DATE: January 8, 2024
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT: Compliance with Stormwater Trash Reduction Requirements – Information and Discussion
RECOMMENDATION
That the Committee reviews this report and comments on this report.
SUMMARY
This report provides a summary of the City’s implementation and compliance with the Trash Reduction mandate in the Municipal Regional Permit (MRP) 3.0. Chapter C.10 of the MRP includes the requirement to reduce all trash from entering waterways from the City’s storm drain system by July 1, 2025. This report presents an update of the City’s effort to comply with C.10 and to address all future actions for final C.10 compliance.
The City is currently 97.7% compliant with C.10 requirements and staff is confident that 100% compliance will be achieved by the July 1, 2025 deadline. Full compliance will be possible with a final full trash capture device installation planned for the spring of 2024 and a robust inspection program for non-compliant private properties with direct discharge to the City’s storm drain system.
BACKGROUND
The National Pollution Discharge Elimination System (NPDES) program was established in 1972 by the Federal Clean Water Act (CWA). The NPDES program was amended in 1986 to regulate stormwater runoff and established a permitting structure for municipal discharge to the waters of the state. From 1990 to 2009 each municipality in the Bay Area was regulated under countywide stormwater permits with individual requirements specific to each county. On October 14, 2009, the first regional stormwater permit, the Municipal Regional Permit (MRP), was adopted by the San Francisco Bay Regional Water Quality Control Board (Water Board). The MRP regulated municipalities within the counties of Alameda, Contra Costa, Santa Clara, San Mateo as well as the cities of Fairfield, Suisun, and Vallejo and the Vallejo Sanitation and Flood Control District. Municipalities and local agencies included in the MRP are referred to as ‘Permittees’.
The first MRP, adopted on October 14, 2009, was adopted as a five-year permit and administratively extended through December 2015. The permit was revised and MRP 2.0 was adopted on November 19, 2015, and became effective on January 1, 2016. MRP 2.0 was to expire on June 30, 2021, but was extended through July 1, 2022. MRP 3.0 was adopted on July 1, 2022. This report focuses on Provision C.10 of the MRP which mandates trash reduction within the City’s storm drain system.
Staff has presented the MRP’s stormwater regulations to the Council Sustainability Committee (CSC) for input on regulatory changes, requirements, and specifically trash reduction implementation. Staff’s last report to the CSC on the MRP was on January 11, 2021 and provided a summary of proposed changes to the MRP 2.0 at that time and the CSC requested to be kept abreast of the permit renewal process. On January 10, 2022, staff reported to the CSC on the requirements in the MRP 2.0 to regulate properties that discharge stormwater directly to the City’s storm drain system, the recommended approach to address the requirements, and proposed amendments to the City’s Stormwater Management and Urban Runoff Control ordinance (Chapter 11, Article 5 of the Municipal Code).
On March 14, 2022, staff provided an update on the draft MRP 3.0 and on March 13, 2023, staff presented the amended Stormwater Management and Urban Runoff Control ordinance to enable enforcement of trash requirements on private properties to comply with MRP 3.0. The CSC voted unanimously to recommend adoption of the ordinance and on April 11, 2023, Council adopted the amended ordinance.
DISCUSSION
The mandate for trash reduction in the MRP 3.0 is 100% removal of trash from the Permittee’s stormwater system by July 1, 2025. In addition, the MRP 3.0 specifies that private properties that are directly plumbed to the City’s stormwater pipes and bypass the City’s storm drain inlets are also required to meet the trash reduction requirements either through full trash capture or another equivalent method. These methods require a trash assessment verification to prove credit for trash reduction and require additional resources, both staff and equipment, to complete.
Staff has been working toward compliance with Section C.10 of the MRP and has taken several steps to achieve 100% trash reduction to eliminate trash from impacting the City’s storm drain system and the San Francisco Bay. In 2012, the City installed its first continuous deflective system (CDS) unit on Tennyson at Tyrrell Avenue as well as 80 small trash capture devices in storm drain inlets.
EPA Grant – In 2016, the City was awarded a competitive grant from the Environmental Protection Agency’s (EPA) Water Quality Improvement Fund in the amount of $800,000 to reduce trash from its storm drain system. The project included the installation of two CDS devices to filter trash from stormwater and to implement an outreach program to 1st-12th grade students within the Hayward Unified School District as well as charter and private schools within the City’s jurisdiction. The outreach portion of the project was a newly developed trash reduction educational program where students learned about the impacts of trash on waterways and wildlife by attending field trips, conducting scientific experiments, and understanding trash reduction in their own City by witnessing a CDS unit installation within their City’s stormwater infrastructure.
In 2017, the first CDS unit funded by the EPA grant was installed on Patrick Avenue and treats 160 acres of residential and commercial areas, including high and medium trash generating zones on Hayward’s trash map (see Figure 1). In 2016 through 2019 the educational outreach program was implemented and all programs for the 1st-12th grade were completed. Over 1,200 students from 10 schools participated in the program. More than 100 students participated in the high school program at the time the CDS unit was installed and witnessed the installation in the field as part of the trash reduction education. The City produced a video showcasing the event. The final CDS unit project was installed on Cotter Way, a residential street off Foothill Boulevard, with a drainage area of 138 acres. The Cotter Way device was installed in October 2022, in time to complete the EPA grant project by its due date of October 31, 2022.
The EPA grant also funded many small trash capture devices throughout the City and four large connector pipe screens to filter trash in two natural creek locations. Both creek locations are tributaries of the Sulphur Creek Watershed and the screens filter over 700 acres of land before the tributaries combine to discharge to the San Francisco Bay. The City installed 359 small devices over the course of several months and achieved an additional 23.7% trash reduction in most of the remaining areas not already treated. The remaining large areas will be treated by two large trash capture projects to be funded through a cooperative agreement with Caltrans.
Cooperative Agreement with Caltrans - The City was one of the first municipalities to enter into an agreement with Caltrans to install large trash capture devices to treat both City and Caltrans acreage. In 2021 the City finalized agreements to formalize a collaboration with Caltrans for trash capture. The City originally had three locations planned for CDS installations that would result in a significant reduction in trash. The available funds from Caltrans limited the budget, so two CDS unit locations were agreed upon (Arf Avenue and Tennyson Street). The Tennyson device was completed in the fall of 2023 and the Arf Avenue location is expected to be completed in 2024. Approximately 831 acres will be treated by these two projects with a reduction of approximately 19%.
Small Devices – In addition to the large infrastructure funded by the EPA grant and Caltrans, the City has installed 629 small devices within high and medium trash generating areas of the City since 2012. The small devices, installed in storm drain inlets, are cleaned twice per year and are inspected frequently for clogging and damage.
In total, the City currently treats 4,219 acres with large and small devices, the large connector pipe screens, and 25 privately owned CDS devices. Table 1 summarizes the City’s total areas treated by full trash capture devices and Figure 1 illustrates the full trash capture device treated areas to date.
Table 1: Summary of Existing and Planned Full Trash Capture Areas Full Trash Capture Device
Total Number of Devices
Area Treated (Acres)
Connector Pipe Screens
629
2,386
Channel Screens
4 939
Hydrodynamic Separators (Public)
5 871
Hydrodynamic Separators (Private)
25 23
Totals:
615
4,219
Arf Avenue Hydrodynamic Separator (Public) (install 2024) 1 400
Figure 1. Existing Areas Treated by Full Trash Capture Devices KEYCurrent full trash capture areasHigh trash generating areaMedium trash generating areaLow trash generating areaKEYCurrent full trash capture areasHigh trash generating areaMedium trash generating areaLow trash generating area KEY
Current full trash capture areas
High trash generating area
Medium trash generating area
Low trash generating area
KEY
Current full trash capture areas
High trash generating area
Medium trash generating area
Low trash generating area
Please see Figure 2 illustrating the areas to be treated by the two Caltrans projects.
Figure 2. Areas to be Treated by Caltrans-Funded Full Trash Capture Devices KEYArf AvenueTennyson RoadCurrent full trash capture areasKEYArf AvenueTennyson RoadCurrent full trash capture areas KEY
Arf Avenue
Tennyson Road
Current full trash capture areas
KEY
Arf Avenue
Tennyson Road
Current full trash capture areas
Private Land Drainage Areas – MRP 3.0 requires that private properties that are directly plumbed to the City’s stormwater pipes and bypass the City’s storm drain inlets must also meet the trash reduction requirements either through full trash capture or another equivalent method. The City has devoted considerable resources to determine and verify all direct discharge (those private properties that bypass the City’s storm drain inlets) private properties. During 2021 – 2023 staff completed a survey with field verification to locate all private land drainage area (PLDA) properties. The City has a total of 196 PLDAs for which staff completed trash assessments. Of the total, 69 have a trash assessment of medium or higher trash generation. These properties will be inspected over the next year and trash reduction methods will be discussed with each property owner.
The stormwater ordinance was amended in April 2023 to enable staff to require full trash capture for PLDA properties. Full trash capture devices will only be required if, after multiple inspections and discussions with property owners, other methods such as manual litter collection do not yield satisfactory results. The results of the direct discharge survey will be mapped using GIS and trash assessment data will be available through the GIS program as research for City staff to manage these PLDA properties in the next fiscal year and beyond. As full trash capture devices are installed for properties with ongoing trash generation concerns, the need for inspections will decrease. All properties required to install full trash capture devices will be required to submit annual maintenance reports and staff will visit the properties as needed.
Future Plans for Compliance - Staff expects to achieve 100% compliance with C.10 requirements with full trash capture (the remaining Caltrans project at Arf Avenue) and a new enhanced inspection program using trash assessments and enforcement of direct discharge properties and other untreated areas.
ECONOMIC IMPACT
Compliance with MRP Provision C.10 will result in costs to some Hayward businesses as compliance with trash reduction will result in increased monitoring, trash pickup, and possibly installation of full trash capture facilities as determined through stormwater inspection and follow up for compliance. The cost of installing a full trash capture device will depend on the shape and size of the storm drain inlets, number of inlets, and size of drainage area. The cost of a single device can range from a few hundred to thousands of dollars.
FISCAL IMPACT
Stormwater compliance and activities do not impact the General Fund. The City’s compliance with the MRP is managed by Water Pollution Source Control (WPSC) staff within the Public Works and Utilities Department. Implementing MRP Provisions with increased field duties, oversight, and administrator analysis and reporting, has increased the workload for WPSC staff. Funding for MRP-related activities is currently provided from the City’s stormwater enterprise fund, which is funded by property tax revenue. However, expenditures have been and are expected to increase every year. Staff is challenged with finding innovative tools and other resources to comply with the MRP but will continue to participate in the Alameda Countywide Clean Water Program and their committees to receive regional support for these efforts. Staff’s efforts to secure EPA grant funds ($800,000), used-oil grant state funds ($10,000-$30,000 renewed yearly), and Caltrans funds ($3 million) for trash capture device installation and maintenance have significantly reduced the City’s cost of MRP compliance.
STRATEGIC ROADMAP
This agenda item relates to the Strategic Priority of Improve Infrastructure but does not directly relate to the implementation of any identified projects.
SUSTAINABILITY FEATURES
Preventing pollution from entering the storm drain system will benefit Haywards’s aquatic ecosystems and the health of the San Francisco Bay and will help to create a clean and green community for Hayward residents and businesses.
PUBLIC CONTACT
A letter regarding the new municipal stormwater ordinance addition for full trash capture requirements was mailed to all property owners in Hayward as an insert in water bills in Fall of 2022 prior to Council approving the ordinance language.
NEXT STEPS
Staff plans to report to the CSC prior to the July 1, 2025 mandate due date to update the Committee on final compliance with C.10.
Prepared by: Elisa Wilfong, Water Pollution Control Administrator Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_________________________________________
Kelly McAdoo, City Manager
https://hayward.legistar.com/LegislationDetail.aspx?ID=4747799&GUID=B38B37E9-09C5-47B9-881D-B3FD7450E9BF&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=5374350&GUID=DDFCFD4C-97BB-45B3-80A0-D93A23E07F9E&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=5523059&GUID=7112B7B8-AC21-4EC5-9289-D35DC0FCDE01&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=6058171&GUID=CF24A795-A3B2-418F-A4FD-0C97B2C40222&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=6124946&GUID=265D462B-7AAA-4BFA-87FD-AF3B6BA89FD1&Options=&Search= https://www.hayward-ca.gov/your-government/departments/utilities-environmental-services/youth-trash-capture-and-watershed-education-project