3049 FAX:(916)255-3015 (760)241-7377'FAX:(760)241-7308 Email: sarmierd@rb5s.swrcb.ca gov Email:.jcass@rb6v.awrcb.ca.gov BAN FRANCISCO BAY REGION 5I)CENTRAL.VALLEY REGION 7) COLORADO RIVER BASIN REGION t5 Clay Saw—Suite 1400 Fresno Branch Office 73-720 Fred Waring Drive,Suite 100 Hand,CA 94612 3614 East Ashlan Avenue Palm Desert,CA 92260 nbeb Gayleen Perriera Fresno,CA 93726 Contact: Abdi Haile .0)622-2407 FAX:(510)622-2460 Contact: Jorma Bennett(Tulam&Kern Counties) (760)776-8935 FAX:(760)341-6820 nih V@rb2xwrcb ca.gov (559)445-5919 FAX:(559)445-5910 Email: hai1a@rb7.swrcb.ca.gov- Email: bennettj@rb5f.swrcb.ca.gov Contact: Rosalyn Fleming Contact: Greg Kelly(Madera.Mariposa,Merced, (760)241-7364 FAX:(760)341-6820 Fresno,Bi:Kings Counties) Email: flemr0rb7.swrcb.ca gov (559)445-5500 FAX:(559)445-5910 Email: kellyg0rb5fswrcb.ca.gov CENTRAL COAST REGION SR)CENTRAL VALLEY REGION 8)SANTA ANA REGION Higuera Street,Suite 200 Redding Branch Office 3737 Main Street,Suite 500 a Luis Obispo,CA 93401-5427 415 Knollcrest Drive Riverside,CA 92501-3339 abet:.Jennifer Bitting Redding,CA 96002. Contac: Michael Roth(Riverside County) 15)549-3147 FAX:(805)543-0397 Contac: Carole Crowe (909)320-2027 FAX:(909)781-6288 tail: jbitting@rb3.swrcb.ca.gov (530)224-4849 FAX:(530)224-4857 Email: mroth0rb8.swrc1b.cagov Email: crowec@rb5r.swrcb.cagov Contact: Maris Smythe(Orange Counry) (909)782-4998 FAX:(909)781-6288 Email: msmythe@rb8.swrcb.ca.gov Contac: Bob Whitaker(San Bernardino County) (909)782-4993 FAX:(909)781-6288 Email: bwhitake@rb8.swrcb.ca.gov LOS ANGELES REGION 6SLT)LAHONTAN REGION 9)SAN DIEGO REGION 0 W.4th Suwt,Suite 200 South Lake Tahoe Office 9771 Clairemont Mesa Boulevard,Suite A a Angeles.CA 90013 2501 Lake Tahoe Boulevard San Diego,CA 92124 aatact: Wayne Chiou(inland Los Angeles) South Lake Tahoe,CA 96150 Contact: Jane Ledford 13)576-6664 FAX: (213)576-6686 Contact: Chris Adair (619)467-3272 FAX:(619)571-6972 nail: wchiou@rb4.swrcb.cagov (530)542-5433 FAX: (530)544-2271 Email: ledfj@rb9.swrcb.ca.gov mart: Mark Pumford(Ventura County) Email: adaic@rb6s.swrcb.ca.gov 13)576-6657 FAX: (213)576-6686 WI: mpumford@rb4.swrcb.ca.gov Intact: Carlos Urrunaga(Coastal) 13)5'76-6655 PAX(213)576-6686 ns rrunag@rb4.swrcb.ca.gov RECEIVED SEP 2 2 1999 CC Clean Vww", riuwam Contra Costa Clean Water Program Don Freitas 255 Glacier Drive ' Martinez,CA 94533 sw *Please note on Attachment 2, 2nd page the roman numerals should read VI, VII, VIII, instead of I, II, III.