Hemet City Council
September 10, 2024

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7 parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) maintenance of streets and roadways, including but not limited to slurry seal, asphalt overlay, public street sweeping and similar roadway maintenance, for such Fiscal Year as determined by the City; (2) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement; (3) pay Administrative Expenses. The Special Tax B Authorized Services are defined in detail in Exhibit B of the Rate and Method of Apportionment.
“Special Tax B (Contingent) Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax B Services. “Special Tax B (Contingent) Reserve Fund Requirement” for each Tax Zone equals 100% of the estimated cost of Special Tax B (Contingent) Services in the Base Year. The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2025, based on the Consumer Price Index Inflation Factor.

“Special Tax B (Contingent) Services” means those authorized services, permitted under the Mello‐Roos Community Facilities Act of 1982 as defined in Exhibit B of the Rate and Method of Apportionment, but limited to those services, for each Tax Zone, as set forth in the documents adopted by the City Council at the time the CFD was formed as Special Tax B (Contingent) Services.
“State” means the State of California.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Table 1, Table 2, Table 3 and Appendix A identify the initial Tax Zones created at formation of the CFD. Appendix A may be updated to include new Parcels or new Tax Zones added to the CFD as a result of future annexations. “Taxable Property” means all Parcels within the boundary of the CFD, inclusive of Special Tax Area A and Special Tax Area B (Contingent) pursuant to the Boundary Map that are not exempt from the Special Tax pursuant to Section F., below. “Taxable Unit” means either a RDU, BSF or an Acre, as shown in Table 1 or Table 2 of Section C.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS
For each Fiscal Year, commencing Fiscal Year 2024-2025, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner’s Association Property; and

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8 subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or NonResidential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property, Condominium Residential Property or Multifamily Residential Property. The number of Residential Dwelling units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For each Fiscal Year commencing Fiscal Year 2024-2025, Maximum Special Tax Rates shall be determined as described below:

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of RDUs constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐ family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of RDUs contained within the building or buildings, and the Special Tax A and or the Special Tax B levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of RDUs by the Maximum Special Tax per RDU for the applicable Tax Zone shown in the Tables below or as included in Appendix A as each annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the quantity of BSF or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual quantity of BSF or Acres for the Assessor’s Parcels, the Special Tax A and/or the Special Tax B levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the quantity of BSF or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone shown in the Tables below or as included in Appendix A as each annexation occurs.

1. Developed Property
The Maximum Special Tax A and Maximum Special Tax B for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD.

When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A and Maximum Special Tax B for Developed Property for Fiscal Year 2024‐25 within Tax Zone 1 and Tax Zone 2 are identified in Table 1 below and in Appendix A. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

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9 TABLE 1
Maximum Special Tax Rates for Developed Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map Land Use Class
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00
Mixed Use Property
The Maximum Special Tax that may be levied on a Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for each of the Parcels land uses based on Table 1. The Maximum Special Tax Rate for Single Family Residential Property shall apply to any Residential Dwelling Units on the parcel. The Maximum Special Tax Rate for Acreage shall apply to the other land uses on the property, with Acreage for each land use determined by reference to the approved site plan for such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

2. Approved Property
The Maximum Special Tax A and Maximum Special Tax B for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A and/or Maximum Special Tax B, as applicable, for the Tax Zone annexed and included in Appendix A.

In determining the Maximum Special Tax A and Maximum Special Tax B for Approved Property for Fiscal Year 2024‐25 within Tax Zone 1 and Tax Zone 2 for each Parcel of Approved Property, the Undeveloped Property Maximum Special Tax Rate from Section C.3 (Table 2) times the Acreage of such Parcel shall be applied; provided, however, that for a Parcel of Approved Property that is expected to become Single Family Residential Property, as reasonably determined by the Administrator based on

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10 the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated utilizing Section C.1 (Table 1) as if such Parcel were already designated as Single Family Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

3. Undeveloped Property
The Maximum Special Tax A and Maximum Special Tax B for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024‐01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A and/or Maximum Special Tax B, as applicable, for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax A and Maximum Special Tax B for Undeveloped Property for Fiscal Year 2024‐25 within Tax Zone 1 and Tax Zone 2 are identified in Table 3 below and in Appendix A. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

TABLE 2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map Land Use Class
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00

4. Taxable Public Property and Property Owner’s Association Property The Maximum Special Tax A and Maximum Special Tax B that may be levied for FY 2024-25 on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates for each Tax Zone shown in Appendix A multiplied by the Acreage of such Parcel. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

5. Increase in the Maximum Special Tax A and Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2025 the Maximum Special Tax A and Maximum Special Tax B for Developed Property, Approved Property, Undeveloped

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11 Property and Taxable Public Property and Property Owner’s Association Property shall increase by Consumer Price Index Inflation Factor.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator shall levy Special Tax A on all Taxable Property within Special Tax Area A up to the amount of the Special Tax A Requirement in accordance with the following steps:

First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.

Fourth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Taxable Public Property and Property Owner’s Association Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.

2. Special Tax B (Contingent)
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator may levy Special Tax B on all Taxable Property within Special Tax Area B up to the amount of the Special Tax B Requirement in accordance with the following steps:

First: If levied, Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, Special Tax B shall be levied

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12 Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.

Fourth: If additional moneys are needed to satisfy the Special Tax B Requirement after the first three steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Taxable Public Property and Property Owner’s Association Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.

Notwithstanding the above, under no circumstances will the Special Tax be levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2024-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate existing Tax Zone or to a new Tax Zone with the appropriate Maximum Special Tax rates and will be included in an amended Appendix A.

F. EXEMPTIONS
The Special Tax shall not be levied on Public Property or Property Owner’s Association Property. If any Public Property or Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same

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13 procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax or may collect the Special Tax at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

H. APPEALS
Any taxpayer may file a written appeal of the Special Tax on their Parcel(s) with the Administrator, provided that the appellant is current in their payments of Special Taxes.

During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

I. PREPAYMENT
The Special Taxes may not be prepaid.

J. TERM OF THE SPECIAL TAX
Special Tax A shall be levied annually in perpetuity unless terminated earlier by the City.

Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

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A-1

APPENDIX A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

MAXIMUM TAX RATES
Maximum Special Tax Rates for Developed Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map* Land Use Category
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00
Future
Annexation
Area
Tract/PM_____
Single Family Residential
Property RDU $____ per RDU $____ per RDU
Multifamily Residential
Property RDU $____ per RDU $____ per RDU
Non-Residential Property Acre $____ per Acre $____ per Acre

Maximum Special Tax Rates for Approved Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map* Land Use Category
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00
Future
Annexation
Area
Tract/PM_____
Single Family Residential
Property RDU $____ per RDU $____ per RDU
Multifamily Residential
Property RDU $____ per RDU $____ per RDU
Non-Residential Property Acre $____ per Acre $____ per Acre

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City of Hemet
CFD No. 2024-01 (Public Facilities Maintenance)
Rate and Method of Apportionment A-2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map*
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Acre $2,493.00 $0.00
2 PM 36566 Acre $823.00 $0.00
Future
Annexation
Area
Tract/PM_____ Acre $____ per Acre $____ per Acre
Maximum Special Tax Rates for Taxable Public Property
and Property Owner’s Association Property
Fiscal Year 2024-2025
The Maximum Special Tax A and Maximum Special Tax B that may be levied for FY 2024-25 on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates for each Tax Zone shown in Appendix A multiplied by the Acreage of such Parcel. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

Increase in the Maximum Special Tax A and Special Tax B (Contingent) On each July 1, commencing on July 1, 2025 the Maximum Special Tax A and Maximum Special Tax B for Developed Property, Approved Property, Undeveloped Property and Taxable Public Property and Property Owner’s Association Property for each Tax Zone shall increase by Consumer Price Index Inflation Factor. * The property identified above shall remain part of the identified Tax Zone regardless of changes in the configuration of the parcels in future Fiscal Years. As APNs change, the City may update Appendix A to reflect the most current APNs and Tax Zones consistent with the Taxable Property categories set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2024-1.

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City of Hemet
CFD No. 2024-01 (Public Facilities Maintenance)
Rate and Method of Apportionment B-1

APPENDIX B

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2024-01 (Public Facilities Maintenance) (“CFD 2024-01”), as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing facilities (may include reserves for replacement) in public street right-of-way, public lighting, public landscaping, public open spaces and other similar areas officially dedicated for public use. These services including the following:
a) Maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance of streets and roadways including slurry seal, asphalt overly and other similar maintenance; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and b) Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels and similar facilities.

Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements and flood control channel improvements; and c) Public street sweeping, on the segments of the arterials within the boundaries of CFD 2024-01; as well as local roads within residential subdivisions located within CFD 2024- 01; and any portions adjacent to the properties within CFD 2024-01; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services may be financed by proceeds of the special tax of CFD 2024-01 only to the extent that they are in addition to those provided in the territory of CFD 2024-01 before CFD 2024- 01 was created or those provided in the territory annexed to CFD 2024-01 before the territory was annexed, as applicable.

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EXHIBIT “D”
Proposed Boundary Map
(Please see attached)
D-1

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PROPOSED BOUNDARY OF

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)
ZONE 1

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

WEST STETSON AVENUE
N
No Scale
600 B St #2000, San Diego, CA 92101  p: 619.236.1778 ext. 1261  www.WeAreHarris.com

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HEMET THIS DAY OF , 2024. CITY CLERK OF THE CITY OF HEMET CLERK'S MAP STATEMENT I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2024-01 (PUBLIC FACIITIES MAINTENANCE) ZONE 1, CITY OF HEMET, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HEMET AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE DAY OF , 2024 BY ITS RESOLUTION NO. . CITY CLERK OF THE CITY OF HEMET COUNTY RECORDER'S FILING STATEMENT FILED THIS DAY OF , 2024
AT THE HOUR OF O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PETER ALDANA COUNTY RECORDER OF THE COUNTY OF RIVERSIDE BY: DEPUTY FILE: THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS.

Special Tax Boundary – Zone 1
Parcel Boundary
Legend

ASSESSOR PARCEL NUMBER LOCATED

WITHIN PROPOSED BOUNDARIES OF
CFD 2024-01 (PUBLIC FACILITIES

MAINTENANCE) AS OF
FISCAL YEAR 2023-24
446-290-014 S STATE ST
Site

VICINITY MAP

NOT TO SCALE SOUTH GILBERT STREET SAPPHIRE PLACE

W STETSON AVE S GILBERT ST S PALM AVE

VISTA GRANDE DR

SAN MARCOS DR

W WHITTIER AVE S ELK ST
W JOHNSTON AVE LYON AVE SPage 33 of 36
2

PROPOSED BOUNDARY OF

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)
ZONE 2

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

EAST KIMBALL AVENUE
N
No Scale
600 B St #2000, San Diego, CA 92101  p: 619.236.1778 ext. 1261  www.WeAreHarris.com

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HEMET THIS DAY OF , 2024. CITY CLERK OF THE CITY OF HEMET CLERK'S MAP STATEMENT I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2024-01 (PUBLIC FACIITIES MAINTENANCE) ZONE 2, CITY OF HEMET, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HEMET AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE DAY OF , 2024 BY ITS RESOLUTION NO. . CITY CLERK OF THE CITY OF HEMET COUNTY RECORDER'S FILING STATEMENT FILED THIS DAY OF , 2024
AT THE HOUR OF O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PETER ALDANA COUNTY RECORDER OF THE COUNTY OF RIVERSIDE BY: DEPUTY FILE: THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS.

Special Tax Boundary – Zone 2
Parcel Boundary
Legend
443-284-026 ASSESSOR PARCEL NUMBER LOCATED

WITHIN PROPOSED BOUNDARIES OF
CFD 2024-01 (PUBLIC FACILITIES

MAINTENANCE) AS OF
FISCAL YEAR 2024-25
443-284-026

VICINITY MAP

NOT TO SCALE JUANITA STREET BUENA VISTA STREET

EAST FLORIDA AVENUE

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Proposed Future Annexation Area Boundary Map
(Please see attached)
D-2

23.A

PROPOSED BOUNDARY OF FUTURE ANNEXATION AREA OF

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

CACTUS VALLEY RD
N
No Scale
600 B St #2000, San Diego, CA 92101 ◼ p: 619.236.1778 ext. 1261 ◼ www.WeAreHarris.com

CLERK'S MAP STATEMENT

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
HEMET THIS DAY OF , 2024.

CITY CLERK OF THE CITY OF HEMET

CLERK'S MAP STATEMENT

I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP

OF THE PROPOSED BOUNDARY OF FUTURE ANNEXATION
AREA OF COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACIITIES MAINTENANCE), CITY OF HEMET,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF HEMET

AT A REGULARLY SCHEDULED MEETING THEREOF, HELD
ON THE DAY OF , 2024
BY ITS RESOLUTION NO. .

CITY CLERK OF THE CITY OF HEMET

COUNTY RECORDER'S FILING STATEMENT
FILED THIS DAY OF , 2024
AT THE HOUR OF O'CLOCK .M. IN BOOK

OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF

THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.

PETER ALDANA

COUNTY RECORDER OF THE COUNTY OF RIVERSIDE
BY:

DEPUTY
FILE:

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS.

Future Annexation Area
and City Boundary
Legend
City of Hemet

VICINITY MAP

NOT TO SCALE

STETSON AVE

STATE ST

W FLORIDA AVE

W MENLO AVE

N SANDERSON AVE

LYON AVE S

SOBOBA ST S

WARREN RD

WINCHESTER RD
STATE
HWY 74

JUNIPER FLATS RD

SIMPSON RD

W ESPLANADE AVE

DOMENIGONI PKWY
SR 60
SR 91
I-10

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Michael Garvey, Principal Engineer, Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

Receive an Update on the Trash Enclosure Pilot Program With Identified Priority Locations and Consider Adopting a Resolution to Authorize the City Manager to Proceed with a Process to Procure One Contractor to Construct up to 24 Trash Enclosures and Suspend the Program While the Priority Applications are Processed and Procured.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Receive an update from staff on the progress of the Trash Enclosure Pilot Program.

2. Consider adopting a resolution authorizing the City Manager to proceed with a procurement process to contract for the construction of up to 24 modern trash enclosures.

3. Suspend the program while the City processes and procures the construction of the existing priority applications.

BACKGROUND:

The City of Hemet conditions new commercial developments to construct vandal-proof trash enclosures to accommodate required refuse and recycling bins. These structures include locking doors, a roof, and other characteristics that deter vandalism and are designed to accommodate CR&R’s operational needs (the City’s franchise waste and recycling hauler).

However, many commercial properties in the City of Hemet were built before the City implemented modern trash enclosure requirements. As a result, there are a number of trash enclosures without locking gates and without roofs throughout the City. In other cases, there are free-standing commercial trash bins on commercial properties without any trash enclosure. When bins are not secured, these bins frequently become subject to scavenging, illegal dumping, and unsightly graffiti.

To reduce the blight, safety, and security issues that unsecured bins present, the Hemet City Council approved a Trash Enclosure Pilot Program on October 10, 2023. The Trash Enclosure Pilot Program

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received an initial appropriated $450,000 to offset the cost of constructing modern trash enclosures on commercial properties.

The City Council approved an additional $500,000 appropriation to the Trash Enclosure Pilot Program in the Fiscal Year 2024/2025 budget.

ANALYSIS:

The Community Development Department has reviewed many program applications and subsequent construction proposals for City businesses to construct the modern and secure trash enclosures. The costs have ranged from approximately $45,000 to $90,000 and the businesses are not willing to proceed under the existing $20,000 program allotment.

Staff is recommending a City initiated procurement approach aggregating the trash enclosures into one bid package that should receive some economies of scale for constructing the proposed trash enclosures. Under this proposed method, each property owner would enter into an agreement with the City to allow the City's contractor to construct the awarded trash enclosure at the agreed upon location and indemnify the City from liability related to the work to be done on their property.

DISCUSSION:

More than twenty priority locations have been identified in highly visible commercial areas for participation in the Trash Enclosure Program. Attached to this report is an overview map of these locations.

Applications for trash enclosures that are located in highly visible commercial areas have been prioritized for participation in the program. Two applications have been received that are not currently recommending for award as they are not retail businesses on commercial corridors. One is from the Hemet United Methodist Church located at 530 S. Buena Vista St. and the other is from Valley-Wide Recreation and Park District for Searl Park located at 1001 N. Buena Vista St.

PREVIOUS COUNCIL ACTION:
 On October 10, 2024, the City Council approved the Trash Enclosure Pilot Program  On January 30, 2024, the City Council introduce an ordinance that will require all new and existing commercial properties to comply with the trash enclosure standards.  On February 27, 2024, the Second Reading and Adoption of Ordinance 2031 was approved by the City Council.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

23.B

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

Objective 2: Develop concepts and programs to enhance the quality of life services.

Objective 3: Develop programs to offer support to the community's businesses FISCAL IMPACT:

The Trash Enclosure Pilot Program currently has an appropriation of $950,000 and this is currently anticipated to be sufficient for the proposed approach to the program. No additional funds are being requested at this time.

ALTERNATIVE(S):

1. Do not authorize the City Manager to proceed with a procurement process for up to 24 trash enclosures.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1_ Resolution Trash Enclosure Program Procurement Approval Attachment 2_Proposed Trash Enclosures

23.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO PROCURE BIDS FOR UP TO TWENTYFOUR (24) TRASH ENCLOSURES AT IDENTIFIED PRIORITY LOCATIONS.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, on October 10, 2023, the City established a Trash Enclosure Pilot Program to reduce the blight, safety, and security issues that unsecured bins present.

The Hemet City Council has appropriated $450,000 toward a Trash Enclosure Pilot Program to offset the cost of constructing modern trash enclosures on commercial properties and CR&R has pledged an additional $50,000 toward this program, resulting in a total fiscal year 2023/2024 program budget of $500,000.); and WHEREAS, the City Council approved an additional $500,000 appropriation to the Trash Enclosure Pilot Program in the Fiscal Year 2024/2025 budget bringing the total program budget to $1 million; and
WHEREAS, The Community Development Department has reviewed many program applications and construction proposals from City businesses to construct the modern and secure trash enclosures with costs ranging from approximately $45,000 to $90,000.; and

23.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the businesses are not willing to proceed with construction under the existing $20,000 program allotment.

WHEREAS, Staff has identified more than twenty priority locations to participate in the program; and
WHEREAS, Staff recommends the City Council authorize the City Manager to procure bids to realize economies of scale to construct the priority trash enclosures; and WHEREAS, Staff recommends the City Council authorize the City Manager to suspend the program while the priority trash enclosures are procured and installed; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. Authorizes the City Manager to proceed with a procurement process to construct up to twenty-four (24) trash enclosures at the identified priority locations.

SECTION 3. Authorizes the City Manager to suspend the program while the identified priority locations of up to twenty-four (24) locations are procured and installed.

SECTION 4. This resolution shall be effective upon adoption.

23.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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23.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

23.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

23.B

Soboba
Reservation
Hemet
R
o
s
e
R
d
W
E
s
pla
n
a
d
e
A
v
e
N Sanderson Ave
E
a
t
o
n
A
v
e
N Lyon Ave
Pine Ave
N Cawston Ave
Odell Av
W
F
r
uit
v
ale
A
v
e
W
S
t
e
t
s
o
n
A
v
e
S Kirby St W J
o
h
n
s
to
n
Av
e
S Sanderson Ave
W
T
h
o
r
n
t
o
n
A
v
e
S Cawston Ave
Wentworth
Dr
S Gilmore St
Myers St
W
L
a
t
h
a
m
A
v
eN Elk St
S
yd
n
e
y
St
N Cawston Ave
S
e
a
t
tl e
St
S
o
u
t
h
R d
S Lyon Ave N Lyon Ave
P
i
n
acate
Rd
74 Hemet
West
Mobile
Estates
Seven
HillsGolf
Course
Panorama
VillageGolf
Course
Colonial
CountryClub
HemetRyan
Airport
VALLE

HERMOSA
SIERRA
DAWN

ESTATES
E
C
o
m
m
o
n
w
e
alt
h
A
v
e
W
E
s
pla
n
a
d
e
A
v
e
W
F
r
uit
v
ale
A
v
e
N Palm Ave
Girard St
G
a
r
r
e
t
t
W
a
y
La s Rosas D
E
Mid
wayAve
N Santa Fe St
N State St
E
E
s
pla
n
a
d
e
A
v
e
P
a
r
k
Ave
SanJacinto
Valley
Cemetery
N Franklin St
Girard St
S Santa Fe St
WJoh
n
s
t
o
n
A
v
e
N Palm Ave
N Yale St C r
e
s
t
D
r
W
W
hit
tie
r
A
v
e
W
hit
tie
r
A
v
e
A
c
a
cia
A
v
e
W
T
h
o
r
n
t
o
n
A
v
e
ClarkDr
J
o
h
n
s
t
o
n
A
v
e
M
a
y
b
e
r
r
y
A
v
e
W
M
e
nlo
A
v
e
Park Ave
N State St S State St
S San Jacinto St
Cornell St
EMenloAve
W
S
t
e
t
s
o
n
A
v
e
E
S
t
e
t
s
o
n
A
v
e
S
t
e
t
s
o
n
A
v
e
R3
74 79
EchoHillsGolf
Club
HEMET
Bautista
Wash
untain Ave Washi
n
g
t
o
n
A
v
e
Vil li nes Ave
Stanford St
L
o
m
a
s
S
t T
h
o
r
n
t
o
n
A
v
Park Av e
S
t
e
t
s
o
n
A
v
e
74 EASTHEMET
5 6
7 8
3 19
20 10 11 12
13 14
15 16 17 18
2 1
4 9
0 0.51 Miles
±
Proposed Trash Enclosure
Index Map
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Hemet City Boundary
Map Area
Label Business Name: Address: 1 Ochoa Iron Fabricators 1395 N. State St 2 Area Dental Inc. 560 N. San Jacinto St 3 Sizzler Hemet 4762 W. Florida Ave 4 Best Western (Alley) Koka 3510 W. Florida Ave 5 Harwin Parkersburg LTD (Harwin Plaza) 2101 W. Florida Ave 6 Miller-Jones Mortuary Crematory 1501 W. Florida Ave 7 Perfect Assets 1300 W. Florida Ave 8 The Fish Hut Market 1027 W. Florida Ave 9 MMD Energy 1005 W. Florida Ave 10 Hemet Heritage Foundation 100 W. Florida Ave
11 BJ Sporting Goods 324 E. Florida Ave
12 City of Hemet Fire Department 510 E. Florida Ave
13 Perfect Assets 871 E. Florida Ave
14 Dearly Beloved Mortuary Services 930 E. Florida Ave
15 Grocery Outlet 1470 E. Florida
16 Perfect Assets 1940 E. Florida Ave
17 El Patron Restaurant 2524 E. Florida Ave
18 Oak Tree Plaza LLC 2888 E. Florida Ave
19 Rich Alavardo LLC. 1191 S. Sanderson Ave
20 Stetson Investment 115 E. Stetson Ave

23.B

Soboba
Reservation
Hemet
R3
R3
Mesa View St
N State St
Ochoa
Iron
Fabricators
1 0 50 100 Feet
±
Proposed Trash Enclosure Map 1
1395 N State St
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
79N San Jacinto St
Area Dental Inc.
2 0 50 100 Feet
±
Proposed Trash Enclosure Map 2
560 N San Jacinto St
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
Myers St
74 W
F
l
o
r
i
d
a
A
v
e
74 W
F
l
o
r
i
d
a
A
v
e
Sizzler
Sizzler
Hemet
3 0 50 100 Feet
±
Proposed Trash Enclosure Map 3
4762 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
74 Tipu St
A
l
d
e
r
S
t
D
e
s
e
rt
W
i
l
l
o
w
S
t
W
F
l
o
r
i
d
a
A
v
e
W
F
l
o
r
i
d
a
A
v
e
BestWestern
Plus
Wendy's
Best
Western (Alley)
Koka
4 0 50 100 Feet
±
Proposed Trash Enclosure Map 4
3510 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
W
F
l
o
r
i
d
a
A
v
e
74 W
F
l
o
r
i
d
a
A
v
e
Chili's
74 W
F
l
o
r
i
d
a
A
v
e
W
F
l
o
r
i
d
a
A
v
e
Harwin
Parkersburg LTD
(Harwin Plaza)
5 0 50 100 Feet
±
Proposed Trash Enclosure Map 5
2101 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
F
l
o
r
i
d
a
A
v
e
F
l
o
r
i
d
a
A
v
e
74 W
F
l
o
r
i
d
a
A
v
e
74 W
F
l
o
r
i
d
a
A
v
e
Miller-Jones
Mortuary Crematory
6 0 50 100 Feet
±
Proposed Trash Enclosure Map 6
1501 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
W
F
l
o
r
i
d
a
A
v
e
74 W
F
l
o
r
i
d
a
A
v
e
74 N Valley V
W
F
l
o
r
i
d
a
A
v
e
W
F
loridaAve
Perfect Assets
7 0 50 100 Feet
±
Proposed Trash Enclosure Map 7
1300 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
W
F
l
o
r
i
d
a
A
v
e
74 W
F
loridaAve
Quality Inn
Hemet-San
Jacinto
74 W
F
l
o
r
i
d
a
A
v
e
W
FloridaA
v
e
The Fish
Hut Market
MMD
Energy
8 9
0 50 100 Feet
±
Proposed Trash Enclosure Map 8
1027 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
74 ality Inn
met-San
acinto
74 W
F
l
o
r
i
d
a
A
v
e
74 W
F
l
o
r
i
d
a
A
v
e
Starbucks
The Fish
Hut Market
MMD
Energy
8 9
0 50 100 Feet
±
Proposed Trash Enclosure Map 9
1027 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
R3
74 74
N Inez St
N State St
N State St
W
F
l
o
r
i
d
a
A
v
e
HemetMuseum
74 Front St Front S
N Harvard St
Hemet
Heritage
Foundation
10 0 50 100 Feet
±
Proposed Trash Enclosure Map 10
100 W Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
N Carmalita St
E
F
l
o
r
i
d
a
A
v
e
Downtown
Hemet
74 N Buena Vista St
N Juanita St
E
F
l
o
r
i
d
a
A
v
e
HemetCityHall Welc
hMemorial Park
BJ Sporting
Goods
City of
Hemet Fire
Department
11 0 50 100 Feet
±
Proposed Trash Enclosure Map 11
324 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
74 74
N Franklin St
N Buena Vista St
N Juanita St
S
a
i
n
t
J
o
h
n
P
l
E
F
l
o
r
i
d
a
A
v
e
HemetCityHall Welc
hMemorial Park
74 N Thompson St
S
a
i
n
t
J
o
h
n
P
l
City of
Hemet Fire
Department
12 0 50 100 Feet
±
Proposed Trash Enclosure Map 12
510 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
E
F
l
o
r
i
d
a
A
v
e
74 S Taylor St
74 E
F
l
o
r
i
d
a
A
v
e
E
M
o
r
t
o
n
P
l
Perfect Assets
Dearly Beloved
Mortuary Services
13 0 50 100 Feet
±
Proposed Trash Enclosure Map 13
871 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
S
a
i
n
t
J
o
h
n
P
l
74 74
Laursen St
S
a
i
n
t
J
o
h
n
P
l
N Santa Fe St
E
F
l
o
r
i
d
a
A
v
e
WellsFarg
MountainView
Medical Laborator
y
Perfect Assets
Dearly
Beloved Mortuary
Services
13 14
0 50 100 Feet
±
Proposed Trash Enclosure Map 14
930 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
74 74
E
F
l
o
r
i
d
a
A
v
e
74 RamonaPlaza
Shopping
Center
Grocery
Outlet
15 0 50 100 Feet
±
Proposed Trash Enclosure Map 15
1470 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
74 N Mayflower St
E
F
l
o
r
i
d
a
A
v
e
74 E
F
l
o
r
i
d
a
A
v
e
74 E
F
l
o
r
idaAve
Perfect Assets
16 0 50 100 Feet
±
Proposed Trash Enclosure Map 16
1940 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
N Columbia St
E
F
l
o
r
i
d
a
A
v
e
S
t
a
t
e
H
i
g
h
w
a
y
7 4
El Patron
MexicanGrill &
Entertainment
Sulgrave Dr
El Patron
Restaurant
17 0 50 100 Feet
±
Proposed Trash Enclosure Map 17
2524 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
74 74
N Cornell St
Sulgrave Dr
Park Vista L
Cornell St
S
t
a
t
e
H
i
g
h
w
a
y
7 4
74 S
t
a
t
e
H
Oak
Tree Plaza
LLC
18 0 50 100 Feet
±
Proposed Trash Enclosure Map 18
2888 E Florida Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
Rich
Alavardo
LLC.
19 0 50 100 Feet
±
Proposed Trash Enclosure Map 19
1191 S Sanderson Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

Soboba
Reservation
Hemet
R3S State St
E
S
t
e
t
s
o
n
A
v
e
HemetDMV
Office
DollarGeneral H
emetDMV
Stetson
Investment
20 0 50 100 Feet
±
Proposed Trash Enclosure Map 20
115 E Stetson Ave
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\115_TrashEnclosures_20240813\Maps\Trash_Enclosure.aprx 9/4/2024 Proposed Trash Enclosure
Location
Parcel

23.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer; ☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

Update on the Regional National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges of Pollutants in the Runoff from the Municipal Separate Storm Sewer Systems (MS4s) in the Counties of Orange, Riverside, and San Bernardino (NPDES No. CAS618000)
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Receive an update on Regional NPDES Permit and Waste Discharge Requirements for Discharges of Pollutants in the Runoff from the Municipal Separate Storm Sewer Systems (MS4s) in the Counties of Orange, Riverside, and San Bernardino (NPDES No. CAS618000).

2. Provide direction to the City Manager related to MS4 permit update.

BACKGROUND:

On November 14, 2024, Riverside County Flood Control & Water Conservation District presented an update on the Stormwater Permit Program Update to the Council. The presentation discussed some of the impacts on the City based on proposed permit requirements.

On March 1, 2024, staff of the Santa Ana Water Board announced the release of a Draft Regional MS4 Permit for regulating discharges of pollutants in runoff from MS4s in Orange, Riverside, and San Bernardino Counties to solicit feedback from permittees and other stakeholders.

The comment period ended on July 3, 2024, in which the City of Hemet, along with numerous other permittees in the region, submitted comment letters to the board regarding comments and concerns of the draft permit. Letters from the City of San Jacinto, the County of Riverside, and elected officials within the area have been included as attachments for reference.

ANALYSIS:

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On August 8, 2024, the Permittee Permit Renewal Meeting was held for Riverside County, in which Riverside County Flood Control and Water Conservation District shared preliminary data from their Cost Impact Analysis Report of the MS4 Tentative Order, which is currently in draft form and not yet being circulated.

DISCUSSION:

The preliminary costs for one specific item, the Watershed Management Plan (or WMP), were enormously high for the City of Hemet's share. The regional board is having a meeting on Friday, September 13, 2024, in the City of Cypress, which includes an agenda item for the Workshop on the Regional NPDES Permit and Waste Discharge Requirements for Discharges of Pollutants in the Runoff from the Municipal Separate Storm Sewer Systems (MS4s) in the Counties of Orange, Riverside, and San Bernardino (NPDES No. CAS618000). Based upon the current timeline, this is the last time to address the draft permit with the board prior to the adoption hearing. This causes serious concern for the City of Hemet since the permittees have not yet received responses to the comments sent, nor has the County's Cost Impact Analysis Report of the MS4 Tentative Order been released yet.

PREVIOUS COUNCIL ACTION:

There has been no previous Council action.

STRATEGIC PLAN INTEGRATION:

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

While this item provides an update only on the Draft MS4 Permit, it is expected adoption of the proposed Permit would have a fiscal impact on the City of Hemet between $327 million and $656 million over the next 20 years, resulting in a new annual expenditures of more than $16 million annually. For context, this scale of expenditure equates to approximately 20% of the City's current fiscal year expected revenues and could not be implemented without substantial impacts on City of Hemet staffing and operations absent new revenues.

ATTACHMENT(S):

Attachment 1 - Tentative Santa Ana Region MS4 Permit
Attachment 2 - City of Hemet Tentative Order Comment Letter July 2024 Attachment 3 - Santa Ana Regional Board Meeting Agenda
Attachment 4 - County of Riverside and City of San Jacinto MS4 Tentative Order Comments Attachment 5 - EWMP for Upper Los Angeles River EMWP Group

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Santa Ana Regional MS4 Permit

STATE OF CALIFORNIA

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SANTA ANA REGION
3737 Main Street, Suite 500, Riverside, CA 92501-3348
(951) 782-4130 Fax (951) 781-6288
http://www.waterboards.ca.gov/santaana
ORDER R8-2024-0001
NPDES NO. CAS618000

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

AND WASTE DISCHARGE REQUIREMENTS
FOR

DISCHARGES OF POLLUTANTS IN RUNOFF

FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS IN THE

COUNTIES OF ORANGE, RIVERSIDE, AND SAN BERNARDINO

WITHIN THE SANTA ANA REGION
SANTA ANA REGIONAL MS4 PERMIT
I. ADMINISTRATIVE INFORMATION
The following Dischargers are subject to waste discharge requirements as set forth in this Order:

Table 1: Permittees
Orange County Principal
Permittee
CAS 618030
County of Orange
Permittees
Attachment B Figure 2
depicts the jurisdictional
boundaries of these
Permittees.

Orange County Flood Control
District City of Lake Forest
City of Anaheim City of Los Alamitos
City of Brea City of Newport Beach
City of Buena Park City of Orange
City of Costa Mesa City of Placentia
City of Cypress City of Santa Ana
City of Fountain Valley City of Seal Beach
City of Fullerton City of Stanton
City of Garden Grove City of Tustin
City of Huntington Beach City of Villa Park
City of Irvine City of Westminster
City of La Habra City of Yorba Linda
City of La Palma
Riverside County Principal
Permittee
Riverside County Flood Control and Water Conservation District

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Santa Ana Regional MS4 Permit
Santa Ana Regional MS4 Permit
CAS 618033
Permittees
Attachment B Figure 3
depicts the jurisdictional
boundaries of these
Permittees.

County of Riverside City of Lake Elsinore
City of Beaumont City of Menifee
City of Calimesa City of Moreno Valley
City of Canyon Lake City of Norco
City of Corona City of Perris
City of Eastvale City of Riverside
City of Hemet City of San Jacinto
City of Jurupa Valley
San Bernardino County
Principal Permittee
CAS 618036
San Bernardino County Flood Control District
Permittees
Attachment B Figure 4
depicts the jurisdictional
boundaries of these
Permittees
San Bernardino County City of Montclair
City of Big Bear Lake City of Ontario
City of Chino City of Rancho Cucamonga
City of Chino Hills City of Redlands
City of Colton City of Rialto
City of Fontana City of San Bernardino
City of Grand Terrace City of Upland
City of Highland City of Yucaipa
City of Loma Linda
The entities identified in Table 1 above are collectively referred to as the Permittees, which include the Principal Permittees.

Table 2: Administrative Information
IT IS HEREBY ORDERED that this Order supersedes Orders R8-2009-0030, R8-2010- 0033, and R8-2010-0036 except for enforcement purposes, and, in order to meet the provisions contained in division 7 of the California Water Code and regulations adopted there under, and the provisions of the federal Clean Water Act (CWA), and regulations and guidelines adopted there under, the Permittees must comply with the requirements in this Order.

This Order was adopted by the Santa Ana Water Board on: MONTH DATE, 2024 This Order will become effective on: Adoption + 90 days This Order will expire on: Effective Date + 5 years.

The U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Santa Ana Region have classified this discharge as a major discharge.

The Permittee must file a Report of Waste Discharge in accordance with title 23, division 3, chapter 9 of the California Code of Regulations and 40 Code of Federal Regulations part 122, as the application for issuance of new waste discharge requirements no later than 180 days in advance of the Order expiration date.

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Santa Ana Regional MS4 Permit
Santa Ana Regional MS4 Permit
I, Jayne Joy, Executive Officer, do hereby certify that this Order R8-2024-0001 with all attachments is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on MONTH DATE, 2024. ________________________________________
Jayne E. Joy, P.E.

Executive Officer

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Santa Ana Regional MS4 Permit
Santa Ana Regional MS4 Permit
Table of Contents
I. ADMINISTRATIVE INFORMATION .................................................................................... 1 II. Findings .............................................................................................................................10 A. Jurisdiction..........................................................................................................................10 B. Discharge Characteristics and Runoff Management............................................................12 C. Administrative Findings.........................................................................................................15 III. PERMITTEE RESPONSIBILITIES.....................................................................................16 A. General ...............................................................................................................................16 B. Additional Responsibilities of the Principal Permittees.........................................................17 C. Implementation Agreements................................................................................................18 D. Legal Authority/Enforcement ...............................................................................................18 E. Notification Requirements ...................................................................................................19 F. Fiscal Analysis ....................................................................................................................20 IV. DISCHARGE PROHIBITIONS ...........................................................................................21 A. Prohibitions – Non-Stormwater Discharges .........................................................................21 B. Prohibitions – Trash ............................................................................................................23 V. TRASH CONTROL ............................................................................................................23 A. Trash Control Program........................................................................................................23 B. Track 1................................................................................................................................24 C. Track 2................................................................................................................................25 VI. RECEIVING WATER LIMITATIONS ..................................................................................27 VII. EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS ....................................29 A. Effluent Limitations..............................................................................................................29 B. General Compliance Provisions for Water Quality-Based Effluent Limitations (WQBELs)...30 VIII. NEW DEVELOPMENT (INCLUDING SIGNIFICANT REDEVELOPMENT)........................30 A. Planning Requirements .......................................................................................................31 B. Priority Projects...................................................................................................................31 C. General Requirements for Discretionary Priority Projects....................................................34 D. General Requirements for Treatment Control Measures .....................................................38 E. Waiver of Treatment Control Measures...............................................................................40 F. Non-conforming Treatment Control Measures: Demonstration Facilities .............................41 G. BMP Prioritization Hierarchy................................................................................................42 H. Post-Construction Treatment Control Credit Programs........................................................46 I. Specific Requirements for Infiltration LID Treatment Control Measures...............................48 J. Specific Requirements for Harvest and Use LID Treatment Control Measures....................50 K. Off-Site Treatment Control Measures: Regional and Sub-Regional Facilities ......................51 L. Hydrologic Conditions of Concern .......................................................................................51 IX. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM (IDDE).....................53 A. General ...............................................................................................................................53 B. Sanitary Sewer Overflows ...................................................................................................55 C. Mobile Businesses ..............................................................................................................56 X. PUBLIC EDUCATION AND OUTREACH...........................................................................56

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XI. TRAINING PROGRAMS....................................................................................................57 A. Target audience ..................................................................................................................58 B. Frequency of training...........................................................................................................58 C. Reporting ............................................................................................................................58 D. Training curriculum..............................................................................................................58 E. Adaptive management of the training program....................................................................59 XII. WATERSHED MANAGEMENT PLANS .............................................................................59 A. Watershed Management Plan Development .......................................................................59 B. Watershed Management Plan Contents..............................................................................62 C. Watershed Management Plan Approval and Implementation Process ................................66 D. Compliance Determination ...................................................................................................68 E. Time Schedule Order Applicability ........................................................................................70 XIII. MUNICIPAL INSPECTIONS ..............................................................................................71 A. General ...............................................................................................................................71 B. Construction Sites ...............................................................................................................72 C. Industrial Sites.....................................................................................................................74 D. Commercial Sites ................................................................................................................76 XIV.MUNICIPAL FACILITIES/ACTIVITIES ...............................................................................79 A. Encroachment Permits ........................................................................................................80 B. Fixed Facilities ....................................................................................................................80 XV. PROGRAM EFFECTIVENESS ASSESSMENT .................................................................83 XVI.MONITORING AND REPORTING PROGRAM..................................................................84 XVII. STANDARD PROVISIONS.........................................................................................85 XVIII. REOPENER AND PERMIT MODIFICATION ..............................................................85 Appendix 1................................................................................................................................88 Appendix 2................................................................................................................................92 I. WQBELs for Nitrogen, Total................................................................................................92 II. WQBELs for Phosphorus, Total ..........................................................................................93 III. Compliance Determination ..................................................................................................93 IV. Monitoring and Reporting ....................................................................................................94 Appendix 3................................................................................................................................96 I. WQBELs for Fecal Coliform for REC1.................................................................................96 II. WQBELs for Fecal Coliform for SHEL .................................................................................96 III. Compliance Determination ..................................................................................................96 IV. Monitoring and Reporting ....................................................................................................97 Appendix 4................................................................................................................................99 I. WQBELs for Sediment ........................................................................................................99 II. Alternative WQBELs for Sediment.......................................................................................99 III. Compliance Determination ................................................................................................100 IV. Monitoring and Reporting ..................................................................................................101

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Appendix 5..............................................................................................................................103 I. WQBELs for Chlordane.....................................................................................................103 II. WQBELs for Total DDT.....................................................................................................103 III. WQBELs for Dieldrin .........................................................................................................103 IV. WQBELs for Total PCBs ...................................................................................................104 V. WQBELs for Toxaphene ...................................................................................................104 VI. Compliance Determination ................................................................................................104 VII.Monitoring and Reporting ..................................................................................................105 Appendix 6..............................................................................................................................108 I. General .............................................................................................................................108 II. WQBELs for Chlorpyrifos ..................................................................................................108 III. WQBELs for Diazinon .......................................................................................................109 IV. Compliance Determination ................................................................................................109 V. Monitoring and Reporting ..................................................................................................110 Appendix 7..............................................................................................................................112 I. General .............................................................................................................................112 II. WQBELs for Cadmium, Dissolved.....................................................................................112 III. WQBELs for Chromium.....................................................................................................113 IV. WQBELs for Copper, Dissolved ........................................................................................113 V. WQBELs for Lead, Dissolved ............................................................................................114 VI. WQBELs for Mercury ........................................................................................................114 VII.WQBELs for Zinc, Dissolved .............................................................................................115 VIII. Compliance Determination ...........................................................................................115 IX. Monitoring and Reporting ..................................................................................................117 Appendix 8..............................................................................................................................119 I. General .............................................................................................................................119 II. WQBELs for Copper..........................................................................................................119 III. WQBELs for Lead .............................................................................................................120 IV. WQBELs for Zinc ..............................................................................................................120 V. Alternative Concentration-Based WQBELs .......................................................................120 VI. Alternative Interim WQBELs for Dry and Wet Weather Discharges ...................................120 VII.Compliance Determination ................................................................................................121 VIII. Monitoring and Reporting .............................................................................................122 Appendix 9..............................................................................................................................124 I. WQBELs for Selenium ......................................................................................................124 II. Requirements for Offset and Trading Program..................................................................125 III. Requirements for BMP Strategic Plans .............................................................................127 IV. Compliance Determination ................................................................................................128 Appendix 10............................................................................................................................131 I. WQBELs for Copper, Dissolved ........................................................................................131 II. Compliance Determination ................................................................................................131 III. Monitoring and Reporting ..................................................................................................132 Appendix 11............................................................................................................................134 I. WQBELs for Escherichia coli.............................................................................................134 II. Comprehensive Bacterial Reduction Plan .........................................................................135

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III. Compliance Determination ................................................................................................136 IV. Monitoring and Reporting ..................................................................................................137 Appendix 12............................................................................................................................139 I. WQBELs for Canyon Lake ................................................................................................139 II. WQBELs for Lake Elsinore................................................................................................139 III. Comprehensive Nutrient Reduction Plan...........................................................................140 IV. Reduction of In-lake Sediment Nutrient Loads...................................................................140 V. Requirements for Offset and Trading Program..................................................................141 VI. Compliance Determination ................................................................................................142 VII.Monitoring and Reporting ..................................................................................................143 Appendix 13............................................................................................................................145 I. WQBELs for Phosphorus, Total ........................................................................................145 II. Compliance Determination ................................................................................................145 III. Monitoring and Reporting ..................................................................................................147 Attachment A ..........................................................................................................................149 Attachment B ..........................................................................................................................163 Attachment C ..........................................................................................................................169 Attachment D ..........................................................................................................................188 Attachment E ..........................................................................................................................303 Attachment F ..........................................................................................................................306

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Santa Ana Regional MS4 Permit
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List of Figures & Tables
Table 1: Permittees................................................................................................................... 1 Table 2: Administrative Information............................................................................................ 2 Table 3: Types of Non-Stormwater Discharges Presumed to Not be a Significant Source of Pollutants...........................................................................................................................22 Table 4: Summary Schedule for the Development, Review, and Approval of Watershed Management Plans ..........................................................................................................67 Table 1.1: TMDLs Applicable to Orange County Permittees......................................................88 Table 1.2: TMDLs Applicable to Riverside County Permittees...................................................89 Table 1.3: TMDLs Applicable to San Bernardino County Permittees.........................................90 Table 2.1 Summary of Nutrients Effluent Limitations for Newport Bay.......................................93 Table 2.2 Summary of Nutrients Total TMDL Allocations for Newport Bay................................94 Table 4.1: Baseline Distribution of Habitat Types in the Upper Newport Bay Ecological Reserve ..........................................................................................................................................99 Table 5.1: Summary of WQBELs by Receiving Waters for Organochlorine Compounds (Grams per Year)..........................................................................................................................104 Table 5.2: Summary of Total TMDL Allocations for San Diego Creek, Upper and Lower Newport Bay, expressed on an annual basis..................................................................................105 Table 6.1: Summary of WQBELs (Maximum Concentrations) for Runoff from MS4 Permittees for Discharges of Chlorpyrifos into Upper Newport Bay and its Tributaries, and into San Diego Creek (ng/L)...........................................................................................................109 Table 6.2: Summary of WQBELs (Maximum Concentrations) for Runoff from MS4 Permittees for Diazinon into Upper Newport Bay and its Tributaries, and into San Diego Creek (ng/L). ........................................................................................................................................109 Table 6.3: Summary of Total TMDL Allocations for Diazinon and Chlorpyrifos by Receiving Waterbody .......................................................................................................................110 Table 7.1: Summary of Hardness-based WQBELs for Dissolved Cadmium in San Diego Creek ........................................................................................................................................113 Table 7.2: Summary of Hardness-based Dissolved Copper WQBELs for San Diego Creek....114 Table 7.3: Summary of Hardness-based Dissolved Lead WQBELs for San Diego Creek .......114 Table 7.4: Summary of Hardness-based Dissolved Zinc WQBELs for San Diego Creek.........115 Table 7.5: Numeric Targets (ug/L) for Metals Based on Flow Tiers for San Diego Creek ........116 Table 7.6. Numeric Targets (ug/L) for Metals in Newport Bay .................................................117 Table 7.7 Numeric Targets for Chromium and Mercury in Rhine Channel...............................117 Table 8.1: Summary of Wet Weather Concentration-Based Effluent Limitations .....................120 Table 12.1: Summary of Nutrient WQBELs for Runoff from MS4s into Canyon Lake ..............139 Table 12.2: Summary of Nutrient WQBELs for Runoff from MS4s into Lake Elsinore .............140 Table 12.3: Total TMDL Allocations for Lake Elsinore and Canyon Lake ................................143 Figure B.1: Santa Ana Water Board Watershed Managements Areas ....................................164 Figure B.2: Orange County Permittees ...................................................................................165 Figure B.3: Riverside County Permittees.................................................................................166 Figure B.4: San Bernardino County Permittees.......................................................................167

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Santa Ana Regional MS4 Permit
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List of Appendices
Appendix 1: Applicable TMDL Requirements for Permittees Appendix 2: Water Quality-Based Effluent Limitations for Nutrients in the Newport Bay/San Diego Creek Watershed
Appendix 3: Water Quality-Based Effluent Limitations for Fecal Coliform in Newport Bay
Appendix 4: Water Quality-Based Effluent Limitations for Sediment in the Newport Bay/San Diego Creek Watershed
Appendix 5: Water Quality-Based Effluent Limitations for Organochlorine Compounds in San Diego Creek, Upper and Lower Newport Bay Appendix 6: Water Quality-Based Effluent Limitations for the Diazinon and Chlorpyrifos TMDL for San Diego Creek and Upper Newport Bay Appendix 7: Water Quality-Based Effluent Limitations for Toxic Pollutants in San Diego Creek and Newport Bay
Appendix 8: Water Quality-Based Effluent Limitations for Metals in San Gabriel River and Impaired Tributaries
Appendix 9: Water Quality-Based Effluent Limitations for Selenium in Freshwater, Newport Bay Watershed
Appendix 10 Water Quality-Based Effluent Limitations for Copper in Upper and Lower Newport Bay
Appendix 11: Water Quality-Based Effluent Limitations for Bacterial Indicator TMDL in the Middle Santa Ana River Watershed
Appendix 12: Water Quality-Based Effluent Limitations for Nutrient TMDL in Lake Elsinore and Canyon Lake
Appendix 13: Water Quality-Based Effluent Limitations for Nutrient TMDL for Dry Hydrological Conditions in Big Bear Lake
List of Attachments
Attachment Description
A. Glossary
B. Maps of Permit Areas/Watersheds
C. Monitoring and Reporting Program
D. Fact Sheet
E. Acronyms
F. Standard Provisions

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Santa Ana Regional MS4 Permit
II. Findings
A. Jurisdiction

1. MS4 Ownership or Operation. Each of the Permittees listed in Table 1 above, owns or operates a municipal separate storm sewer system (MS4), through which it discharges stormwater and non-stormwater into waters of the U.S. within the Santa Ana Region. Non-stormwater is a discharge that is not generated by precipitation. These MS4s fall into one or more of the following categories: (1) a medium or large MS4 that services a population of greater than 100,000 or 250,000 respectively; or (2) a small MS4 that services a population of less than 100,000; or (3) an MS4 which contributes to a violation of a water quality standard; or (4) an MS4 which is a significant contributor of pollutants to waters of the U.S. section 402(p) of the CWA requires that discharges of pollutants in runoff from MS4s be regulated under a National Pollutant Discharge Elimination System (NPDES) Permit.

2. Executive Officer Delegation of Authority. The Santa Ana Regional Water Quality Control Board (Santa Ana Water Board), through Resolution R8- 2019-0056, has delegated all matters that may legally be delegated to its Executive Officer to act on its behalf pursuant to Water Code section 13223.

Therefore, the Executive Officer is authorized to act on the Santa Ana Water Board’s behalf on any matter within this Order unless such delegation is unlawful under Water Code section 13223, or this Order explicitly states otherwise. The Santa Ana Water Board authorizes the Executive Officer to make non-substantive changes to this Order to correct typographical errors, including correcting misspellings/grammar, ensuring correct crossreferences, correcting formatting/numbering, and conforming changes made during the development and adoption of this Order that were inadvertently not carried through the entire Order. The Executive Officer shall provide public notice of any non-substantive changes.

3. Designation of Board.
a. Water Code section 13228 authorizes the Executive Officer of a Regional Water Quality Control Board (Regional Water Board) to grant a written request, made by an entity that is subject to regulation by more than one Regional Water Board, that one Regional Water Board be designated to regulate the matter.
b. The Santa Ana Water Board is designated to regulate discharges of pollutants in MS4 runoff from the entire jurisdiction of the City of Menifee, including those discharges from that city into the San Diego Region. The San Diego Regional Water Quality Control Board is designated to regulate discharges of pollutants in MS4 runoff from the entire jurisdictions of the Cities of Laguna Hills, Laguna Woods, Murrieta and Wildomar, including those discharges from those cities into the Santa Ana Region.

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Santa Ana Regional MS4 Permit
c. The Cities of Claremont and Pomona are located within Los Angeles County, but a portion of their MS4 discharges flow to the Middle Santa Ana River Watershed. The Cities of Pomona and Claremont are not Permittees under this Order, but their MS4 discharges of bacteria to the Middle Santa Ana River Watershed are covered under a separate NPDES Permit issued by the Santa Ana Water Board.

4. Legal and Regulatory Authority. This Order is issued pursuant to section 402 of the federal Clean Water Act (CWA) and implementing regulations (40 Code of Federal Regulations [CFR] part 122) adopted by the United States Environmental Protection Agency (USEPA), and chapter 5.5, division 7 of the California Water Code (commencing with section 13370). This Order serves as a National Pollutant Discharge Elimination System (NPDES) Permit for discharges of pollutants in runoff from MS4s to waters of the U.S. This Order also serves as waste discharge requirements (WDRs) pursuant to article 4, chapter 4, division 7 of the Water Code (commencing with section 13260).

The Regional Water Board has the legal authority to issue a system wide MS4 Permit pursuant to its authority under CWA section 402(p)(3)(B) and 40 CFR section 122.26(a)(1)(v). The USEPA has established that the permitting authority, in this case the Santa Ana Water Board, has the flexibility to establish system- or region-wide permits affecting multiple Permittees (40 CFR § 122.26(a)(3)(ii)). The system- or region-wide nature of this Order will ensure consistency of regulation within watersheds and is expected to result in overall cost savings for the Permittees and the Santa Ana Water Board.

Federal regulations make it clear that each Permittee need only comply with Permit conditions relating to discharges from the MS4s for which it is an operator (40 CFR § 122.26(a)(3)(vi)). This Order does not require the Permittees to manage stormwater that originated outside of their jurisdictional boundaries (see Attachment B, Figure 1).

5. CWA NPDES Permit Conditions. Pursuant to CWA section 402(p)(3)(B), NPDES permits for discharges from MS4s shall: (1) include a requirement to effectively prohibit non-stormwater discharges into MS4s; (2) require controls to reduce the discharge of pollutants to the maximum extent practicable (MEP), including management practices, control techniques and system, design and engineering methods and such other provisions as the Santa Ana Water Board determines appropriate for the control of such pollutants. This Order prescribes conditions to comply with the CWA requirements for owners and operators of MS4s to effectively prohibit non-stormwater discharges into the MS4s with some exceptions listed in section IV of this Order. This Order requires controls to reduce the discharge of pollutants in runoff from the MS4s to the MEP, including such other provisions that the Santa Ana Water Board has determined are appropriate to control pollutants.

6. Monitoring Requirements. CWA section 308(a) and 40 CFR sections 122.41(h), (j)-(l) and 122.48 require that NPDES permits specify monitoring and reporting requirements. Federal regulations applicable to large and medium MS4s also specify additional monitoring and reporting requirements

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in 40 CFR sections 122.26(d)(1)(iv)(D), 122.26(d)(1)(v)(B), 122.26(d)(2)(i)(F), 122.26(d)(2)(iii)(D), 122.26(d)(2)(iv)(B)(2) and 122.42(c).

Water Code section 13383 authorizes a Regional Water Board to establish monitoring, inspection, entry, reporting and recordkeeping requirements.

This Order establishes monitoring and reporting requirements to implement federal and State requirements.

7. Non-Stormwater and Stormwater Discharges. The discharge of pollutants from the MS4 is subject to the MEP standard and other provisions the Santa Ana Water Board determines appropriate to control pollutants whether the pollutants are transported by stormwater or non-stormwater. In addition, this Order requires each Permittee to effectively prohibit discharges of nonstormwater into its MS4 unless such discharges are authorized by an NPDES Permit consistent with 40 CFR section 122.26(d)(2)(i)(B). Certain nonstormwater discharges may be permitted under various NPDES Permits adopted by the Santa Ana Water Board and the State Water Resources Control Board (State Water Board). These Permits include, but are not limited to, NPDES Permit No. CAG998001, General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimis) Threat to Water Quality (De Minimis Permit); NPDES Permit No.

CAG990002, General NPDES Permit for Discharges from Utility Vaults and Underground Structures to Waters of the United States (General Utility Vaults Permit); NPDES Permit No. CAG140001, Statewide NPDES Permit for Drinking Water System Discharges to Waters of the United States; and NPDES Permit No. CAG918002, General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges, Groundwater Dewatering Operations, and/or Groundwater
Cleanup/Remediation Operations at Sites within the Newport Bay Watershed. Non-stormwater discharges permitted under these and other NPDES Permits are not subject to the discharge prohibitions herein.

8. Limits of Permittees’ Jurisdiction Over Runoff. The Permittees may lack or have limited legal jurisdiction over runoff into their MS4s from agricultural sources, some state and federal facilities, Native American tribal lands, utilities, special districts, and other entities. The Santa Ana Water Board recognizes that the Permittees can only be held responsible for discharges of pollutants from such entities to the extent that the Permittees have the authority to eliminate or control the pollutants. While these limitations are recognized, the Permittees are expected to control pollutants in discharges into their MS4s from such entities according to CWA section 402(p)(3)(B).

B. Discharge Characteristics and Runoff Management

1. Potential Beneficial Use Impairment. The discharge of pollutants from MS4s may cause or contribute to exceedances of applicable water quality standards in receiving waters. Discharges from MS4s may result in alterations to the hydrology of receiving waters that negatively impact their physical integrity. These conditions may impair or threaten to impair

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designated beneficial uses resulting in a condition of pollution, contamination, or nuisance.

2. Pollutants Generated by Land Development. Land development has created and threatens to create new sources of non-stormwater discharges and pollutants in stormwater discharges as human population increases.

Land development increases the impervious surfaces, which is a significant factor in hydromodification. This also brings higher levels of automobile emissions, automobile maintenance wastes, municipal sewage, nutrients, pesticides, household hazardous wastes, pet wastes, and trash.

Development typically converts natural ground cover to impervious surfaces such as paved highways, streets, rooftops, and parking lots. Pollutants deposited on these surfaces are washed off by non-stormwater or stormwater flows into and from the MS4s. As a result of the increased imperviousness in urban areas, less rainwater can infiltrate through and flow over soil where physical, chemical, and biological processes can remove pollutants.

Therefore, runoff leaving a developed area can contain greater pollutant loads and have significantly greater runoff volume, velocity, and peak flow rate than pre-development runoff conditions from the same area. Certain pollution control measures and best management practices (BMPs) can minimize these impacts to water quality.

3. Pollutants in Runoff from MS4s. The most common pollutants in runoff from MS4s include total suspended solids, sediment, selenium, pathogens (e.g., bacteria, viruses, protozoa), heavy metals (e.g., cadmium, copper, lead, and zinc), petroleum products and polynuclear aromatic hydrocarbons, synthetic organics (e.g., pesticides, herbicides, and PCBs), nutrients (e.g., nitrogen and phosphorus), oxygen-demanding substances (e.g., decaying vegetation, animal waste), detergents, and trash and debris. Pollutants in runoff are often generated by persons or activities over which the Permittees typically have the authority to enact measures to control those pollutants. The Santa Ana Water Board recognizes that the Permittees’ authority is not equal for all persons or activities in their jurisdictions. Nonetheless, the Permittees are required to exercise their authority consistent with the requirements of the Clean Water Act, other applicable laws, and this Order.

4. Human Health and Aquatic Life Impairment. Pollutants in runoff discharged from the MS4s may adversely affect human health and/or aquatic organisms. Adverse human health effects can include gastrointestinal diseases and infections. Adverse physiological responses in aquatic organisms to pollutants in runoff include impaired reproduction, growth anomalies, decreased diversity, and mortality. These responses may be the result of different mechanisms, including bioaccumulation of toxins. During bioaccumulation, toxins move up the food chain and may affect both aquatic and non-aquatic organisms, including human health and wildlife. Increased volume, velocity, and duration of stormwater runoff greatly accelerate the erosion of downstream natural channels. These alter stream channels and habitats and can adversely affect aquatic and terrestrial organisms.

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5. Long Term Planning and Implementation. Federal regulations require municipal stormwater permits to expire five years from adoption, after which the permit must be renewed and reissued. The Santa Ana Water Board recognizes that water quality degradation and impacts to beneficial uses in the Santa Ana Region have occurred over several decades and will not be fully addressed during the five-year permit term.

6. Iterative Process. This Order is based on an iterative approach that, in summary, is comprised of planning, implementing, evaluating, and improving pollution control measures and BMPs carried out as part of the Permittees’ stormwater programs. Some iterations will occur during this Permit term, and are likely to occur over multiple Permit terms, to achieve water quality standards. This Order includes requirements that compel a methodical approach to implement the iterative process. This Order also includes requirements for conducting program effectiveness assessments (PEAs).

PEAs are a necessary component of the iterative process. The purposes of conducting PEAs include:
a. Tracking progress towards meeting performance metrics and/or water quality standards;
b. Providing feedback to Permittees’ program managers regarding the commitment of resources, including the cessation of ineffective management practices;
c. Providing feedback to Permittees’ program managers, in part, to identify effective control measures/BMPs and program modifications; and, d. Assessing reductions in pollutant loads to receiving waters and potential relationships to the control measures/BMPs implemented.

Performance metrics that are not prescribed by this Order or incorporated by reference but are developed exclusively by the Permittees as part of PEAs, shall not be used as the basis for enforcement action against any of the Permittees for failure to satisfy those metrics. The intent of the Santa Ana Water Board is that the Permittees constructively use those performance metrics, and the related monitoring, as part of a process to iteratively improve the performance of their stormwater programs in a timely manner to attain receiving water limitations and effluent limitations, to effectively prohibit non-stormwater discharges, and to remove pollutants in runoff from MS4s to the maximum extent practicable.

These performance metrics are not a substitute for compliance with any of these general requirements according to the deadlines within or incorporated by reference into this Order. If a requirement has a deadline, non-enforceable performance metrics are intended to be useful, interim indicators until compliance is assessed through the analysis and interpretation of monitoring data according to a schedule under the

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Monitoring and Reporting Program. Permittees are also required to annually evaluate the validity of their performance metrics and methods of measurement and make modifications accordingly.

C. Administrative Findings

1. Standard Provisions. Standard Provisions, which apply to all NPDES Permits in accordance with 40 CFR section 122.41, and additional conditions applicable to specified categories of permits in accordance with 40 CFR section 122.42, are provided in Attachment F to this Order.

2. Fact Sheet. The Fact Sheet (Attachment D) for this Order contains background information, regulatory and legal citations, references and additional explanatory information and data in support of the requirements of this Order. The Fact Sheet is consistent with 40 CFR sections 124.8 and 124.56. The Fact Sheet is hereby incorporated into this Order and constitutes part of the Findings of this Order.

3. Order Attachments. Attachments A through F and Appendices 1-13 are incorporated into this Order.

4. Public Outreach.
a. In accordance with state and federal laws and regulations, the Santa Ana Water Board notified the Permittees, and interested agencies and persons of its intent to prescribe waste discharge requirements for the control of discharges into and from the MS4s to waters of the U.S. and has provided them with an opportunity to submit their written comments and recommendations. Details of notification are provided in the Fact Sheet. b. The Santa Ana Water Board has satisfied the outreach requirements set forth in Water Code section 189.7 by conducting equitable, culturally relevant community outreach to promote meaningful civil engagement from potentially impacted communities throughout the permit development process. More information on outreach efforts can be found in section XXIII of the Fact Sheet, Attachment D.

5. Public Hearing. The Santa Ana Water Board held a public hearing on MONTH(S) DATE(S), 2024, and heard and considered all comments pertaining to the terms and conditions of this Order. Details of the public hearing are provided in the Fact Sheet.

6. Effective Date. This Order serves as an NPDES Permit pursuant to CWA section 402 or amendments thereto and becomes effective ninety (90) days after the date of its adoption, provided that the Regional Administrator, USEPA Region IX, does not object to this Order.

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7. Expiration Date and Renewal. The Permittees, individually or jointly, must file a report of waste discharge (permit application) no later than 180 days in advance of the expiration of this Order, after which this Order may be administratively extended (40 CFR § 122.6). The submittal of a report of waste discharge will constitute an application for issuance of new waste discharge requirements (40 CFR § 122.41(b)).

8. Review by the State Water Board. Any person aggrieved by this action of the Santa Ana Water Board may petition the State Water Board to review the action in accordance with Water Code section 13320 and California Code of Regulations, title 23, sections 2050, et seq. The State Water Board must receive the petition by 5:00 p.m., 30 days after the Santa Ana Water Board action, except that if the thirtieth day following the action falls on a Saturday, Sunday or State holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions will be provided upon request or may be found on the Internet at:
http://www.waterboards.ca.gov/public_notices/petitions/water_quality

PERMIT REQUIREMENTS
IT IS HEREBY ORDERED that the Permittees, in order to meet the provisions contained in division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act, as amended, and regulations and guidelines adopted thereunder, must comply with the following:

III. PERMITTEE RESPONSIBILITIES
A. General
The Permittees (inclusive of the Principal Permittees) shall be responsible for the management of storm drain systems within their jurisdiction. To carry out the requirements of this Order, the Permittees must:

1. Document the control measures or BMPs that are employed within each of their respective jurisdictions.

2. Develop and apply performance metrics to achieve continual improvement and demonstrate the effectiveness of their projects and programs. Permittees must use and document performance metrics to track and assess the effectiveness of individual control measures and BMPs or systems of control measures and BMPs and execute timely program and project improvements to attain receiving water limitations (section VI) and effluent limitations (section VII), effectively prohibit non-stormwater discharges (section IV) and reduce pollution to the maximum extent practicable.

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3. Evaluate the validity of performance metrics and the validity of those methods used to measure achievement of performance metrics.

4. Collaborate with one another as appropriate in the development of necessary programs, plans, procedures, strategies, and reports that are of mutual interest.

5. Coordinate the relevant plans, policies, procedures, and standards of their internal agencies, departments, and divisions to comply with this Order.

6. Develop and execute necessary interagency agreements.

7. Maintain records, perform monitoring and analysis, and submit reports that are adequate to determine compliance with the requirements of this Order.

8. Prepare and submit information related to their respective programs and projects to the Principal Permittee that is necessary to develop an Annual Progress Report for submittal to the Executive Officer.

9. Establish account(s) in the State Water Board’s online database, currently known as Storm Water Multiple Application and Report Tracking System (SMARTS). Each Permittee is responsible to complete the following:
a. Designate at least one Legally Responsible Person or Principal Signatory account holder per 40 CFR section 122.22(a).
b. Designate and establish at least one assisting account holder with an equivalence to the Legally Responsible Person, or at minimum a Duly Authorized Representative or Approved Signatory per 40 CFR section 122.22(b).
c. File with the State Water Board a signed original Electronic Authorization Form for both the Legally Responsible Person and Duly Authorized Representative account holders for each related organization in the online database per 40 CFR section 3.3.
d. Protect the online account login information for each account holder from being shared or delegated to others and from unauthorized use. e. Maintain up-to-date contact information for the associated account(s) and active permit(s) per 40 CFR section 127.22.

B. Additional Responsibilities of the Principal Permittees In addition to the general responsibilities specified in section III.A above, the Principal Permittees are responsible for the overall coordination of the stormwater program for those receiving waters that they discharge to. To carry out the requirements of this Order, the Principal Permittees must:

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1. Coordinate the planning, execution, and reporting of necessary common programs, plans, procedures, strategies, improvements, and reports, including the Annual Progress Report with Permittees in their respective counties.

2. Monitor and report the progress of any plans, projects, and programs of mutual interest to the Permittees in their respective counties.

3. Compile information provided by the Permittees in their respective counties and determine the effectiveness of the overall program in attaining receiving water limitations and complying with effluent limitations, including with any applicable water quality-based effluent limitations (WQBELs) specified in Appendices 2 through 13 of this Order.

4. Either individually or in coordination with the Permittees, conduct chemical, physical, and biological water quality monitoring as directed by the Executive Officer and required by this Order.

C. Implementation Agreements
The Permittees must execute inter-agency and inter-Permittee agreements necessary to satisfy the requirements of this Order.

D. Legal Authority/Enforcement
Each Permittee must establish and maintain legal authority adequate to control the discharge of pollutants in runoff to their MS4s pursuant to the requirements of this Order, including the following:

1. Review and update, as necessary, existing local and municipal ordinances, plans, and policies to comply with the requirements of this Order within one year of the effective date of this Order and as needed thereafter.

2. Document the legal authorities and mechanisms used to implement the various program elements required by this Order.

3. Establish and maintain legal authority to enter, inspect, and gather evidence (including pictures, video, samples, statements, and documents) necessary to determine compliance with this Order, including the prohibition on illicit discharges to the MS4, and to determine compliance with Permittee’s ordinances, permits, conditions and other requirements related to the control of discharges of pollutants to their MS4s.

4. Maintain adequate legal authority to impose progressive sanctions to obtain compliance with their regulatory requirements related to the control of pollutants to their MS4s.

5. Legal Authority Assessment Report: In the Annual Progress Report, each Permittee must submit a statement certified by its chief legal counsel that the

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Permittee has the legal authority within its jurisdiction to implement and enforce each of the requirements contained in 40 CFR section 122.26(d)(2)(i)(A-F) and this Order. Each Permittee must track and evaluate challenges to its legal authority to control pollutants in runoff to its MS4; any challenges that result in an adverse judgment in a court of law must be presented in the Annual Progress Report.

E. Notification Requirements

1. When Permittees discover a release or threatened release of pollutants within their jurisdiction that poses an imminent threat to human health or the environment (including, but not limited to sewage spills in excess of 1,000 gallons, oil spills that could impact wildlife, spills of reportable quantities of hazardous substances defined in 40 CFR parts 117 & 302, etc.), the Permittee(s) must take the following actions:
a. Provide oral or electronic mail notification to the Executive Officer of the Santa Ana Water Board within 24 hours of discovery.
b. Submit a report within five (5) business days following the initial notification to the Santa Ana Water Board providing the following information, if available:
i. The location, nature, and circumstances of the threat to human health or the environment.
ii. Any corrective action(s) taken or planned to mitigate the threat and prevent its reoccurrence.
iii. Describe any enforcement actions taken or planned by the Permittee.
iv. Identity:
1) Owner of the site or facility.
2) Operator of the site or facility, if different.
3) Name of the site or facility.

2. Permittees must submit a report on January 31 and July 31 of each calendar year concerning facilities within their jurisdiction not in compliance with waste discharge requirements regulating stormwater. These include: (1) NPDES Permit No. CAS000002, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit); (2) NPDES Permit No. CAS000001, NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial General Permit); (3) NPDES Permit No. CAG618001, SectorSpecific General Permit for Storm Water Runoff Associated with Industrial

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Activities from Scrap Metal Recycling Facilities within the Santa Ana Region (Scrap Metal Permit). Notification shall not prevent or delay the Permittees from independently taking appropriate actions to bring facilities into compliance with their local ordinances, rules, and regulations as well as Water Quality Management Plans (WQMPs) specified in section VIII.C. The semi-annual report must include the following:
a. Facilities without Permit Coverage. Facilities that are known or suspected of not having authorization to discharge waste under an NPDES stormwater permit, including sites subject to Senate Bill 205.

The report must include, at a minimum, the following documentation:
i. Name of the facility;
ii. Location of the facility;
iii. Operator of the facility;
iv. Owner of the facility;
v. A description of the activity being conducted at the site or facility that is known or suspected of being subject to the Construction General Permit, Industrial General Permit, Scrap Metal Permit, and/or Clean Water Action section 401 Water Quality Certification. vi. The estimated acreage of disturbed soil or the SIC Code of the facility (if available).
b. Facilities with Known, Suspected, or Threatened Violations. If, during a site inspection or complaint investigation, Permittees or their representatives become aware of a known, suspected, or threatened violation of applicable waste discharge requirements (e.g., Industrial General Permit, Construction General Permit, Scrap Metal Permit, etc.) or local ordinances, the Permittee must include this information in the semi-annual report. At a minimum, the following information must be provided:
i. The WDID number of the facility, if applicable;
ii. The location, nature, and circumstance of the known, suspected, or threatened violation(s);
iii. Prior history of any relevant violations of state and local requirements; and,
iv. Action(s) taken or planned by the Permittee(s) to bring the site operator into compliance.

F. Fiscal Analysis

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Consistent with 40 CFR section 122.26 (d)(2)(vi), the Permittees must prepare and submit a fiscal analysis report to the Executive Officer of the Santa Ana Water Board. The report must include the following: annual capital and operation and maintenance expenditures incurred during the prior year to comply with this Order and an estimate of the costs for the upcoming permit year. The analysis must be submitted with the Annual Progress Report (see Attachment C, Monitoring and Reporting Program No. R8-2024-0001). The report must substantially conform to fiscal reporting guidance issued by USEPA or the State Water Board when made available. Each Permittee shall also describe in the Annual Progress Report the source(s) of funds used in the past year, and proposed for the coming year, to meet necessary expenditures to implement the requirements of this Order.

IV. DISCHARGE PROHIBITIONS
A. Prohibitions – Non-Stormwater Discharges

1. In accordance with CWA section 402(p)(3)(B)(ii), each Permittee must effectively prohibit non-stormwater discharges from entering the MS4 for which it is an owner and/or operator and discharging to receiving waters.

2. Exceptions to Prohibition of Non-Stormwater Discharges. The following categories of non-stormwater discharges are authorized and conditionally exempt from being effectively prohibited:
a. Authorized non-stormwater discharges separately regulated by an individual or general NPDES permit, Waste Discharge Requirements, or waiver of Waste Discharge Requirements.
b. Temporary non-stormwater discharges authorized pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements (“ARARs”) under section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs pursuant to section 121(d)(4) of CERCLA or (b) a written determination that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR. section 300.415(j).
c. Discharges from essential non-emergency firefighting activities, provided appropriate BMPs are implemented to reduce pollutants based on the California Department of Forestry and Fire Protection, Office of the State Fire Marshal’s Water-Based Fire Protection Systems Discharge Best Management Practices Manual (September 2011) for water-based fire protection system discharges, or equivalent BMP manual for fire training activities and post-emergency firefighting activities.

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d. Discharges from landscape irrigation, provided that any discharge must be minimized through the implementation of an ordinance specifying water efficient landscaping standards, as well as an outreach and education program focusing on water conservation and landscape water use efficiency. BMPs must be implemented to minimize runoff and prevent introduction of pollutants to the MS4 and receiving water, including landscape water use efficiency requirements for existing landscaping, use of drought tolerant, native vegetation, and the use of less toxic options for pest control and landscape management.
e. The non-stormwater discharges listed in Table 3 below unless such discharges are identified by the Permittee(s) or the Executive Officer as a significant source of pollutants. With the recommendation of the Permittees or based on Substantial Evidence, as defined in the Glossary, the Executive Officer is authorized to add or remove types of discharges to Table 3 below, by way of written notice to the Permittees and after providing a minimum of 30 days for public comment.

Table 3: Types of Non-Stormwater Discharges Presumed to Not be a Significant Source of Pollutants
Air conditioning condensate
Passive foundation or footing drains
Water from crawl space pumps
Water line flushing
Non-commercial vehicle washing
Dechlorinated water from freshwater swimming pools and fountains (except cleaning wastewater and filter backwash)
Diverted stream flow
Rising groundwater and natural springs
Uncontaminated groundwater infiltration (defined in 40 CFR § 35.2005(20)) to MS4s1
Uncontaminated pumped groundwater
Flow from riparian habitats and wetlands
Emergency firefighting flows necessary for the protection of life and property 1 40 CFR 122.26 (d)(2)(iv)(B)(1)

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Water not otherwise containing waste, as defined in Water Code section 13050(d) B. Prohibitions – Trash
The discharge of trash to surface waters of the State and the deposition of trash where it may be discharged into surface waters of the State is prohibited.

Compliance with this prohibition shall be achieved as specified in section V.

V. TRASH CONTROL
A. Trash Control Program

1. Each Permittee subject to this Order with regulatory authority over priority land uses, designated land uses, and equivalent alternate land uses must implement an effective program to reduce or eliminate the discharge of trash to ocean waters, inland surface waters, enclosed bays, estuaries, and along shorelines or adjacent areas in amounts that adversely affect beneficial uses or cause nuisance. Permittees shall comply with this provision and the prohibition in section IV.B by installing, operating, and maintaining either:
a. Track 1: Full Capture Systems for all storm drains that capture runoff from priority land uses, designated land uses, and equivalent alternate land uses in each Permittee’s jurisdiction. A Full Capture System is a treatment control measure, or series of treatment control measures that traps all particles that are 5 mm or greater, and has a design treatment capacity that is either:
i. Not less than the peak flow rate of runoff resulting from a one-year, one-hour storm in the system’s drainage area, or
ii. Appropriately sized to, and designed to carry at least the same flows as the corresponding storm drain.

Prior to installation, full capture systems must be certified by the Executive Director of the State Water Board or their designee. To request certification, a Permittee shall submit a certification request letter that includes all relevant supporting documentation to the State Water Board’s Executive Director for a written determination. As of the adoption date of this Order, Full Capture Systems certified by the State Water Board Executive Director can be found at the following link:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/doc s/trash_implementation/2022/fullcptre-availabletopublic10-11.pdf b. Track 2: Any combination of Full Capture Systems, multi-benefit projects, other treatment control measures, and source control measures within either each Permittee’s jurisdiction or within the jurisdiction of the

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Permittee and contiguous Permittees, that achieves Full Capture System Equivalency. Each Permittee may determine the locations or land uses within its jurisdiction to implement any combination of controls.

Full Capture System Equivalency is the trash load that would be reduced if full capture systems were installed, operated, and maintained for all storm drains that capture runoff from priority land use areas. Permittees must quantify this trash load reduction target by using an approach, and technically acceptable and defensible assumptions and methods for applying the approach, as part of an approved Program Monitoring and Reporting Plan (see Attachment C, Monitoring and Reporting Program).

The Track 1 and Track 2 methods of compliance are outlined in in State Board Resolution No. 2015-0019, Amendment to the Water Quality Control Plan for Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Trash Provisions).

2. The Executive Officer has the authority to designate specific land uses, including areas that generate substantial amounts of trash, as areas requiring compliance under the Trash Provisions and this Order.

3. As of the effective date of this Order, each Permittee with applicable land use authorities has provided written notice to the Executive Officer of their intent to either install Full Capture Systems (Track 1) or to pursue Full Capture System Equivalency (Track 2). These notices were provided in accordance with the Santa Ana Water Board’s Orders dated June 2, 2017, issued pursuant to Water Code section 13383. The information previously submitted in response to the 13383 Orders may be used in whole or in part to satisfy the requirements of this subdivision.

B. Track 1
The following requirements of this section V.B. apply to Permittees that chose Track 1 pursuant to section V.A.1.:

1. Permittees must install, operate, and maintain Full Capture Systems in all storm drains that capture runoff from the priority land uses, designated land uses (if required by the Executive Officer), and equivalent alternate land use areas (if approved by the Executive Officer as specified in section V.B.2 below) in each Permittee’s jurisdiction, as defined in the Glossary and section V.A.1 of this Order.

2. The Permittees may request to substitute one or more of the priority land use areas with alternate land use areas within their jurisdiction that generate(s) rates of trash equivalent to or greater than the priority land use area(s) being substituted. The request must be made in writing and is subject to the Executive Officer’s approval. The Permittees must demonstrate in the request that the alternate land use area(s) generate rates of trash equivalent to or

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greater than the priority land use(s) being substituted. Comparative trash generation rates shall be based on quantified measures such as street sweeping and catch basin cleanup records; mapping; visual trash presence surveys, or other empirical information as required by the Executive Officer.

3. The Permittees must include the following information in their Annual Progress Report:
a. The type and location of all Full Capture Systems employed for the control of trash within their jurisdiction;
b. The status of all inspections and maintenance activities related to the Full Capture Systems, including the results of any investigations due to third party complaints;
c. A map with the following information:
i. Priority land uses;
ii. Designated land uses (if any);
iii. Equivalent alternative land uses (if any);
iv. Drainage areas;
v. Total area and percentage area served by Full Capture Systems; vi. Type and location of all existing and proposed Full Capture Systems.

4. Each Permittee first electing to follow Track 1 and then wishing to change to Track 2 must submit a Trash Implementation Plan that complies with section V.C.2. below within 6 months after notifying the Santa Ana Water Board of the proposed change. This plan is subject to review and approval by the Executive Officer.

C. Track 2
The following requirements of this section V.C. apply to Permittees that chose Track 2 pursuant to section V.A.1.:

1. Permittees must install, operate, and maintain any combination of Full Capture Systems, multi-benefit projects, other treatment control measures, and/or institutional control measures to attain Full Capture System Equivalency as defined in the Glossary and section V.A.1.b. of this Order.

Each Permittee shall demonstrate that such combinations achieve Full Capture System Equivalency. Each Permittee may determine which controls to implement to achieve compliance with the Full Capture System Equivalency; it is, however, the Santa Ana Water Board’s expectation that

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each Permittee will elect to install Full Capture Systems where such installation is not cost-prohibitive.

2. Each Permittee must carry out its trash control program according to a Trash Implementation Plan approved by the Executive Officer. Upon approval, the Plan must be implemented and maintained. The Plan must include the following:
a. The specific locations of all its significant trash generating areas; b. If locations or land uses of significant trash generating areas are different than priority land use areas, the Plan must include justification demonstrating that the selected land uses generate trash at higher or equivalent rates compared to priority land use areas;
c. The combination of controls selected, the rationale for the selection, and explanation of how they will achieve Full Capture System Equivalency (section V.A.1.b) by the milestones specified in section V.D of this Order.

3. The Permittees must include the following information in their Annual Progress Report:
a. The type and number of treatment control measures, institutional control measures, and/or multi-benefit projects have been used and their locations;
b. The number of Full Capture Systems installed (if any), their locations, and the individual and cumulative area served by them;
c. The effectiveness of the total combination of treatment control measures, institutional control measures, and multi-benefit projects employed to achieve Full Capture Equivalency;
d. The status of all inspection and maintenance activities, including the results of any investigations due to third party complaints. e. A map with the following information:
i. Priority land uses;
ii. Designated land uses;
iii. Equivalent alternative land uses;
iv. Drainage areas;
v. Total area and percentage area served by Full Capture Systems, multi-benefit projects, other treatment control measures, and/or institutional control measures;

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vi. Type and location of all existing and proposed Full Capture Systems, multi-benefit projects, other treatment control measures, and/or institutional control measures.

4. If a Permittee first elects to follow Track 2 and then changes to Track 1, they must provide written notice to the Executive Officer of their intent to install Full Capture Systems (Track 1). The Permittee must adhere to the Track 1 compliance milestones in section V.D.

D. Implementation Schedule
All Permittees shall report their status towards compliance with trash requirements of this Order annually in the Annual Progress Report. Permittees shall adhere to the milestone and final compliance deadline below:

1. Interim milestone – Within 4 years from the effective date of this Order, Permittees shall install, operate, and maintain Full Capture Systems (Track 1) or equivalent measures (Track 2) for 50 percent or more of the priority land use areas and equivalent alternate land use areas.

2. Final compliance – By December 2, 2030, Permittees shall install, operate, and maintain Full Capture Systems (Track 1) or equivalent measures (Track 2) for 100 percent of the priority land use areas, designated land use areas, and equivalent alternate land use areas, except for those designated land use areas that have been issued a time schedule by the Santa Ana Water Board.

In no case may the final compliance date in a time schedule for a designated land use areas be longer than ten years from the determination by the Santa Ana Water Board to designate a land use or location as a designated land use.

VI. RECEIVING WATER LIMITATIONS
Discharges of pollutants in runoff from the Permittees’ MS4s must not cause or contribute to a condition of nuisance or exceedances of water quality standards (as defined by Beneficial Uses and Water Quality Objectives contained in Chapters 3 and 4 of the Basin Plan and by other applicable state water quality control plans, and amendments thereto, or in federal regulations, including but not limited to 40 CFR sections 131.36 [National Toxics Rule] and 131.38 [California Toxics Rule]) for surface waters. Discharges from the MS4 that cause or contribute to the violation of receiving water limitations are prohibited.

A. Discharges of pollutants in runoff from the Permittees’ MS4s must use timely, iterative implementation of control measures and best management practices (BMPs) and other actions to reduce pollutants in discharges according to the conditions and provisions of this Order. If a condition of nuisance or exceedances of water quality standards persist, despite implementing control measures and

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BMPs and other actions, the responsible Permittees must achieve compliance with receiving water limitations according to section VI.E below.

B. Determinations that discharges are causing or contributing to exceedances of water quality standards will be based, in part, on assessments of water quality data which are performed according to scheduled cycles of monitoring, analysis, and reporting required in attached Monitoring and Reporting Program R8-2024- 0001 (Attachment C).

C. Permittees that have commingled MS4 discharges are jointly responsible for meeting the requirements of this Order. However, Permittees are only responsible for discharges from the MS4 for which they are owners and/or operators.

D. Where Permittees have commingled MS4 discharges to the receiving water(s), compliance in the receiving water(s) shall be determined for the group of Permittees unless an individual Permittee demonstrates that its discharge did not cause or contribute to the exceedance.

E. Any individual Permittee may demonstrate compliance with receiving water limitations by demonstrating any of the following:

1. There are no exceedances of the receiving water limitation for the specific pollutant in the receiving water(s) at, or downstream of, the Permittee’s discharge.

2. The Permittee’s discharge did not cause or contribute to the exceedance of the receiving water limitation. A demonstration that the Permittee did not cause or contribute to the exceedance of the receiving water limitation may be made through demonstrating that:
a. There was no discharge from the Permittee’s MS4 into the affected receiving water(s) during the relevant period.
b. The discharge from the Permittee’s MS4 was controlled to a level that it did not cause or contribute to the exceedance in the receiving water(s). c. There is an alternative source of the pollutant that caused the exceedance; that the pollutant is not typically associated with the MS4 discharges; and that the pollutant was not discharged from the Permittee’s MS4.

3. The Permittee is implementing an approved Watershed Management Plan, consistent with the actions and schedules therein, to address the applicable waterbody-pollutant combination pursuant to section XII of this Order.

For a waterbody-pollutant combination subject to an adopted TMDL, the Permittee has complied with the applicable water quality-based effluent

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limitation (WQBEL) for that waterbody-pollutant combination pursuant to section VII of this Order.

F. Except for water body-pollutant combinations subject to an approve Watershed Management Plan, all demonstrations of compliance must be according to methods that have been approved under Monitoring and Reporting Program R8- 2024-0001.

G. The Special Protections for Areas of Special Biological Significance (ASBS) contained in Attachment B to State Water Board Resolution No. 2012-0012, as amended or reauthorized by the State Water Board, are hereby incorporated into this Order. The Special Protections apply to discharges of pollutants in runoff from the City of Newport Beach’s MS4 to Newport Coast and Crystal Cove (ASBS 32 and ASBS 33, respectively) which are authorized by this Order. Where there are conflicts between this Order and the Special Protections, the most protective requirements, as determined by the Executive Officer, shall prevail. The Special Protections are accessible at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/201 2/rs2012_0012.pdf
VII. EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS
A. Effluent Limitations

1. Technology Based Effluent Limitations. Each Permittee shall reduce pollutants in stormwater discharges from the MS4 to the maximum extent practicable (MEP) according to the requirements of this Order.

2. Water Quality-Based Effluent Limitations. Each Permittee shall comply with applicable water quality based effluent limitations (WQBELs) specified in Appendices 2 through 13 of this Order, pursuant to applicable compliance schedules. The WQBELs in this Order implement Total Maximum Daily Loads (TMDLs) and are consistent with the assumptions and requirements of the TMDL waste load allocations (WLAs) assigned to discharges from MS4s.
2 The City of Menifee shall also comply with WQBELs or other requirements implementing TMDLs in accordance with the San Diego Regional Water Quality Control Board’s regional MS4 permit, Order R9-2013-0001, as amended by Orders R9-2015-0001 and R9-2015-0100

2. According to 40 CFR § 130.2, waste load allocations constitute a type of water quality-based effluent.

Pursuant to 40 CFR § 122.2, effluent limitation means any restriction imposed by the permitting authority on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources.

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NPDES NO. CAS0109266, as amended or reissued.3
B. General Compliance Provisions for Water Quality-Based Effluent Limitations (WQBELs)

1. The responsible Permittees identified in Appendix 1 must demonstrate compliance with the applicable WQBELs in Appendices 2 to 13 through any one of the means identified in this section VII.B or in the applicable Appendix.

2. Methods for demonstrating compliance with WQBELs must be approved by the Executive Officer as part of a Program Monitoring and Reporting Plan (PMRP) described in Monitoring and Reporting Program R8-2024-0001. A Permittee shall demonstrate compliance at the compliance monitoring locations identified in the PMRP unless a Permittee is implementing a Watershed Management Plan pursuant to section XII of this Order.

3. Permittees that have commingled MS4 discharges are jointly responsible for meeting the requirements of this Order. However, Permittees are only responsible for discharges from the MS4 for which they are owners and/or operators.

4. Where Permittees have commingled MS4 discharges to the receiving water(s), compliance at the outfall discharging to the receiving water(s) or compliance in the receiving water(s) shall be determined for the group of Permittees as a whole, unless an individual Permittee demonstrates that its discharge did not cause or contribute to the exceedance.

5. Where the final compliance deadline for achievement of a WQBEL has not passed, Permittees may demonstrate compliance through implementing an approved Watershed Management Plan, consistent with the actions and schedules therein, to address the applicable waterbody-pollutant combination pursuant to section XII of this Order.

6. Where a Permittee needs additional time to comply with a WQBEL, the Permittee may request a Time Schedule Order (TSO) pursuant to Water Code sections 13300 and/or 13385(j)(3) for the Santa Ana Water Board’s consideration. A Permittee seeking an extension of a compliance deadline, other than a final TMDL deadline, in an approved Watershed Management Plan does not need a TSO and may request the extension in accordance with the modification provisions in section XII of this Order. If a TSO is issued and the Permittee is in compliance with that TSO, the Santa Ana Water Board will not pursue further enforcement of violations involving the specific waterbodypollutant combination(s) addressed in the TSO while the TSO is in effect.

VIII. NEW DEVELOPMENT (INCLUDING SIGNIFICANT REDEVELOPMENT) 3 As of the date of this Order, no San Diego Water Board TMDLs assign wasteload allocations (WLAs) to the City of Menifee.

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To reduce the discharge of stormwater pollutants, effectively prohibit non-stormwater discharges, and protect receiving waters, the water quality impacts of development need to be addressed during each of the three major phases of planning, construction, and use. Accordingly, each Permittee must adopt and implement policies and procedures that are effective at integrating source control and treatment control measures as early in the land-use planning and development process as practicable.

A. Planning Requirements

1. The Santa Ana Water Board must be given the appropriate notices where a Permittee initiates an amendment or update of their General Plan which may directly, indirectly, or cumulatively impact beneficial uses, consistent with the requirements of Government Code section 65350 et seq. This requirement is separate from, and in addition to, any other obligations of the Permittees to provide notice to the Santa Ana Water Board as a Responsible Agency pursuant to CEQA with respect to planning, land use, development, construction, or site cleanup.

2. Permittees must review and update their existing plans and policies as needed to comply with the requirements of this Order.

3. Each Permittee must assess their planning and permitting process and if practicable, develop and implement strategies to overcome or remove barriers to implementing low impact development (LID) treatment control measures at the project, sub-regional or regional scales. For example:
a. Institutional Barriers – Developing sub-regional or regional facilities to treat runoff from areas where setbacks or lot line allowances limit on-site BMPs. Modify transportation standards to incorporate source control measures, and treatment control measures.
b. Physical Barriers – Developing sub-regional or regional facilities to treat runoff from areas where soil permeability on individual lots is low.

B. Priority Projects
Priority projects are a subset of projects that have a high potential to threaten water quality. Priority projects are identified as set forth in section VIII.B.5. below.

1. Each Permittee must identify priority projects from among its development applications that are subject to the planning and building authority or landuse authority of the respective Permittee.

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a. Priority projects that are subject to discretionary approval must have source control measures and treatment control measures; these controls must be documented in a WQMP for each project (section VIII.C below). b. Priority projects that require ministerial approval must have source control measures incorporated through ordinances, building standards, or similar standardized requirements; or a WQMP.

2. The requirements of this section VIII apply to initial project applications received by the Permittees on or after the effective date of this Order. The requirements apply to Permittees’ projects where design has been initiated on the effective date of this Order and thereafter. For enforcement purposes, the relevant requirements of Order R8-2009-0030 for Orange County, Order R8-2010-0033 for Riverside County, and R8-2010-0036 for San Bernardino County shall apply to initial project applications received by Permittees before the effective date of this Order.

3. Each Permittee must employ a standardized form, checklist, or similar mechanism to document the basis for classifying a project as a priority project. Each Permittee is responsible for ensuring the accuracy of information relied on in support of the Permittee’s classification.

4. Permittees must consider the whole of the action (per CEQA Guidelines in California Code of Regulations, title 14, section 15378) and the larger common plan of development in classifying a project; the Permittees must not parse out a project and avoid requirements of this Order.

5. The following categories of projects constitute priority projects:
a. Significant redevelopment projects that include the addition or replacement of 5,000 square feet or more of impervious surfaces on a developed site.
i. Redevelopment projects do not include those areas where impervious surfaces are replaced as part of routine maintenance activities that maintain the original line and grade, hydraulic capacity, level of service, or original purpose of a facility. ii. Redevelopment projects do not include those areas where impervious surfaces are replaced as part of the replacement, upgrade, or installation of dry utilities (e.g., gas, electric, and telecommunications), sanitary sewer, petroleum pipelines, and raw or potable water distribution lines in existing rights of way. iii. Where a redevelopment project results in the addition or replacement of 50% or less of the impervious surfaces of an existing developed site, and the existing development did not have a WQMP, the numeric sizing requirements for treatment control

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measures apply only to runoff from the impervious areas added or replaced and not from the entire developed site. If any part of the project is subject to a prior WQMP and there are deficiencies in the related pollution controls, the project must be required to correct the deficiencies.
iv. Where a redevelopment project results in the addition or replacement of more than 50% of the impervious surfaces of an existing developed site, the numeric sizing requirements must be applied to runoff from the entire development.
b. New developments that create a total of 10,000 square feet or more of impervious surfaces exposed to stormwater, including industrial, commercial, and mixed-use developments; public and private capital improvement projects; and subdivisions for single and multi-family dwelling units. This category includes public or private land development projects subject to the planning and building authorities of the Permittees. This category excludes public drainage improvement projects that do not involve new sources of pollution.
c. New automotive repair shops that engage in activities described by Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532 through 7534, and 7536 through 7539.
d. New eating places, described by SIC code 5812, where the area of land development is 5,000 square feet or more.
e. Hillside developments affecting 5,000 square feet or more, in areas with known erosive soil conditions or where the natural slope is 25% or more. f. Development that includes the construction of 2,500 square feet or more of impervious surface exposed to stormwater that is located within 200 feet of, or which discharges the site’s runoff into an Environmentally Sensitive Area where the discharge is not commingled with discharges from other sites.
g. Parking lots or other land areas/facilities for the temporary storage of motor vehicles, including the construction of 5,000 square feet or more of impervious surface exposed to stormwater.
h. New retail gasoline outlets that are either 5,000 square feet or more or are projected to receive an average daily traffic rate of 100 or more vehicles per day.
i. Improvement of existing street, road, highway, and freeways affecting 5,000 square feet or more of paved surface used for the transportation of vehicles. This category excludes routine maintenance projects associated with operations and maintenance activities that are

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conducted on existing lines and facilities and within existing right-of-way or easements.

C. General Requirements for Discretionary Priority Projects

1. Permittees must require priority projects which are subject to discretionary approval to use source control measures and treatment control measures to reduce pollutants in runoff discharged from the project site unless a waiver is granted according to section VIII.E. The treatment control measure(s) may be on-site or off-site.

2. Source control measures and treatment control measures must be designed to maximize retention of the site’s design capture volume unless such measures pose an unmitigable environmental hazard.

3. A Water Quality Management Plan (WQMP) documents mitigation of stormwater pollutants and hydrological impacts of a priority project that is subject to a Permittee’s discretionary approval. WQMPs must be prepared in compliance with this Order and written uniform technical guidance that has been approved by the Executive Officer. However, a WQMP is not required for a project which, in its entirety, is necessary to mitigate an emergency.

4. Uniform Technical Guidance Documents: The model WQMPs, Technical Guidance Documents, and other documents approved under the previous Order qualify as uniform technical guidance documents. However, they may contain conflicts with this Order. If there is a conflict, the requirements of this Order shall prevail.
a. To resolve potential conflicts, the Permittees must submit new or updated uniform technical guidance documents to the Executive Officer for approval within 24 months of the effective date of this Order. b. The uniform technical guidance documents must implement the requirements of this Order and be written for the benefit of persons responsible for preparing, reviewing and approving, enforcing, and implementing WQMPs.
c. The uniform technical guidance documents may be submitted so they are applicable regionwide, by county, or by watershed. The documents may be submitted for categories of projects, such as road improvement, commercial, or residential projects.
d. The Executive Officer will provide 30 days for public review prior to approving uniform technical guidance documents and subsequent amendments.
e. Permittees must ensure that project WQMPs are prepared and implemented according to the uniform technical guidance documents

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upon approval by the Executive Officer and the requirements in this Order.

Where there is a conflict, this Order shall prevail.
f. Except for inconsequential grammatical or technical corrections, changes to uniform technical guidance documents must be approved by the Executive Officer.

5. USEPA “Green Streets” Guidance: Improvement projects for existing streets, roads, highways, and freeways that meet the conditions below are required to prepare WQMPs according to uniform technical guidance documents approved under section VIII.C.4., above. If improvement projects for existing streets, roads, highways, and freeways do not meet the conditions below, they may be subject to alternative uniform technical documents that establish criteria for the selection of source control measures and treatment control measures according to the principles in USEPA guidance, “Managing Wet Weather with Green Infrastructure: Green Streets” (“Green Streets” Guidance). Alternative uniform technical documents that use the “Green Streets” Guidance must be approved by the Executive Officer. Projects that are ineligible to use the “Green Streets” Guidance:
a. Include an expansion of the existing right-of-way.
b. Include the addition or replacement of impervious surfaces as part of transportation improvements in the planned, ultimate right-of-way. c. Include the acquisition of new right-of-way for transportation.

6. Each Permittee must require a Preliminary WQMP for priority projects that are subject to discretionary approval as part of a complete application for a project. Permittees must prepare WQMPs for priority projects that they own.

The Preliminary WQMP must be subject to the Permittee’s approval. A Preliminary WQMP must be approved prior to the project’s approval by the Permittee’s decision-making body (e.g., city council, Board of Supervisors, etc.).

7. Prior to the start of construction on the priority project, the Permittees must approve a Final WQMP. If the project is phased, a Permittee must not allow final construction work to proceed on the subject phase of the project prior to approval of a project Final WQMP for that phase.

8. Permittees must provide that source control measures and treatment control measures are constructed, operated and maintained according to the Final WQMP.

9. Project WQMPs must be prepared by or under the supervision of a registered civil engineer.

10. Final project WQMPs must be approved by or under the supervision of a

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registered civil engineer acting on behalf of the Permittee.

11. Each Permittee must employ effective, uniform mechanisms to provide efficiency and consistency in their WQMP-approval process. The mechanisms must be subject to routine review by the Permittees during the term of this Order for the purpose of promoting the mechanisms’ continual improvement. The results of a review must be reported in the Annual Progress Report. Such mechanisms may include the following:
a. Standard instructions, drawings, processes, procedures, and methods. b. Standardized paper or electronic forms, checklists, and worksheets. c. Model language for project WQMPs or categories of project WQMPs. d. Standardized models, spreadsheets, web-based tools, and other software.
e. Prepared maps, tables, and other sources of information necessary for preparers and reviewers to evaluate the feasibility of pollution controls.

12. Permittees must require project proponents to identify, in each approved project WQMP, a source of available funding and a party that will be legally responsible for the long-term performance, operation, and maintenance of source control and on-site or off-site treatment control measures over the life of the project.

13. Permittees must provide that approved Final WQMPs are maintained in a manner that allows for their review by interested parties and facilitates the transfer of responsibility if a transfer of ownership or control of the affected project site occurs.

14. Permittees must require WQMPs to include descriptions of any covenants, conditions, restrictions, easements, or other similar mechanisms necessary for the WQMP’s implementation.

15. Permittees must maintain an electronic database adequate to identify sites affected by a Final WQMP that was approved after the effective date of this Order.
a. The database must be established within 18 months of the effective date of this Order. The database must include the following information:
i. Type of treatment facility. If a facility ‘type’ cannot be accurately identified using terminology found in published and generally accepted engineering design manuals, the facility must be identified as undetermined.
ii. For infiltration LID treatment control measures: depth of invert and

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screen interval, if applicable.
iii. Design manuals or other published standards applied to the facility’s design.
iv. Location by watershed and by a scale sufficient for location in the field.
v. Date first placed in service or date of initial issuance of occupancy permit.
vi. Identifying information for the party responsible for maintenance and their contact information, including emergency contact information.
vii. Records of substantiated performance, maintenance, or nuisance problems identified during any site inspections by the Permittees or brought to their attention.
b. Information in sections VIII.C.16.a.i, iv, vi, and vii for Final WQMPs that were approved prior to the effective date of this Order should be added to the database within the term of this Order.

16. Permittees must refer vector nuisance problems associated with treatment control measures to the local vector control district within 5 business days of the problem becoming known. The Permittees must cooperate with the local vector control district to remedy any confirmed nuisance problems.

17. The Permittees’ staff, contractors, or vendors responsible for preparing, reviewing, or approving WQMPs or for enforcing their implementation must be trained according to section XI of this Order.

18. Each Permittee must have effective standard processes to ensure that the project Final WQMP is internally consistent and free of internal conflicts.

19. As part of the project approval process, each Permittee must apply standard conditions of approval, or some other effective measure(s), that require the proper operation and maintenance of all source control measures and treatment control measures by the project applicant, their successors and assigns over the life of the project according to the approved project Final WQMP. Each Permittee must effectively enforce the measure(s).

20. Each Permittee must implement an effective mechanism to identify and correct missing, damaged, or deficient source control measures and treatment control measures during the construction of priority projects.

21. Each Permittee must either develop, publish, and apply or use existing published standards and guidelines developed for the purpose of providing that treatment control measures be readily inspected, serviceable and

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generally of a quality that is satisfactory to the Permittee.

22. Permittees are prohibited from permitting final occupancy or otherwise effectively issuing final approval of a priority project site until all source controls and, where applicable, treatment control measures are constructed, serviceable, and satisfactory to the Permittee.
a. Serviceable facilities must be in working order, maintainable, inspectable, and operate as intended.
b. Where deficiencies exist, the Permittee may permit temporary occupancy only if a time schedule to bring the site into compliance with the project Final WQMP is approved by the Permittee.
c. Permittees must require that certifications by the licensed professional engineer be affixed with said engineer’s stamp and maintained as part of the Final WQMP.

23. Each Permittee must have effective standard processes that provide the following:
a. Approved project Final WQMPs are retained using a system that allows for their retrieval for the life of the project.
b. Approved Final WQMPs are protected by the Permittee’s standard record protection practices if fire, information system failure or attack, or other loss or damage occurs.

D. General Requirements for Treatment Control Measures
The following provisions apply to treatment control measures constructed at the priority project site or off-site (section II.C.5). For off-site facilities see additional requirements in section VIII.K.

1. Treatment control measures must:
a. Be identified using standard terminology;
b. Not cause a condition of nuisance or pollution, as defined in Water Code section 13050;
c. Not be approved in a WQMP if they are located within waters of the U.S. unless the related discharges have been authorized pursuant to a Clean Water Act section 401 Water Quality Certification, waste discharge requirements, or waiver thereof;
d. Be sized to infiltrate, filter, or remove pollutants from the design capture volume or design capture flow to the maximum extent practicable from their respective tributary areas;

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e. Non-proprietary BMPs must be sized and designed in substantial conformance with standards and methods found in published and generally accepted engineering design manuals; unnecessary deviations from those standards and methods are prohibited. Where those manuals conflict with the requirements of this Order, this Order shall prevail; f. Proprietary BMPs must have had their expected performance over their anticipated service life substantiated by qualified independent third parties in field tests using published and recognized protocols. BMPs with performance certified as part of the Washington State Technology Assessment Protocol Ecology (TAPE) program, the New Jersey Corporation for Advanced Technology (NJCAT), or similar program, may be used to satisfy this requirement. Proprietary BMPs must be sized and designed in accordance with manufacturer guidance and the terms of applicable third-party certifications.

2. A single or set of treatment control measures that are volume-based must be sized to infiltrate, filter, or remove pollutants from any of the following design capture volumes from their tributary area:
a. The volume of runoff produced by a 24-hour, 85th percentile storm event.

The volume must be calculated using the applicable county’s 85th Percentile Precipitation Isopluvial map.
b. The volume of annual runoff produced by the 85th percentile, 24-hour rainfall event, determined as the maximized capture stormwater volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/American Society of Civil Engineers Manual of Practice No. 87 (1998).
c. 80% or more of the annual runoff volume, based on published and generally accepted methods (e.g., California Stormwater Best Management Practices Handbook – Industrial/Commercial). d. The volume of runoff, as determined from the local historical rainfall record, which achieves approximately the same reduction in pollutant loads and flows as would be achieved by treatment of the volume of runoff produced by an 85th percentile, 24-hour rain event.

Additional requirements for volume-based treatment control measures are set forth below in section VIII.I.

3. A single or set of treatment control measures that are flow-based must be sized to infiltrate, filter, or remove pollutants from any of the following design flows from their tributary area:
a. The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event.

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b. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two.
c. The maximum flow rate of runoff, as determined from the local historical rainfall record, which achieves approximately the same reduction in pollutant loads and flows as would be achieved by treatment of the flow produced by the 85th percentile hourly rainfall intensity multiplied by a factor of two.

4. Treatment control measures intended to retain the design capture volume must be designed to infiltrate, evaporate, evapotranspire, or use the volume over a period not to exceed a specified drawdown period. This drawdown period must be determined such that the combination of design capture volume and drawdown time achieve retention of 80% or more of the average annual stormwater runoff volume and such that it mitigates the risk of vectors and causing a nuisance. Any remaining volume must be passed on to another treatment control measure selected according to the requirements of this Order.

5. During the design phase, the design capture volumes and flows may be adjusted according to anticipated changes in hydrology due to climate change over the facility’s service life.

6. The design capture volume or flow may be treated by routing the runoff through multiple treatment control measures organized in series or parallel.

Permittees must require that the design capture volume or flow be calculated for each area tributary to a treatment control or group of treatment control measures.

7. Permittees must require practical and durable mechanisms designed to indicate the need for maintenance of treatment control measures. The mechanisms must also be designed to benefit the party responsible for longterm maintenance. The mechanism(s) must be readily identifiable and located on, within, or in close proximity to treatment control measures; such mechanisms must be documented in the related approved project WQMP.

8. Treatment control measures must be sized and designed by, or under the direction of, a registered civil engineer.

9. Treatment control measures must incorporate design features to minimize the entrainment and bypass of captured pollutants during routine maintenance, normal operation, or overflow.

E. Waiver of Treatment Control Measures
Permittees are authorized to waive the requirement to provide treatment controls to remove pollutants (see section VIII.D.1 above) if all the following conditions

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are met:

1. The employment of treatment control measures has been demonstrated in the project WQMP to be technically and economically infeasible; or there is no treatment control measure available for which the environmental and public health impacts can be mitigated to an acceptable level;

2. Source control measures have been incorporated to maximize the infiltration of runoff;

3. The Executive Officer was provided valid notice of the Permittee’s intent to issue the waiver, along with adequate supporting documentation, at least 30 days prior to issuance by the Permittee and approves the waiver. The Permittee shall submit the notice to the Executive Officer, upload a copy via SMARTS, and email to [email protected].

4. The Executive Officer shall approve or deny the proposed waiver within 30 days of receipt. If no action is taken within 30 days, the waiver shall be deemed approved.

F. Non-conforming Treatment Control Measures: Demonstration Facilities

1. As part of WQMPs, Permittees are prohibited from approving or allowing to be placed into service treatment controls which do not substantially conform to published and generally accepted engineering design criteria or whose expected performance has not been substantiated in field tests by qualified independent third parties using published and recognized protocols (nonconforming treatment control) unless the following requirements are satisfied:
a. The design of the non-conforming treatment control measure must be based on sound principles of operation and pollutant-removal mechanisms exhibited by similar conforming treatment control measures.
b. The tributary area of any single non-conforming treatment control measure is three (3) acres or less.
c. Collectively, the Permittees approve no more than ten (10) nonconforming treatment control measures in total in each county within the Santa Ana Region during the term of this Order.
d. Each non-conforming treatment control measure must be subject to a performance monitoring plan designed and carried out to substantiate the expected performance of the facility using published and recognized protocols. The results must be evaluated by a qualified independent third party.

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e. The results of the performance monitoring plan must be submitted to the Executive Officer if the responsible Permittee concludes that the expected performance of the facility is similar or better as compared to the most similar conforming treatment control measure.
f. The non-conforming treatment control measure is subject to all other requirements of this Order that do not conflict with the requirements of this section VIII.F.

2. Permittees must require replacement of a non-conforming treatment control measure with a conforming measure if the facility’s ability to remove pollutants falls below the performance of 85% of facilities in a distribution of a sample population of the most similar conforming measures (e.g., performance is less than approximately one standard deviation below the sample mean or less than the 15th percentile of the sample population’s distribution) or that the facility fails to perform to the Permittee’s satisfaction.

The Permittee must require financial assurance instruments that are adequate to carry out the replacement.

3. Permittees must report both the application for approval and approval of any non-conforming treatment control measures within their jurisdiction to the Principal Permittee in writing for coordination and reporting in the next Annual Progress Report.

4. The Principal Permittee is responsible for coordinating the Permittees in complying with the requirements of this section.

G. BMP Prioritization Hierarchy
The selection of treatment control measures for priority projects shall be prioritized according to the following hierarchy:

1. First Priority - Consideration of Retention LID Treatment Control Measures in WQMPs
a. The Permittees must require that LID treatment control measures that employ harvest and use, evaporation/transpiration, infiltration (collectively, retention LID treatment control measures), or any combination thereof, of the entire design capture volume be given preference and first consideration in all WQMPs. That consideration must be demonstrated in the approved final WQMP in substantial conformance with uniform written technical guidance (see section VIII.C.3.e).
b. The Permittees must require retention LID treatment control measures for the design capture volume, or the maximum portion thereof, unless such controls are:

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i. Technically infeasible;
ii. Economically infeasible; or
iii. Where environmental and public health hazards of retention LID treatment control measures cannot be mitigated to an acceptable level.
c. Permittees must document the specific basis for the rejection of retention LID treatment control measures in the approved final WQMP. The rejection of retention LID treatment control measures must be supported with Substantial Evidence, as defined in the Glossary.
d. The Permittees must require the project applicant to mitigate the environmental and public health hazards of retention LID treatment control measures.
i. Mitigation is limited to activities that may be reasonably undertaken as part of the development project and are within the authority of the Permittees to mandate.
ii. Mitigation is not necessary if the costs disproportionately outweigh the pollution control benefits; any such finding must be documented in the final WQMP and be supported with Substantial Evidence.

2. Second Priority Consideration of Biotreatment Control Measures in WQMPs
a. The Permittees must require that treatment control measures that employ biological uptake, transformation, or degradation of pollutants and incidental infiltration and evapotranspiration (biotreatment control measures) be given secondary consideration in the project final WQMP, in cases when any of the following conditions can be demonstrated based on Substantial Evidence:
i. Retention LID treatment control measures have been demonstrated to be technically or economically infeasible;
ii. The hazards of using retention LID treatment control measures cannot be mitigated to an acceptable level; or
iii. A retention LID treatment control measure is proposed but cannot be sized to treat the tributary area’s entire design capture volume and a complementing biotreatment control measure can be designed to treat the remainder of the design capture volume or flow or a portion thereof.
b. When retention LID treatment control measures are demonstrated to be infeasible, the Permittees must require biotreatment control measures

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unless such controls are:
i. Technically infeasible;
ii. Economically infeasible; or
iii. Where the environmental and public health hazards cannot be mitigated to an acceptable level.
c. Where biotreatment control measures meet the above criteria, the Permittees must document the specific basis for their rejection in the approved final WQMP. The rejection of biotreatment control measures must be based on Substantial Evidence.
d. The Permittees must mitigate the environmental and public health hazards of biotreatment control measures to an acceptable level.

Mitigation is not necessary if the costs disproportionately outweigh the pollution control benefits; any such finding must be documented in the final WQMP and be supported with Substantial Evidence.
e. Biotreatment control measures must be designed to maximize the infiltration of the design capture volume or flow unless such measures pose an unmitigable environmental hazard or are otherwise infeasible.

3. Third Priority Consideration of All Other Treatment Control Measures:

Non-LID Treatment Control Measures
Non-LID treatment control measures shall be considered only after LID treatment control measures have been considered and rejected according to sections VIII.G.1 and VIII.G.2 above. Non-LID treatment control measures shall be considered as third priority control measures and selected according to this section.
a. The Permittees must maintain and employ a common schedule which rates the expected performance of specific treatment control measures, or categories of treatment control measures.
i. The performance of treatment control measures must be rated based on the reasonably-expected level of removal of categories of pollutants. The performance ratings must be classified as high, medium, or low level of removal.
ii. Any category of treatment control measures must include only those controls that employ the same principal of operation; use similar treatment mechanisms, and which can reasonably be expected to exhibit similar performance in the removal of pollutants.

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iii. The Permittees’ assignment of the expected level of performance for the treatment control measures must be based on best available evidence. The evidence must include field performance test data specific to the control measures, and the data must have been collected according to published and recognized protocols and evaluated by a qualified independent third party. Performance data published in a public database, such as the International Stormwater BMP Database, may be used to satisfy this
requirement. Performance certifications from a third-party product testing program (e.g., TAPE, NJCAT) also may be used to satisfy this requirement.
iv. The categorizations of treatment control measures and their performance ratings must be reviewed and updated as part of updates to the approved uniform technical guidance documents so that they are supported by the best available information. b. The Permittees must maintain and employ a common schedule of project categories and a corresponding common list of pollutants which can reasonably be expected to be found in urban runoff from those project categories.
c. If non-LID treatment control measures, or systems of non-LID treatment control measures, are the only type of treatment control measure employed to treat the design capture volume or flow from a tributary area of a project, the Permittees must only accept the use of non-LID treatment control measures, or systems of non-LID treatment control measures, that provide either a medium or high level of treatment for the expected pollutants.
i. The Permittees must use the performance rating schedule in section VIII.G.3.a above and the project category schedule in section VIII.G.3.b above to identify acceptable non-LID treatment control measures for a project.
ii. Approved WQMPs must reflect the use of this prescribed methodology.

4. Fourth Priority Consideration of Offsets through Retrofit of Existing Development
Permittees must require that project proponents give fourth priority consideration to offsetting all or any portion of the untreated design capture volume or flow with treatment of the same or greater design capture volume or flow using treatment control measures (according to sections VIII.F.1, VIII.F.2 and VIII.F.3 above) that are constructed through retrofits of existing development at an off-site location.

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a. The retrofit, treatment control measure site must be located within the same watershed of the nearest receiving water as the priority project. b. The off-site location must not have a pending or submitted development application which would produce similar treatment control measures on its own.
c. The treatment control measure(s) selection process at the off-site location must be subject to the requirements of section VIII as applicable. d. The operator of the treatment control measure(s) at the retrofit site must be subject to requirements in the project Final WQMP or another equally effective mechanism that provides for its proper operation and maintenance.
e. Future redevelopment projects on either the retrofit site or the project site using the retrofit option must consider incorporation of treatment control measures according to the requirements of the Order in effect at the time. f. The Executive Officer is authorized to prohibit off-site facilities under this section if the programs are found to be abused or risk causing or contributing to violations of receiving water standards.

H. Post-Construction Treatment Control Credit Programs
This Order authorizes the Permittees to allow the transfer of design capture volume or flow credits to priority projects. These credits may be used by a priority project to satisfy requirements in this Order to treat the design capture volume or flow from the project and to address changes in hydrology according to section VIII.L. Credit programs using treatment control measures are subject to the following limitations:

1. The credits shall only be generated when an LID treatment control measure has been designed and is operated to treat the design capture volume or flow from a tributary area that exceeds or does not include the area of a proposed priority project. The generation of the credits by the LID treatment control measure, as a unit of trade, must be directly related to a unit of design capture volume or flow treated by the control measure (e.g., acre-foot, cfs, etc.) generating the credit. Credits must be revocable if the facility is abandoned or is not operated and maintained in substantial conformance with best practices.

2. Credits may only be generated based on the design capture volume or flow produced by the area tributary to, and treated by, the LID treatment control measure. Upsizing a facility to treat in excess of the design capture volume or flow from the tributary area is not allowed. The installation of the LID treatment control measures for credit generation purposes may occur

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independent of a priority project; in this case, the entire design capture volume or flow may be traded. If the facility is installed in association with a priority project, only the design capture volume or flow from an area outside of the project boundary may be traded.

3. The credits must be generated by an LID treatment control measure, such as a retention basin, which is located on property owned or controlled by the proposed credit generator. The property on which the credit generating facility is located and the property which intends to use the credits need not be contiguous. However, credits must not be allowed to be applied to projects outside of the watershed of the nearest receiving waters of the U.S. in which the LID treatment control measure is located.

4. The selection process for the credit generating LID treatment control measures must give first priority consideration to retention LID treatment control measures. The basis for selection must be documented in a plan according to section VIII.G, but not necessarily in a project WQMP. The plan must be subject to the same requirements in this Order related to providing that the plan is readily discoverable by interested parties and protected over the life of the related projects.

5. The credit generating LID treatment control measures must be subject to applicable provisions of sections VIII.D, VIII.F, VIII.G, VIII.K, and VIII.L of this Order. Where there is a conflict, the provisions of this section prevail.

6. The credit generating LID treatment control measures must be constructed, verified, serviceable, and satisfactory to the responsible Permittee prior to final occupancy or use of the first project that is entitled to use the credit generated by the facility.

7. Prior to allowing credit trading, the Permittee(s) within whose jurisdiction(s) the affected projects are located must employ an effective system of accounting and controls to provide those credits are sold and used once, to relate all uses of credits to the originating LID treatment control measure or credit generating BMPs, to track the ownership and use of credits, and to protect against fraud and abuse.

8. Long-term operation and maintenance of all credit generating LID treatment control measures must be verified by the responsible Permittee(s), whether owned by the Permittee(s) or another entity. To do so, legal and financial safeguards must be in place to protect the project for the duration of its life.

As long as the credit generating project is maintained and meets performance standards, the credits generated may remain available for purchase until sold.

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9. A credit trading program must have measures in place to account for variables associated with a project, including but not limited to the following:
risk of project failure, BMP effectiveness, measurement uncertainty, attenuation of a pollutant between the locations of the generator and the user of credits, and temporal variability.

10. Credit generation and use must not result in adverse impacts and have sufficient standards in place to protect public health with an adequate margin of safety for the population within the area. Projects cannot have any disparate impacts.

11. Permittee(s) must report credit trading program implementation and performance over the past year in the Annual Progress Report.

12. Credit trading programs must be implemented according to a credit trading program that has been reviewed and approved by the Executive Officer. The Executive Officer shall publicly notice and make available the proposed credit trading program a minimum of 30 days for public review and comment prior to approval. The Executive Officer shall consider all comments received and may also require amendments or modifications to a proposed credit trading program prior to approval.

13. Insufficient credit balances or failure to meet other credit trading program conditions as required by section VIII.H. of this Order constitutes a violation of this section.

I. Specific Requirements for Infiltration LID Treatment Control Measures The requirements of this section apply to retention LID treatment control measures that are intended to infiltrate the entire design capture volume or a portion thereof (infiltration LID treatment control measures). The requirements of this section are not intended to apply to bio-treatment control or other treatment control measures that incidentally infiltrate a portion of the design capture volume or flow.

1. The vertical separation from the bottom of the infiltration LID treatment control measures to the seasonal high groundwater must be 10 feet or more unless the facility is known to pose a low risk of contaminating groundwater; if the facility is low risk, the vertical separation may be reduced to 5 feet according to criteria established in the Permittees’ written technical guidance. Where the groundwater does not support, or does not have the potential to support, beneficial uses, the Permittee may approve infiltration LID treatment control measures with less vertical separation, provided that groundwater quality is maintained and that other potential hazards presented by such facilities can be mitigated to an acceptable level.

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2. The approval of any infiltration LID treatment control measure with a vertical separation from the bottom of the facility to groundwater that is less than 10 feet must be based on site-specific information on groundwater depth.

3. Infiltration LID treatment control measures must be located a minimum horizontal distance of 100 feet from any water supply wells.

4. The construction method must not result in the compaction of the subgrade of infiltration LID treatment control measures.

5. Infiltration LID treatment control measures must be designed to infiltrate in substantial conformance with minimum or maximum rates recommended in published and generally accepted engineering design manuals. This provision does not prohibit the use of engineered infiltration substrate or other methods used to bring the infiltration rate within the recommended design parameters.

6. Infiltration LID treatment control measures which are proposed to be located over known soil or groundwater contamination must not be approved without an evaluation of potential adverse impacts to groundwater conditions based on Substantial Evidence.

7. Infiltration LID treatment control measures used to treat stormwater runoff associated with industrial activity, stormwater runoff from areas subject to motorized vehicular traffic of 25,000 average annual daily traffic, motorized fleet vehicle storage, or other land uses or activities that pose a threat to groundwater quality must employ design features that allow flow into the facility to be readily blocked if an accidental spill or release occurs.

8. Infiltration LID treatment control measures must incorporate one or more practical mechanisms to allow verification of the drawdown rate of the design capture volume. The mechanisms must be durable and useful over the life of the project and designed for the benefit of the party responsible for the operation of the facility.

9. Infiltration LID treatment control measures which constitute Class V Injection Wells must comply with all applicable County and municipal well construction or destruction ordinances and standards, and USEPA’s Class V Rule, as amended or revised.

10. Treatment control measures must be provided to pretreat and remove pollutants that could unreasonably diminish the performance of the infiltration LID treatment control measure for the duration of the project.

11. The Permittees must develop, publish, and employ a common factor(s) of safety in their written technical guidance that must be used to size infiltration facilities. The factor(s) of safety must be based on those recommended in published and generally accepted engineering design manuals.

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12. The Permittees must develop, publish, and employ a uniform protocol in their written technical guidance for estimating the drawdown rate used for designing LID treatment control measures that infiltrate. a. The protocol must be consistent with those used in independent, published and generally accepted engineering design manuals. b. The protocol must employ the best available information for estimating the loss rate.
c. The Permittees must use relevant site-specific methods to estimate soil infiltration rates for the following categories of priority projects:
i. Residential projects affecting more than 10 acres or greater than 30 dwelling units.
ii. Commercial or institutional projects affecting more than 5 acres or greater than 50,000 square feet building footprint.
iii. Industrial projects affecting more than 2 acres or greater than 20,000 square feet of building footprint.

J. Specific Requirements for Harvest and Use LID Treatment Control Measures
The Permittees must not accept insufficient demand for harvested stormwater as the sole basis for rejecting Harvest and Use LID treatment control measures (see Glossary) unless the basis is supported by water demand calculations.

Calculated estimates must demonstrate that the expected wet season (November 1
st
- April 31st) water demand is insufficient to use the harvested design capture volume within the appropriate drawdown period (see section VIII.D.4) according to the following:

1. The Permittees must publish and employ tables of daily average wet season demand rates and objective project characteristics necessary to provide sufficient demand for harvested stormwater. The demand rates must be used for estimating anticipated non-potable uses of harvested stormwater. a. The rates and thresholds must be based on independent, published and generally accepted rates or methods for calculating average daily wet season demand of harvested stormwater for non-potable uses such as toilet and urinal flushing, landscape irrigation, industrial process supply, evaporative cooling, and vehicle washing.
b. The rates and thresholds must account for the off-setting effects of rainfall, reclaimed water, water conservation or the inconsistent nature of demand.

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c. Reclaimed water supplies must be based on available supplies, not speculative supplies.

2. Where demand rates are dependent upon variable site occupancy, average daily occupancy during the wet season must be used.

K. Off-Site Treatment Control Measures: Regional and Sub-Regional Facilities

1. Permittees must require that treatment control measures be located on the project site except under the following conditions:
a. A regional or sub-regional BMP has been planned and approved by the Permittees’ land-use authority, or other public agency; b. A party responsible for the facility’s performance (Operator) will maintain ownership or control over the facility over the life of projects located within the facility’s tributary area;
c. Any treatment control measures deemed necessary by the Operator to pre-treat and remove pollutants that could unreasonably diminish the performance of the facility or cause or contribute to a condition of nuisance over its service life have been provided in the project final WQMP;
d. The regional or sub-regional facility is constructed, serviceable, and satisfactory to the Permittee, as soon as possible but no later than two years following the first occupancy of any project site in its tributary area. e. The type of regional or sub-regional facility is selected based on the prioritization hierarchy in section VIII.G.

2. Where a treatment control measure has been approved or constructed according to a final project WQMP, the Permittees are authorized to amend the relevant project WQMP(s) to replace the facility and, if applicable, decommission of the facility, only if:
a. The facility’s design capture volume or flow will be treated by an off-site facility that has been reviewed, designed, and approved according to the requirements of this Order;
b. The expected performance of the off-site facility in removing pollutants from its effluent is equal or better than the combined expected performance of the facilities that it will replace; and c. Permittees employ decommissioning standards and conditions which effectively address the hazards that the decommissioned facility may pose.

L. Hydrologic Conditions of Concern

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To mitigate Hydrologic Conditions of Concern (see Glossary), Permittees must have an effective program that protects the physical, chemical, and biological integrity of waters receiving runoff from new development and significant redevelopment over the development’s expected life.

1. Permittees must limit changes in a priority project site’s hydrology over the expected life of the project in the project WQMP according to the requirements of this section, except under any of the following conditions:
a. The runoff volume and time of concentration for the two-year frequency, 24-hour storm event are limited such that:
i. The calculated runoff volume from the site increases by not more than 10% over the pre-project condition or
ii. The calculated time of concentration for runoff from the site decreases by not more than 10% over the pre-project condition. b. The project has the demonstrated capacity to infiltrate, harvest and use, evaporate, or evapotranspire the change in volume of runoff produced by a two-year 24-hour storm event within a 48-hour period between preand post-development land use cover type within an appropriate drawdown period (section VIII.D.4).
c. All conveyance channels and retention or detention facilities downstream from the priority project are engineered, maintained, and monitored so that the cumulative changes in hydrology will not affect the channels’ physical or biological integrity. Related assessments of downstream conveyance channels and facilities must be substantiated using published and generally accepted methods and documented. A representative monitoring program must be carried out for vulnerable channels as part of the Monitoring and Reporting Program to support the reliability of the assessments.
d. A Clean Water Act section 401 Water Quality Certification, Waste Discharge Requirements, or waiver thereof, has been issued authorizing discharges of fill associated with channel modifications that would accommodate the project’s changes in hydrology while protecting beneficial uses through on site or off-site mitigation according to the conditions or provisions of the authorization.
e. The Executive Officer grants an individual (for specific conveyance channels or reaches) or general (categories of conveyance channels or reaches) waiver in writing to the Permittee(s).
i. The granting of such waivers must be supported by objective and

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relevant studies.
ii. The Permittees must comply with any conditions placed on the issuance of the waiver by the Executive Officer.
iii. The Executive Officer must provide the public an opportunity to comment on the proposed waiver for a period of not less than 30 days prior to its issuance.
iv. The Executive Officer may withdraw a granted waiver if new information indicates that the waiver is not effective in protecting the physical and biological integrity of the affected waters.

2. For those priority projects that do not meet the exceptions in section VIII.L.1 above, the Permittees must mitigate Hydrologic Conditions of Concern according to the following conditions:
a. The project WQMP must include a hydrology study that quantifies the pre- and post-project runoff volumes, peak flow rates, and times of concentration for a 2-year, 24-hour storm event.
b. Except for those conditions in section VIII.L.2.c, the project WQMP must provide structural control measures that modify runoff volumes and times from the project site for the 2-year, 24-hour storm event such that:
i. Post-project runoff volumes for the 2-year, 24-hour storm event do not increase by more than 10% compared to the pre-project runoff volumes for the 2-year, 24-hour storm event; and,
ii. Post-project times of concentration for the 2-year, 24-hour storm event do not decrease by more than 10% compared to the preproject times of concentration for the 2-year, 24-hour storm event. c. BMPs must be provided in accordance with section VIII.L.2.b unless:
i. Source and/or treatment control measures either on-site or off-site already effectively modify runoff volumes and times of concentration such that they satisfy Section VIII.L.2.b above.

IX. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM (IDDE) Each Permittee must have a program that effectively prohibits illicit connections and illegal discharges into their respective MS4s.

A. General

1. Each Permittee must employ an effective mechanism for the public to report known or suspected illegal discharges and illicit connections.

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a. Each Permittee must have a reporting mechanism that is continuously advertised to the public.
b. Each Permittee must advertise the availability of services that allow residents to dispose of wastes that have the potential to be discharged to their MS4s (e.g., Household Hazardous Waste Program, electronics recycling, etc.).

2. Each Permittee must implement an effective program to detect illicit connections and illegal discharges; to trace the source of illicit connections and illegal discharges; and to eliminate or permit such discharges and connections.
a. Each Permittees’ program may be part of or in support of a comprehensive program led by the Principal Permittee.

The Permittees’ program must be described in written processes and procedures that addresses the required program elements in 40 CFR section 122.26(d)(2)(iv)(B)(1-7).
b. Each Permittee must employ an information system that tracks instances of known or suspected illicit connections and illegal discharges within their respective jurisdictions.
i. The database must be designed to document and track compliance with the requirements of this section.
ii. The database should be designed to guide the Permittees’ most effective use of resources towards satisfying the requirements of this section.
c. The Permittees must maintain maps of their respective MS4s that contain information of sufficient detail and quality to trace the source of suspected illicit connections and illegal discharges in a timely manner. i. The maps must be reviewed, updated, and uploaded to SMARTS as part of the Annual Progress Report.

3. The Permittees’ program must develop and implement procedures for source investigation of illicit connections and illegal discharges. The source investigation must be initiated within three (3) business days of the Permittee becoming aware of a suspected illicit connection or illegal discharge, and in substantial conformance with the procedures.

4. When the source of an illicit connection or illegal discharge is discovered, the Permittee(s) must take action to eliminate the discharge or connection or require that it be subject to appropriate NPDES Permit(s) within 90 days of discovery.

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B. Sanitary Sewer Overflows
Sanitary Sewer Overflows (SSOs) shall be treated as a sub-class of illegal discharges subject to the following additional requirements:

1. The Permittees shall provide local sanitation districts 24-hour access to the MS4s to address sewage spills and shall provide updated contact information to enable such access.

2. The Permittees shall have effective policies and procedures in place to work cooperatively with the local sanitation districts to determine and control the impact of infiltration from leaking sanitary sewer systems on stormwater quality.

3. Each Permittee shall implement control measures necessary to detect infiltration of seepage and leakage from sanitary sewers to the storm drain systems.

4. For those Permittees that own or operate sanitary sewer systems over one mile in length, the State Water Board has established minimum requirements to prevent and mitigate SSOs in Order No. 2022-0103-DWQ, “Statewide General Waste Discharge Requirements for Wastewater Collection Agencies”.

5. The Permittees that are not subject to the requirements of Order No. 2022- 0103-DWQ, or subsequent renewals, must implement an effective program to detect and mitigate SSOs that may discharge into their MS4s in cooperation with the sewage collection/treatment agencies. These Permittees’ SSO program(s) must be comprised of the following elements:
a. Written procedures for responding to and containing SSOs that may discharge into its MS4 in cooperation and coordination with the sewage collection/treatment agencies. Permittees must respond to SSOs that may discharge into their MS4s according to the written response procedures unless there is a cause to believe that such a response would not be most effective under the circumstances.
b. A field training program for Permittees’ staff responsible for responding to SSOs.
c. An awareness-level training program for Permittees’ field staff most likely to initially detect SSOs.
d. If necessary, executed Memorandum/Memoranda of Understanding (MOU) for delineating jurisdictional and financial responsibilities for the program.
e. Where illicit connections or illegal discharges known to originate outside

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of the Permittee’s jurisdiction are identified, the Permittees shall notify the responsible party and the Executive Officer of the discharge. f. Permittees must maintain records adequate to demonstrate that they implemented the SSO program and its elements; records must be maintained for a minimum of five (5) years.

6. Each Permittee is responsible for documenting and reporting the outcomes of efforts to detect and mitigate SSOs that may or have discharged into their MS4s in the Annual Progress Report.

7. Permittees with septic systems in their jurisdiction shall maintain a current inventory of septic systems to allow for the quick identification of potential sources of illicit connections or illegal discharges.

C. Mobile Businesses
Upon identification of an illicit non-storm water discharge from a mobile business (i.e., automobile wash/detail services, carpet cleaners, and pet services), the Permittees must require elimination of the non-storm water discharge.

X. PUBLIC EDUCATION AND OUTREACH
The Permittees must implement a public education and outreach program consistent with the requirements of 40 CFR section 122.26(d)(2)(iv). The program must be designed to measurably: 1) raise awareness of pollutionprevention best practices, 2) cause the audience to take action(s) to reduce pollutants in runoff from MS4s, and 3) increase awareness about the importance of stormwater management for public health/community health, environmental quality, and local water resilience.

A. The audiences that the program must include:

1. The general audience, consisting of all residents and commercial and industrial establishments; and

2. Target audiences selected from the general audience to address high priority runoff pollution issues as identified by the Permittees in accordance with this section. Target audiences may include, but are not limited to, mobile businesses, homeowner associations, universities and schools, disadvantaged communities, etc.

B. The Principal Permittees are responsible for developing and coordinating a unified communication strategy and for monitoring and reporting the effectiveness in achieving the goals and objectives of the program.

C. Public Education Campaign: The Permittees must implement a public education campaign according to a written plan to address high priority runoff

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pollution goals over the term of this Order. A pollution goal may be to reduce certain polluting behaviors in target audiences, increase public participation in reporting certain discharges, increase public stewardship of certain waterbodies, or other similar goals. A public education campaign may be a continuation of activities occurring before the adoption of this Order and continue after its expiration, and/or build upon existing programs. The Permittees must:

1. Identify specific pollution goals and related measurable objectives of the public education campaign(s). Issues may be identified for the entire permit area, for each watershed, or for each city;

2. Prioritize its runoff pollution goals based on available water quality data, public survey results, local conditions, social science research, and other objective information as appropriate;

3. Identify and analyze target behaviors and target audiences to achieve the selected pollution goals;
D. The Permittees must provide effective written publications and website content to assist construction and industrial dischargers in controlling pollutants in stormwater runoff. Written publications must be available to the Permittees’ inspectors for distribution to inspected facilities as needed.

E. Each Permittee must conduct, no later than 60 months from the effective date of this Order, at least one effectiveness assessment/evaluation of their outreach efforts during the permit term. Assessment methods may include:

1. Measurement of the general audiences’ knowledge of runoff pollution and changes in the general audiences’ behavior(s) that have occurred to prevent runoff pollution;

2. Measurement of specific changes in behavior(s) in the audience targeted through the public education campaigns described in section X.D that have occurred to achieve the associated high priority MS4 runoff pollution goals(s).

G. Results of the assessment(s) must be summarized in the applicable Annual Report, and shall include the following:

1. A summary of how the effectiveness assessment/evaluation was implemented;

2. An analysis of the results of the effectiveness assessment/evaluation;

3. A discussion of the planned or future outreach campaigns to influence awareness and/or behavior changes regarding stormwater runoff pollution prevention measures.

XI. TRAINING PROGRAMS

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Each Permittee must have an effective training program for their staff, contractors, and vendors whose duties or responsibilities directly or indirectly affect the Permittee’s capacity to satisfy the requirements of this Order (collectively, personnel).

The training program should be developed to address the following:

A. Target audience

1. The training program shall consider all applicable Permittee staff, including but not limited to stormwater program managers, CEQA practitioners, construction/industrial/commercial/residential inspectors, planners, plan checkers, engineers, maintenance personnel, managers of all the above staff, and contractors and vendors who perform duties of these staff.

2. The training program shall identify the knowledge and skills necessary for all personnel, commensurate with their duties and program responsibilities.

B. Frequency of training

1. Personnel covered under section XI.A.1 above must receive training for the purpose of effectively performing or overseeing duties or responsibilities that directly or indirectly affect the Permittee’s compliance with this Order. These include duties or responsibilities to perform or oversee activities to directly comply; duties or responsibilities that, if performed incorrectly, may result in violations; and duties or responsibilities that may directly or incidentally detect violations or lapses in program performance.

2. Personnel must undergo training annually, except that field inspectors must undergo training once per two years. New hires must receive their initial training within 6 months of their hire date.

C. Reporting

1. Each Permittee must maintain records demonstrating that personnel have satisfied the requirements of the training program. Records must be maintained for a minimum of five (5) years.

2. Training records may be maintained for staff and contract vendors as a part of a regionwide training registry to facilitate the transferability of records, or through another mechanism acceptable to the Executive Officer.

D. Training curriculum

1. The training module for each category of personnel shall define the required competency, outline the curriculum, and include a testing procedure at the end of the training program to determine that trainees have acquired the requisite knowledge to carry out their duties. Training modules shall provide

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proof that personnel have completed training, such as a Certificate of Completion, attendance sheets, or other equivalent method.

2. Training materials must be written in plain, straightforward language, avoiding technical terms as much as possible, and using a coherent and easily readable style.

3. Each Permittee must employ a method that objectively demonstrates that, upon completion of training, personnel individually have the necessary level of knowledge and skill commensurate with their duties and responsibilities.

4. The Principal Permittee must establish a documented training curriculum for use by the Permittees. The contents of the curriculum must be commensurate with the duties and responsibilities of the affected personnel.

E. Adaptive management of the training program
The training program must be reviewed annually for the purpose of achieving continual improvement of its effectiveness and must be updated accordingly.

XII. WATERSHED MANAGEMENT PLANS
Participation in a Watershed Management Plan (WMP) is a voluntary, alternative compliance option for Permittees that gives them the flexibility to implement the requirements of this Order on a watershed scale through watershed-specific strategies, control measures, and BMPs. Specifically, the development and implementation of, and the Permittees’ compliance with, WMPs according to this section will serve as an alternate method to comply with receiving water limitations in section VI (Receiving Water Limitations) and/or with WLAs that are expressed as WQBELs in section VII (Effluent Limitations and Discharge Specifications). WMPs may only be used for WQBELs whose final compliance deadlines have not yet passed or where no final compliance deadline is specified. This section and other requirements in this Order pertaining to WMPs do not apply to Permittees not participating in an approved WMP.

A. Watershed Management Plan Development

1. To initiate the process of developing a WMP, the responsible Permittees must provide a written Notice of Intent (NOI) to the Executive Officer. The NOI must indicate their intent to develop a WMP to achieve WQBELs and/or receiving water limitations within a watershed. A Permittee may only develop a WMP for compliance with WQBELs where the final compliance deadline has not passed, or no final compliance deadline is specified.

2. Permittees must provide notice of their preparation of WMPs either “proactively” or “reactively” as follows:

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a. Proactive preparation of WMPs: Permittees may proactively develop a WMP by providing an NOI to the Executive Officer within 90 days of the effective date of this Order. If a new TMDL is adopted and this Order is amended to incorporate the WLA as a WQBEL, Permittees may proactively develop a WMP for that waterbody-pollutant combination by providing an NOT to the Executive Officer within 90 days of the effective date of the amendment.
b. Reactive preparation of WMPs: Permittees may reactively prepare a WMP in response to a violation of receiving water limitations in section VI of this Order if there is no corresponding WLA expressed as a WQBEL.

Permittees must provide an NOI to the Executive Officer no more than 90 days after receiving notice of such violation. Permittees who do not submit an NOI during this period are not eligible to use WMPs as an alternative compliance method. WMPs may not be reactively prepared for compliance with WQBELs.

3. A single NOI may be submitted for multiple waterbody-pollutant combinations and WMPs.

4. A valid NOI must include the following elements:
a. Identities of the responsible Permittees who will be participating in the development of the WMP.
b. Copies of any available executed or draft agreements that are necessary to develop the WMP.
c. The contact information for representatives for each of the responsible Permittees.
d. Descriptions of the pollutants and management area (watershed) over which the WMP will apply.
e. Descriptions of any models or similar analyses that may be used to prepare the WMP.
f. A schedule for the development of the WMP that is as short as practical.

The final deadline for submitting a final WMP shall not exceed 24 months from the date of the NOI. The development schedule shall provide clear, specific milestones with deadlines as well as a final deadline for the development of the final WMP. Of these milestones, the development schedule must identify a minimum of three (3) critical milestones, excluding the final deadline. Critical milestones and the final deadline are enforceable. The combination of non-critical milestones and enforceable, critical milestones must be sufficiently detailed to allow early detection of any deviations in the schedule that may cause the Permittees to miss critical milestones or the final deadline for submitting the final WMP.

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5. The Executive Officer is authorized to accept or reject an NOI and to designate critical milestones. Upon the Executive Officer’s rejection of an NOI, Permittees must immediately comply with the WQBELs and receiving water limitations for the subject waterbody-pollutant combination. If an NOI includes multiple waterbody-pollutant combinations, the Executive Officer may accept an NOI with respect to specific waterbody-pollutant combinations while rejecting others.

6. The Santa Ana Water Board will provide at least a 30-day public review period prior to acceptance of an NOI by the Executive Officer.

7. Permittees must implement the development schedule for the WMP, as designated in the NOI accepted by the Executive Officer, except as follows:
a. Changes to Critical Milestones: Critical milestones and/or the final deadline for submittal of the final WMP may be changed subject to the following conditions:
i. Permittees must request a change, in writing, at least 30 days prior to the date of applicable milestone/deadline. The written request must include justification for the extension and/or change.
ii. The Executive Officer will provide a minimum of 14 days for public review of a request for a change to the development schedule prior to approving the request.
b. Changes to Non-critical Milestones: Non-critical milestones may be changed at the discretion of the Permittees subject to the following conditions:
i. The deviation from the non-critical milestone in the schedule is not expected to result in a violation of critical milestones or the final deadline.
ii. The Executive Officer must be notified in writing of the change within 30 days.
iii. The notification must include an explanation for the deviation and a description of the revised schedule.

Compliance with the implementation schedule will be assessed based on the critical milestones and final deadlines as approved or later amended by the Executive Officer.

8. For proactive preparation of WMPs, Permittees in compliance with section XII.A will be deemed in compliance with section VI (Receiving Water Limitations) and section VII (Effluent Limitations and Discharge

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Specifications) for the subject waterbody-pollutant combination(s) until approval of the WMP. However, if the final WMP submittal deadline is extended beyond 24 months from the date of the NOI pursuant to section XII.A.7.a, the Permittee shall not be deemed in compliance during the period of extension until approval of the WMP.

9. For the reactive preparation of WMPs, Permittees shall not be deemed in compliance with section VI (Receiving Water Limitations) for the subject waterbody-pollutant combination(s) until approval of the WMP. WMPs may not be reactively prepared for compliance with WQBELs in section VII (Effluent Limitations and Discharge Specifications).

B. Watershed Management Plan Contents

1. Water Quality Characterization: The WMP shall include an evaluation of existing water quality conditions, including characterization of stormwater and non-stormwater discharges from the MS4 and receiving water quality.

The characterization must be adequate to support the identification of water quality priorities and sequencing of management actions. The evaluation shall include, at a minimum, the routine water quality data collected over the last five years pursuant to the Permittee(s) monitoring and reporting program(s) and approved TMDL monitoring programs. The WMP should include an explanation of the process used to determine what available data was relevant, how information considered was used, and why any relevant available data was disregarded.

2. Source Assessment: The WMP shall identify known and suspected stormwater and non-stormwater pollutant sources in discharges to the MS4 and from the MS4 to receiving waters and any other stressors related to MS4 discharges causing or contributing to the water quality priorities. Permittees shall include a description of other potential sources which were considered and excluded, together with the supporting information and rationale.

3. Prioritization of Pollutants: Using the information obtained during the water quality characterization/source assessment, the WMP shall prioritize the waterbody-pollutant combinations to be addressed in the WMP. The WMP may be developed for more than one pollutant. The WMP shall provide a clear explanation justifying the criteria used to prioritize the pollutant(s) and methods for the selection of the priority waterbody-pollutant combinations.

Highest priority shall be given to waterbody-pollutant combinations for which a WQBEL is in place with interim and/or final compliance deadlines that occur within the Permit term.

4. Watershed Control Measures: The WMP shall identify strategies, control measures, and BMPs for waterbody-pollutant combinations in the WMP that will be implemented through the Permittees’ jurisdiction-specific stormwater management programs, and collectively on a watershed scale. The goal will be to create a cost-effective program that focuses the responsible

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Permittees’ individual and collective resources on water quality priorities. The WMP’s strategies, control measures, and BMPs must be designed to cause discharges of pollutants in runoff from the Permittees’ MS4s to comply with WQBELs and receiving water limitations. All WMPs must include the following:
a. Existing Watershed Control Measures: A description of the existing strategies, control measures, and BMPs that are being employed to control the pollutant(s). The description must be adequate to fully characterize the conditions under which exceedances have occurred or may occur and to distinguish new or modified strategies, control measures, and BMPs. b. New or Modified Watershed Control Measures: A description of any proposed new strategies, control measures, and BMPs or modifications thereof.
i. Watershed control measures may include but are not limited to:
1) Modification or substitution of procedures or practices at facilities owned or controlled by the responsible Permittees. 2) Modification of the messages and target audiences of public education campaigns.
3) Adoption and enforcement of ordinances or standards
designed to reduce certain pollutants.
4) Incentive programs or land use practices designed to discourage, substitute, or preempt certain polluting practices. 5) Incentive programs designed to encourage source control measures and treatment control measures in existing
development (retrofit programs).
6) Planning and execution of stream or habitat restoration, pollution offset, or rehabilitation projects that provide or contribute to objectively demonstrable and sustainable
improvements in the physical, chemical, and biological
integrity of the receiving waters.
7) Planning and implementation of regional or sub-regional treatment control measures such as retention, detention, and infiltration basins.
8) Adoption and pursuit of land-use or transportation planning goals and objectives that implement and support low impact development that may reduce or eliminate pollutants.

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ii. The WMP shall clearly identify which watershed control measures are addressing which WQBELs and receiving water limitations. 1) For treatment control measures, there must be a description of the number, type, and locations of projects and the
consequent volume of runoff proposed to be captured or the reduction in the pollution load or concentration that will be attained.
2) Where regional and sub-regional treatment control measures are proposed in the WMPs and such facilities are not subject to requirements pertaining to project WQMPs, the responsible Permittees must provide that regional and sub-regional
treatment control measures comply with the requirements of section VIII.D (General Requirements for Treatment Control Measures of this Order and, if applicable, sections VIII.I (Specific Requirements for Infiltration LID Treatment Control Measures) and section VIII.J (Specific Requirements for Harvest and Use LID Treatment Control Measures).
3) For source control measures, there must be a description of the nature and level of effort of implementation.
iii. The WMP may make modifications as appropriate to the management programs that the Permittees have adopted to comply with 40 CFR section 122.26(d)(2)(iv)(A)-(D); however, the Permittees must continue to meet the minimum control measures contained therein and to comply with this Order.
c. Identification of Information Gaps: Permittees may execute studies or pilot programs that fill information gaps in stormwater pollution control science to support the employment of effective strategies, control measures, and BMPs.
d. Schedule: A schedule for the implementation of new or modified watershed control measures to comply with WQBELs or receiving water limitations. The schedule shall set forth the dates on which the completion of discrete tasks and the achievement of clear, specific milestones will be achieved.
i. Critical milestones: The schedule must identify a minimum of three (3) critical milestones (see Glossary), excluding the final deadline for compliance. Critical milestones, together with the final compliance deadline are enforceable. The final deadline for implementing or modifying watershed control measures must be as short as practicable, considering the technological, operation, and economic factors that affect the design, development, and implementation of the watershed control measures; or otherwise,

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must not exceed any applicable final compliance deadline for TMDL WLAs expressed as WQBELs in Appendices 2 through 13. The time frame between each critical milestone must not exceed five years, unless otherwise approved by the Executive Officer.
ii. Non-critical milestones: Each WMP shall also contain non-critical milestones (see Glossary). Together with enforceable critical milestones, the non-critical milestones in the schedule for implementation of BMPs must be sufficiently detailed to allow early detection of any deviations in the schedule that may cause the Permittees to miss critical milestones or the final deadline for WQBEL compliance or attainment of receiving water limitations. e. Financing Strategy: An estimate of the capital and operation and maintenance costs of implementing the WMP and a financial strategy to fund those costs. The WMP shall discuss which program costs have secured funding and the corresponding funding sources. If funding is not available for near-term watershed control measures (within 5 years from the effective date of this Order), discuss how Permittee(s) plan to obtain funding and what the anticipated funding sources are. The strategy shall be prepared or overseen by qualified people, such as accountants, using suitable standard practices (e.g., discounting, sensitivity analysis, disclosure of assumptions and limitations, etc.).

Reasonable Assurance Analysis (RAA): For drainage areas not addressed by retaining the runoff volume of the 85th percentile, 24-hour storm event, a Reasonable Assurance Analysis (RAA) must be included. The RAA must demonstrate that implementation of the watershed control measures in the WMP will reasonably ensure that the Permittee’s MS4 discharges achieve applicable WQBELs and do not cause or contribute to exceedances of receiving water limitations. An RAA is an objective analysis that quantifiably predicts the performance of watershed control measures using the best available information.
i. An RAA must be performed for each pollutant unless the pollutants’ sources, their fate and transport, or method of control correlates so that the conclusions of an analysis for one pollutant can reasonably be extrapolated to other pollutants. The justifications for extrapolating must be provided in the analysis.
ii. The RAA must be supported, in part, by peer-reviewed mathematical models that are in the public domain unless a determination can be made, to the satisfaction of the Executive Officer, that an appropriate model and/or a suitable dataset for use in a model are not available.
iii. The RAA must have its predictive performance quantified and validated using generally accepted methods. Permittees must

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disclose their level of confidence in the analysis’ predictive ability based on Substantial Evidence, including a discussion of the uncertainties in the analysis. The analysis must include an assessment of the risks that may cause or contribute to the failure of the plan and the measures that will be taken to mitigate those risks.
iv. The RAA may be based on available written guidance to conduct an RAA, such as the Guidance for Conducting Reasonable
Assurance Analysis for Watershed Management Program dated March 25, 2014 prepared by the Los Angeles Water Board and Developing Reasonable Assurance: A Guide to Performing ModelBased Analysis to Support Municipal Stormwater Program Planning dated February 2017 prepared by Paradigm Environmental for USEPA Region 9.

C. Watershed Management Plan Approval and Implementation Process

1. The WMP is subject to review and approval by the Executive Officer. The Executive Officer is authorized to approve the WMP, subject to conditions.

The Executive Officer may also elect to seek consideration and/or approval by the Santa Ana Water Board of the WMP. If a WMP includes multiple pollutants, the Executive Officer may approve the WMP with respect to some pollutants while rejecting others.

2. The Executive Officer will provide at least a 30-day public review period prior to approval of any WMP or any proposed amendments to critical milestones or final compliance deadlines in an approved WMP. The final compliance deadline in the WMP must be as short as possible and must not exceed any applicable final compliance deadline for TMDL WLAs expressed as WQBELs in Appendices 2 through 13.

3. The approved, final WMP must be fully implemented by the responsible Permittees according to critical milestones and final compliance deadlines identified in the plan or as part of conditions of approval specified by the Executive Officer. The responsible Permittees must provide a written notification to the Executive Officer, no later than 14 days following each critical milestone or final compliance deadline specified in an approved WMP, of the status of compliance or non-compliance thereof.

4. The Permittees must provide any information that is missing from their final WMP and any proposed amendments, or submit changes to the plan or amendments, pursuant to a written request by the Executive Officer by the date specified in the request. If the Permittees have not provided the requested information or submitted a request for additional time to respond by the date specified in the written request, the Permittees must comply with receiving water limitations in section VI (Receiving Water Limitations) and WQBELs in section VII (Effluent Limitations and Discharge Specifications)

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for those waterbody-pollutant combinations that are the subject of the WMP.

5. The schedule for development, review, and approval process of a WMP is summarized in Table 4. The table is for convenience purposes only and does not supersede any provisions in this Order.

Table 4: Summary Schedule for the Development, Review, and Approval of Watershed Management Plans
Task
Party to
Complete
Task:

Deadline
Submit Notice of Intent (NOI) Permittees
Within 90-days of becoming
aware of a receiving water
limitations violation (reactive)
or within 90 days of the
Effective Date of this Order
(proactive).

The Executive Officer provides
the NOI for public notice.

Santa Ana
Water Board
Not less than 30 days prior to
the expected date of approval
of the notice.

Final Watershed Management
Plan (WMP) is submitted to the
Executive Officer.

Permittees
Not more than two years from
the date the Water Board
receives the written NOI to
prepare a WMP.

Provide any missing information
to complete the final WMP
and/or provide amended Plan
according to the Executive
Officer’s written instructions.

Permittees
By the date specified in the
Executive Officer’s written
notice.

The Executive Officer provides
the complete, final WMP and
any proposed conditions of
approval for public notice.

Santa Ana
Water Board
Not less than 30 days prior to
the expected date of approval
of the final WMP.

Begin implementation of the
WMP Permittees Immediately upon Executive Officer approval of final WMP

6. The responsible Permittees must make the final WMP, as later amended or revised, accessible to the public by posting the plan to their website(s), the Principal Permittee’s website, or another method acceptable to the Executive Officer.

7. Except for inconsequential grammatical or technical corrections and changes to non-critical milestones, the final WMP may be amended by the Permittees upon approval of the Executive Officer following a 30-day public notice and

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comment period. The Executive Officer may either: (1) request additional information, (2) approve the proposed amendments as is, (3) approve, subject to conditions, or (4) reject the proposed amendments. Non-critical milestones must be amended according to the requirements in XII.A.7.b.

8. All proposed amendments must include an explanation of the purpose and need for the amendments.

9. After a final WMP is approved, responsible Permittees must reevaluate the conclusions of Reasonable Assurance Analyses biennially based on new information, information that was previously unknown, and the degree of progress in implementing the WMP. The Executive Officer is authorized to waive this requirement for biennial reevaluations based on factors such as the absence of new information that would substantially alter conclusions and insufficient time to implement activities that may affect the conclusions of the reevaluation. If the reevaluation indicates that modifications are needed to the WMP, the Permittees shall propose a schedule for amending the WMP subject to the approval of the Executive Officer. The WMP shall be amended according to the approved schedule.

10. Permittees shall implement an adaptive management process for each approved WMP. Based on the results of the adaptive management process, the Permittee(s) may propose WMP modifications necessary to improve the effectiveness of the WMP, including but not limited to new compliance deadlines and interim requirements (except for those final compliance deadlines established in a TMDL) and new or substitute watershed control measures.

D. Compliance Determination

1. A submitted NOI to prepare a WMP, compliance with the critical milestones and final compliance deadline in a WMP development schedule, or implementation of an approved final WMP according to the requirements of this Order serves as an alternative to comply with receiving water limitations in section VI (Receiving Water Limitations), with WLAs expressed as WQBELs in section VII (Effluent Limitations) whose final compliance deadlines have not yet passed or where there is no final compliance deadline.

2. The approval of a WMP, in whole or part, by the Santa Ana Water Board or the Executive Officer shall mean that the responsible Permittees will be deemed in compliance with section VI (Receiving Water Limitations) and section VII (Effluent Limitations and Discharge Specifications) for those pollutant-waterbody combinations that the approval applies to, provided that the WMP is implemented, and that the final compliance deadline specified in the WMP has not passed. This does not prohibit the Permittees from requesting to change the final compliance deadline by seeking an amendment of the WMP, provided that the extension does not exceed any

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applicable final compliance deadline for TMDL WLAs expressed as WQBELs in Appendices 2 through 13.

3. A Permittee shall be deemed in compliance with final WQBELs and receiving water limitations in sections VI and VII if the Permittee has retained all conditionally exempt, non-essential non-stormwater as defined in section IV.A (Prohibitions – Non-Stormwater Discharges) of this Order and all stormwater runoff up to and including the volume equivalent to the 85th percentile, 24- hour event for the drainage area tributary to the applicable receiving water for that waterbody provided the Permittee is implementing all actions and schedules in an approved WMP including, but not limited to the ongoing monitoring and adaptive management requirements in sections XII.C.9 and XII.C.10 of this Order.

4. The responsible Permittee(s) must comply directly with the receiving water limitations in section VI and achieve the WQBELs in Appendices 2 through 13 according to the requirements of section VII unless the Permittee alternatively complies with this section.

5. The Executive Officer is authorized to rescind an approved WMP or accepted NOI for WMP development according to the following process. If the Executive Officer determines that a Permittee has failed to comply with any of the provisions in this section related to developing a WMP, or to meet the critical milestones in a final WMP, the Executive Officer may provide written Notice of Violation (NOV) to the responsible Permittees.
a. The NOV shall provide 90 days from the date of issuance to correct the deficiencies. If, after issuance of written NOV(s), a Permittee does not address the identified deficiencies within the specified timeframe, either through performance of the requirement or by pursuing an acceptable amendment of the WMP, the Executive Officer may conclude that the Permittee has constructively abandoned development or implementation of the WMP.
b. Upon concluding that the WMP has been constructively abandoned, the Executive Officer will provide written notice to the responsible Permittee(s) that they have not developed or implemented a WMP and inform the Permittee(s) of their responsibility to immediately comply with section VI (Receiving Water Limitations) and section VII (Effluent Limitations and Discharge Specifications) of this Order. The responsible Permittee can no longer rely on the development or implementation of the WMP under the NOI or the approved WMP as a means of demonstrating compliance with this section.
c. Once the Executive Officer has issued a written NOV to the responsible Permittee, the NOV and any action taken by the responsible Permittee(s) to come back into compliance does not preclude any additional enforcement action by the Executive Officer for violations of the

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requirement(s) in effect at the time of the NOV. The Executive Officer will make NOVs issued according to this section available for public review.

E. Time Schedule Order Applicability

1. WMPs may only be used to comply with receiving water limitations and/or WLAs expressed as WQBELs where the final compliance deadline has not passed or where no final compliance deadline has been specified in the TMDL. If the final deadline to comply with WLAs in this Order passes while responsible Permittee(s) are implementing an approved WMP, or if Permittees participating in a WMP believe that additional time is necessary to comply with WQBELs or receiving water limitations, a Permittee may request a TSO pursuant to Water Code sections 13300 and/or 13385(j)(3).

TSO requests may be made either individually or jointly. TSOs are subject to all the following conditions:
a. The request for an extension must be in writing and include all the following information:
i. A statement of the purpose and justification for the time schedule that the Permittee(s) propose to achieve the final WQBEL(s) and/or receiving water limitations;
ii. A detailed time schedule of specific actions that the Permittee(s) will take to achieve the final WQBEL(s) and/or receiving water limitations;
iii. Data which demonstrates the current quality of the relevant MS4 discharge(s) to the receiving waters in terms of concentration, density, and/or load;
iv. A detailed description and chronology of treatment control measures and source control efforts, since the effective date of the TMDL, to reduce the discharge of the pollutant(s) from the MS4 to the receiving waters subject to the TMDL;
v. A demonstration that the proposed time schedule is as short as possible, considering the technological, operational, and economic factors that affect the design, development, and implementation of the control measures that are necessary to comply with the final WQBEL(s) and/or receiving water limitations; and
vi. If the term of the requested TSO exceeds one year, the request should also include proposed interim requirements and a time schedule for their achievement.

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b. The request for a TSO must be given to the Executive Officer for public review not less than 90 days prior to the final compliance deadline for the WQBEL.

XIII. MUNICIPAL INSPECTIONS
Each Permittee must have an effective program for inspecting construction, industrial, and commercial sites to minimize or reduce the discharge of pollutants to the MS4. Inspections and related enforcement actions must be carried out to enforce compliance with applicable ordinance(s), plans, permits, or other requirements related to the control of discharges of pollutants to their MS4s.

A. General

1. Each Permittee must have written policies and procedures that describe how inspections and related enforcement actions are carried out.

2. Each Permittee must have an inventory of construction, industrial, and commercial sites subject to inspection. Each Permittees’ inventory of sites must be maintained in an electronic-format database.

3. The inventory must be updated through multiple mechanisms. The inventory must be comprehensively updated annually through reconciliation with other database inventories of businesses in each Permittee’s jurisdiction. From all other sources, the inventory must be updated within 45 business days of the Permittee first becoming aware of the presence of a new site. The database records must include information on the following attributes:
a. Site/business ownership;
b. Site area;
c. Any related approved Water Quality Management Plans and associated treatment control measures; and
d. Location (address and latitude/longitude or equivalent location information).

4. The Executive Officer must be notified of any known, suspected, or threatened violation of applicable waste discharge requirements (i.e., Statewide Construction General Permit, etc.), discovered during inspections according to section III.E.2 of this Order. Such violations include, but are not limited to:
a. Failure to obtain coverage under the applicable waste discharge requirements.
b. Unauthorized discharges.

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5. Except as provided for in section III.E of this Order, Permittees must investigate complaints regarding potential or alleged discharge(s) of pollutants from construction, industrial, and commercial sites, received by internal departments or divisions, external agencies, or the public, within three (3) business days of the complaint being brought to their attention.

6. Permittees must address non-compliance with a series of effective, progressive actions to compel compliance.

7. Permittees must conduct inspections of all approved treatment control measures according to the following schedule:
a. All privately-owned or operated treatment control measures must be inspected a minimum of once every 5 years. The Permittees may, alternatively, require owners/operators of privately-owned treatment control measures to submit evidence documenting proper operations and maintenance.
b. All Permittee-owned or operated treatment control measures must be inspected annually prior to October 1st.

8. If Santa Ana Water Board staff inspects a construction, industrial, or commercial site, the Permittee may substitute Santa Ana Water Board staff’s inspection for an inspection required under this Order for the same site.

B. Construction Sites

1. The Permittee’s construction site inventory must include sites where building or grading permits are applicable, the site discharges or may discharge to an MS4, the project duration is anticipated to exceed two weeks, and where activities at the site include the following:
a. Soil movement;
b. Uncovered storage of materials or wastes, such as construction materials, dirt, sand, fertilizer, or landscaping materials; c. Exterior mixing of cementitious products (i.e., concrete, mortar, or stucco).

2. Construction sites shall be included in the Permittees’ inventory regardless of whether the site is subject to the Construction General Permit (NPDES No. CAS000002) or an individual NPDES stormwater permit.

3. Permittees must categorize all construction sites in their inventory as either a high priority, medium priority, or low priority as follows:
a. A construction site must be considered high priority if it meets any of the following criteria:

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i. The site is 20 acres or more of disturbed soil;
ii. The site is over one acre and tributary to a waterbody listed according to Clean Water Act section 303(d), as being impaired by nutrients, sediment, or turbidity;
iii. The site meets risk level 3 criteria as defined in NPDES Permit No.

CAS000002 (Construction General Permit, as amended or
revised); or
iv. The site is tributary to, and within 500 feet of, an area defined by the Ocean Plan as an Area of Special Biological Significance (ASBS).
b. A construction site must be considered medium priority if it consists of between 5 and 20 acres and is not otherwise a high priority site. c. All other sites may be considered low priority.
d. Permittees must consider other factors or circumstances that could cause a construction site to fall into a higher priority. These factors include, but are not limited to, soil erosion potential, site slope, proximity to the receiving water(s), and the sensitivity of the receiving water(s) to potential pollutants from the site.
e. The Executive Officer is authorized to direct a Permittee to designate a site as high priority based on consideration of factors or circumstances in section XIII.B.4.d above.

4. Each Permittee must inspect construction sites in their inventory which have an expected or actual duration of more than two weeks.
a. Qualifying construction sites must be inspected according to the following schedule:
i. June 1st through September 30th of each year: all construction sites must be inspected at a frequency where sediment and other pollutants are properly controlled, and unauthorized, nonstormwater discharges are prevented. ii. October 1st through May 31st of each year:
1) High priority sites must be inspected once every two (2) months in their entirety.
2) Medium priority sites must be inspected twice during this period.
3) Low priority sites must be inspected once during this period.

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iii. Where a Permittee determines that BMPs or their maintenance are inadequate or out of compliance, the site must be re-inspected until the deficiency is corrected.
b. Each Permittee’s inspection records must document, at a minimum, that the inspector:
i. Verified that the site has obtained coverage under the Construction General Permit, if applicable, during the initial inspection and if a change in ownership occurs;
ii. Verified that the onsite BMPs are appropriate to control erosion and sediments for the phase of construction;
iii. Identified through visual observation any non-stormwater discharges, and potential pollutant sources;
iv. Assessed the effectiveness of BMPs implemented at the site; v. Documented evidence of non-compliance or threatened noncompliance with requirements related to the control of discharges of pollutants to the Permittee’s MS4s; and
vi. Identified and communicated to the site representative noncompliance with requirements related to the control of discharges of pollutants to the Permittee’s MS4s.
c. Inspection records must be maintained for a minimum of five (5) years from the date of the project’s completion.

C. Industrial Sites

1. Each Permittee must maintain an inventory of all industrial sites. Industrial sites shall be included in the Permittees’ inventory regardless of whether the site is subject to the Industrial General Permit (NPDES No. CAS000001), Scrap Metal Permit (NPDES Permit No. CAG618001), or other individual NPDES stormwater permits.

2. Permittees must categorize all industrial sites in their inventory as either high priority, medium priority, or low priority.
a. An industrial site must be prioritized as high priority if the site meets any of the following criteria:
i. The site is subject to section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA);

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ii. The site requires coverage under the Industrial General Permit, the Scrap Metal Permit, or has coverage under an individual NPDES stormwater permit;
iii. The site has a history of unauthorized non-stormwater discharges; iv. The site is tributary to, and within 500 feet of, an area defined by the Ocean Plan as an Area of Special Biological Significance (ASBS);
v. Facilities that handle or generate pollutants for which the receiving waters are impaired; and,
vi. Facilities that have a demonstrated or significant potential to release pre-production plastic or nurdles into the environment. b. Permittees must consider additional site-specific risk factors that could cause an industrial site to be categorized as a higher priority. These risk factors include, but are not limited to:
i. Quantity of materials or wastes used or stored outside; ii. The potential for pollutants to be mobilized by stormwater; iii. Facility size;
iv. Proximity to a receiving waterbody;
v. The presence of an infiltration LID treatment control measure that accepts stormwater associated with industrial activity; or vi. Any other relevant factors.
c. The Executive Officer is authorized to direct a Permittee to designate a site as high priority based on consideration of factors or circumstances in section XIII.C.2.b above.
d. Any Permittee may propose an alternative priority category distribution of their industrial sites and implement the related inspection schedule within their jurisdiction subject to the written approval of the Executive Officer. The Executive Officer may rescind that approval for cause with written notification to the Permittee(s).

3. Each Permittee must inspect industrial sites in their inventory according to the following:
a. Industrial sites must be inspected according to the following schedule:

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i. High priority sites must be inspected once per year in their entirety.
ii. Medium priority sites must be inspected once every two years. iii. Low priority sites must be inspected once every five years. b. An inspection of an industrial site that is covered by the Industrial General Permit, Scrap Metal Permit, or other individual NPDES stormwater permit and performed by Santa Ana Water Board staff, USEPA, or representatives thereof may be substituted for any one of the above-required inspections for the same site.
c. Where a Permittee determines that a site is out of compliance with requirements, the industrial site must be re-inspected monthly until the site regains compliance.
d. Permittees must document inspections of industrial sites. The documentation must demonstrate, at a minimum, that the inspector:
i. Verified during the initial inspection that the site has obtained coverage under the Industrial General Permit, the Scrap Metal Permit, or other individual NPDES stormwater permit, if applicable; ii. Identified, through visual observation, any non-stormwater discharges and uncontrolled potential pollutant sources; iii. Assessed the effectiveness of BMPs implemented at the site; iv. Recorded evidence of non-compliance or threatened noncompliance with requirements related to the control of discharges of pollutants to the Permittee’s MS4s; and
v. Identified and alerted the site representative of non-compliance with requirements related to the control of discharges of pollutants to the Permittee’s MS4s.
e. Inspection records for a facility operator must be maintained for a minimum of five (5) years following termination of business at the site.

D. Commercial Sites

1. Each Permittee must maintain an inventory of commercial sites listed in section XIII.D.2 below within its jurisdiction.
a. Each Permittees’ inventory of commercial sites must be maintained in an electronic-format database. The database records must include information on the following attributes:

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i. Site/business ownership;
ii. Site area;
iii. Any related approved Water Quality Management Plans and associated treatment control measures; and
iv. Location (latitude/longitude in decimal-degrees or NAD83/WGS84 format).
b. Commercial sites include, but are not limited to those engaged in the following:
i. Aircraft maintenance, fueling, or cleaning;
ii. Animal care facilities such as petting zoos and boarding and training facilities;
iii. Automobile and other motor vehicle body repair or painting; iv. Automobile impound and storage facilities;
v. Automobile mechanical repair, maintenance, fueling, or cleaning; vi. Botanical or zoological gardens;
vii. Building material retail and storage facilities;
viii. Cemeteries;
ix. Eating or drinking establishments, including food markets and restaurants;
x. Golf courses, parks, and other recreational areas or facilities; xi. Landscape and hardscape installation;
xii. Machinery and equipment repair, maintenance, fueling, or cleaning;
xiii. Marina operations;
xiv. Nurseries and greenhouses;
xv. Painting and coating;
xvi. Pest control service facilities;
xvii. Pool, lake, and fountain cleaning;
xviii. Portable sanitary service facilities;
xix. Transportation services for passengers, parcels, or freight; xx. Watercraft maintenance, fueling, or cleaning;
xxi. Any commercial sites that is tributary to, and within 500 feet of, an area defined by the Ocean Plan as an Area of Special Biological Significance; and
xxii. Other commercial sites that the Permittee determines may be a significant contributor of pollutants to the MS4.

2. Each Permittee must prioritize all commercial sites (except for eating or drinking establishments, see section XIII.D.3 below) in their inventory as either “high priority”, “medium priority” or “low priority”.

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a. Each Permittee must categorize a minimum of 5% of their inventoried commercial sites as “high priority” and a minimum of 15% of their inventoried commercial sites as “medium priority”. All other commercial sites may be categorized as “low priority”.
b. Permittees must exercise their discretion and consider site-specific factors that could cause a commercial site to be categorized as a higher priority. These factors include, but are not limited to, soil erosion potential, site slope, proximity to a receiving waterbody, and the sensitivity of the receiving waters to potential pollutants from the site. a. Any Permittee may propose an alternative priority category distribution of their commercial sites and implement the related inspection schedule within their jurisdiction subject to the written approval of the Executive Officer.
i. The approved alternative distribution and schedule must be implemented in lieu of the distribution and inspection schedule prescribed in this section subject to any conditions of approval established by the Executive Officer.

The Executive Officer may rescind that approval for cause with written notification to the Permittee(s).

3. Each Permittee must inspect commercial sites in their inventory. Inspections must occur according to written processes and procedures, and in a manner to enforce compliance with ordinance(s), plans, permits, WQMPs, or other requirements related to the control of discharges of pollutants to their MS4s. a. Prioritized commercial sites must be inspected according to the following schedule:
i. High priority sites must be inspected once per year in their entirety. ii. Medium priority sites must be inspected once every two years. iii. Low priority sites must be inspected once every five (5) years. b. Permittees must document inspections of commercial sites. The Permittees documentation must demonstrate, at a minimum, that the inspector:
i. Identified through visual observation any non-storm water discharges, evidence of non-storm water discharges, and potential pollutant sources;
ii. Assessed the effectiveness of BMPs implemented at the site;

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iii. Recorded evidence of non-compliance or threatened noncompliance; iv. Notified the site operator and provided the applicable BMP Fact Sheet(s) and any other relevant published educational materials if the inspector identifies non-compliance or a threat of noncompliance with relevant requirements or determines that BMPs are ineffective.
c. Commercial site inspections must be recorded in an electronic-format database in a manner that is adequate to determine compliance with the requirements of this Order. Inspection records for a site operator must be maintained for a minimum of five (5) years while in business and three (3) years following the termination of business at the site. d. Permittees must address non-compliance observed through inspections with a series of effective, progressive actions to ultimately compel compliance.
e. Commercial site inspectors must be trained according to section XI of this Order;
f. The Executive Officer must be notified of any known, suspected, or threatened violation of applicable waste discharge requirements received by internal departments or divisions, external agencies, or the public discovered during inspections of commercial sites.

4. The Permittees must inspect eating or drinking establishments annually or cause such inspections to occur on their behalf by another party such as consultants. These third-party inspections are anticipated to occur, for example, as part of the Orange County Health Care Agency (OCHCA) restaurant inspection program.
a. The inspections must occur, in part, to enforce the local Permittee’s requirements related to the control of discharges of pollutants to their MS4s.
b. Where the inspecting agency staff observes known or suspected violations of a local Permittee’s requirements related to the control of discharges of pollutants to their MS4s, the known or suspected violation must be referred to the Permittee within two (2) business days of the inspection date.
c. Permittees must respond to referrals from a health care agency (HCA) or other third-party within three (3) business days of the matter being brought to their attention.

XIV. MUNICIPAL FACILITIES/ACTIVITIES

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Each Permittee must implement an effective program for the operation and maintenance activities for their fixed facilities, their field operations, and drainage facilities for the purpose of ensuring that such activities do not adversely impact water quality.

A. Encroachment Permits
Each Permittee must ensure that applicants for encroachment permits for permanent connection to its MS4 facilities are notified in writing of their obligations to comply with stormwater ordinances, WQMP(s), and stormwater permits (e.g., Industrial General Permit, Construction General Permit, Scrap Metal Permit).

B. Fixed Facilities

1. Each Permittee must maintain an inventory of fixed facilities that are owned or controlled by the Permittee, which have the potential to discharge pollutants in runoff. The inventory must include the following at a minimum:
a. Catch basins, storm drain inlets/outlets, outfalls, and open channels; b. Municipal landfills;
c. Waste incinerators;
d. Solid waste transfer facilities;
e. Land application sites;
f. Sewage collection and treatment facilities;
g. Potable water distribution facilities;
h. Hazardous waste treatment, disposal, and recovery facilities; i. Corporation, maintenance, and storage yards;
j. Airfields;
k. Parks, golf courses, and recreation areas;
l. Cemeteries;
m. Public buildings (police and fire stations and training facilities, libraries, etc.)
n. Stadiums and other special event venues;
o. Equestrian facilities;
p. Animal shelters and kennels;
q. Boat yards and marinas;
r. Public parking facilities; and
s. Areas or facilities that discharge directly to lagoons, the ocean, or Environmentally Sensitive Areas.

2. Each Permittee shall at a minimum inspect at least 80% of its outfalls, open channels, catch basins, storm drain inlets, and stormwater basins on an annual basis, with 100% of the facilities addressed in a two-year period.

Permittees must mechanically or physically clean the facilities if the inspections reveal that the volume is about 25% full or if accumulated sediment or debris impairs the hydraulic capacity of the facility. The MS4

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clean out schedule and accomplishments shall be included in the Annual Progress Report.
a. Trash must be physically removed from the systems in a timely manner when found.
b. Where other agencies’ authorization is required to remove trash from the systems (i.e., CWA section 404 permit), the Permittee must make a good faith effort to secure the necessary authorizations and remove the accumulated trash in a timely manner.

3. A Permittee may propose an alternate schedule for visual inspection and mechanical or physical cleaning of open channels, catch basins, storm drain inlets, and stormwater basins (collectively referred to as systems in this section) under the Permittees’ control. If approved, the schedule shall be an alternative to the schedule prescribed by section XIV.B.2 above. a. The proposed schedule must be justified by observed field information. b. The proposed schedule is subject to the approval of the Executive Officer.

4. Except for the systems described in XIV.B.3. above, each Permittee must categorize fixed facilities that they own or control into high priority, medium priority, and low priority sites.
a. The following fixed facilities must be categorized as high priority sites:
i. Municipal landfills;
ii. Publicly owned treatment works;
iii. Waste incinerators;
iv. Solid waste transfer facilities;
v. Land application sites;
vi. Corporation, maintenance, and storage yards;
vii. Hazardous waste treatment, disposal, and recovery facilities; viii. Land-side areas of airfields;
ix. Facilities that are located adjacent or within an Environmentally Sensitive Area or that discharge directly to an Environmentally Sensitive Area.
b. Permittees must categorize all other fixed facilities according to a uniform objective ranking system developed by the applicable Principal Permittee. The ranking system must be based on the following factors:
i. The degree to which potentially polluting activities occur in areas exposed to stormwater.

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ii. The quantity of potentially polluting materials used or stored at the facility.
iii. Whether the activities at a site could produce pollutants that cause or contribute to the impairment of a waterbody listed pursuant to CWA section 303(d).
iv. The risk of a release of a pollutant.
v. The occurrence of known or suspected non-stormwater discharges. vi. The size of a facility, the number of employees assigned to the facility, and the number of visitors.

5. Each Permittee must report their inventory of fixed facilities and each facilities’ assigned priority category in the first Annual Progress Report required under this Order in a searchable electronic format that is acceptable to the Executive Officer. Updates must be submitted in subsequent Annual Progress Reports.

6. Except for the systems described in XIV.B.3 above, the Permittee must inspect each fixed facility according to the following schedule:
a. High priority sites must be inspected once per year. b. Medium priority sites must be inspected once every two years. c. Low priority sites must be inspected once every five years.

7. Permittees must carry out inspections of fixed facilities to: identify and correct observed violations of the municipal ordinance or other requirements related to the control of pollutants to the MS4; identify and correct unnecessary deviations from standard operating procedures (see section XIV.B.10, below); internally enforce relevant discharge requirements; and identify and eliminate known or suspected unauthorized non-stormwater discharges.

8. Permittees must implement an effective program to prevent the discharge of pollutants from Permittees’ field activities and fixed facilities. The program must include:
a. Documentation of pollution controls and BMPs to be implemented by person(s) performing field activities on behalf of Permittees. b. A training program to provide Permittees’ staff with an awareness of the responsibilities described in standard operating procedures relevant to their duties (See section XI Above).
c. An inspection program for field activities in order to: identify and correct observed violations of the municipal code or ordinance related to

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protecting water quality; identify and correct unnecessary deviations from pollution controls and BMPs; internally enforce compliance with relevant waste discharge requirements; and identify and eliminate or minimize known or suspected non-stormwater discharges.

9. Each Permittee must employ effective controls that prevent materials or waste associated with municipal facilities or activities from being dispersed by wind or stormwater runoff.

10. Each Permittee shall comply with pesticide regulations pertaining to the use, application, and disposal of pesticides in California Code of Regulations, chapter 4, subchapters 3, 4, and 5 and shall implement an Integrated Pesticide Management (IPM) program. The term “pesticide” includes herbicides, rodenticides, insecticides, etc. consistent with the common meaning of the term.
a. Each Permittee must develop and implement an Integrated Pest Management (IPM) program that considers a combination of techniques for pest prevention. Permittees may partner with other agencies and organizations to develop and implement the IPM program. Permittees may refer to available IPM guidelines, such as the UC Division of Agriculture and Natural Resources Publication 8093, “Establishing Integrated Pest Management Policies and Programs: A Guide for Public Agencies”.
b. Each Permittee shall annually:
i. Prepare and update an inventory of pesticides used by all internal departments, divisions, and other operational units;
ii. Quantify pesticide use by staff and hired contractors; and, iii. Demonstrate implementation of IPM alternatives (e.g., UC IPM safer alternatives) where feasible to reduce pesticide use.

XV. PROGRAM EFFECTIVENESS ASSESSMENT
Each Permittee must have a program in place to assess the effectiveness of individual control measures and best management practices or systems of control measures and best management practices employed in each of the elements of their stormwater program and any approved Watershed Management Plan as defined in section XII. The assessment program must provide information to the Permittee that is adequate to support continual improvement towards attainment of Receiving Water Limitations and Waste Load Allocations. The assessment program must be documented in writing.

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A. The Principal Permittees may develop a model effectiveness assessment program for use by the Permittees. Each Permittees must perform assessments in substantial conformance with the method unless the method conflicts with the requirements of this Order. In the event of any conflict, the requirements of this Order prevail.

B. Methods used to monitor, measure, and analyze program activities must be conducted in a manner that is representative of the monitored activity.

C. Each Permittees’ assessment program must be comprised of the following elements:

1. A hypothesis of the process of how each pollutant, or functionally similar group of pollutants, are released to the environment and transported to the receiving water(s).

2. A description of each of the control measures and BMPs, where and at what level of effort they are intended to be applied in the hypothesized pollution process, and how they will reduce or prevent pollutants from being transported to the receiving water(s).

3. Processes that measure the performance of each control measure and BMP or group of control measures and BMPs. The process must include the control measure(s) and BMP(s) that are being assessed, the expected outcome(s), the performance metric(s) used to assess the outcome(s), and the method(s) used to measure.

4. An assessment of the effectiveness of the program. The assessment must evaluate the following:
a. How effective the individual or system of control measures and BMPs are in achieving the desired outcomes;
b. If the performance metrics are valid;
c. If the method(s) for measuring outcomes are effective; and d. Any changes found necessary to improve the effectiveness of the control measures and BMPs or the overall process.

5. An assessment of any barriers to implementing changes to improve the effectiveness of control measures and BMPs.

XVI. MONITORING AND REPORTING PROGRAM
The Permittees must comply with Monitoring and Reporting Program (MRP) R8- 2024-0001, Attachment C, and any revisions thereto, which are hereby made a part of this Order.

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XVII. STANDARD PROVISIONS
The Permittees must comply with the Standard Provisions in Attachment F, and any revisions thereto, which are hereby made a part of this Order.

XVIII. REOPENER AND PERMIT MODIFICATION
The following describes the conditions in which the Permit may be reopened, modified, or revoked.

A. This Order may be modified, revoked, reissued prior to its expiration date for cause, in accordance with the provisions of 40 CFR sections 122.44, 122.62, 122.63, 122.64, 124.5, 125.62, and 125.64. Cause for taking such action includes, but is not limited to, changes made to:

1. Address significant changes in conditions identified in the technical reports required by the Santa Ana Water Board which were unknown at the time of the issuance of this Order;

2. Address changed conditions identified or other sources deemed significant by the Santa Ana Water Board;

3. Incorporate applicable requirements of statewide water quality control plans, policies or precedential orders adopted by the State Water Board;

4. Incorporate provisions as a result of future amendments to the Basin Plan, such as a new or revised water quality objective or the adoption or reconsideration of a TMDL, including the program of implementation and time schedule for implementation. As soon as possible after the effective date of a revised TMDL, where the revisions warrant a change to the provisions of this Order, the Santa Ana Water Board may modify this Order consistent with the assumptions and requirements of the revised WLA(s), including the program of implementation.

5. Comply with any applicable requirements, guidelines, or regulations issued or approved under the Clean Water Act, if the requirements, guidelines, or regulations contain different conditions or additional requirements than those included in this Order.

6. Address endangerment to human health or the environment resulting from the permitted activity, including information that the discharge(s) regulated by this Order may have the potential to cause or contribute to adverse impacts on water quality and/or beneficial uses.

7. Incorporate effluent limitations for toxic constituents determined to be present in significant amount in the discharge through a more comprehensive monitoring program included as part of this Order.

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8. Upon the consent of the Permittee(s), make corrections or allowances for changes in the permitted activity, following the procedures at 40 CFR section 122.63, if processed as a minor modification. Minor modifications include but are not limited to:
a. Correct typographical errors;
b. Require more frequent monitoring or reporting by a Permittee; or c. Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement.

9. 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 a Permittee’s discharge, and that standard or prohibition is more stringent than any limitation on the pollutant in this Permit, this Permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition and the Permittees so notified.

The filing of a request by the Permittees for modification, revocation, and reissuance or termination or a notification of planned changes or anticipated noncompliance does not stay any conditions of this Order.

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Appendix 1

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Appendix 1

APPLICABLE TMDL REQUIREMENTS FOR PERMITTEES
Table 1.1: TMDLs Applicable to Orange County Permittees Permittee
Newport
Bay/SDC
Nutrients
TMDL
Fecal
Coliform
TMDL
Sediment
TMDL
Organochlo
rine TMDL
Diazinon &
Chlorpyrifo
s TMDL
Toxic
Pollutants
(Metals)
TMDL
Coyote
Creek
Metals
TMDL
Selenium
TMDL
Copper
TMDL
4 County of Orange X X X X X X X X X
Orange County Flood
Control District X X X X X X X X X
City of Anaheim X
City of Brea X
City of Buena Park X
City of Costa Mesa X X X X X X X X
City of Cypress X
City of Fountain Valley
City of Fullerton X
City of Garden Grove X
City of Huntington Beach
City of Irvine X X X X X X X X
City of Laguna Hills5 X X X X X X X X
City of Laguna Woods5 X X X X X X X X
City of La Habra X
City of La Palma X
City of Lake Forest X X X X X X X X
City of Los Alamitos X
City of Newport Beach X X X X X X X X
City of Orange X X X X X X X
City of Placentia X X
City of Santa Ana X X X X X X X X
City of Seal Beach X
4 Will become effective upon approval by USEPA.
5 Laguna Hills and Laguna Woods are not permittees under this Order. The waste load allocations are incorporated into and will be enforced by the Santa Ana Water Board through the San Diego Regional Water Quality Control Board’s regional MS4 permit.

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City of Stanton
City of Tustin X X X X X X X X X
City of Villa Park
City of Westminster
City of Yorba Linda X
Table 1.2: TMDLs Applicable to Riverside County Permittees Permittee Middle Santa Ana River
Bacterial TMDL LE/CL Nutrient TMDLs
Riverside County X X

RCFC&WCD X X
City of Beaumont X
City of Calimesa
City of Canyon Lake X
City of Corona X
City of Claremont* X
City of Eastvale X
City of Hemet X
City of Jurupa Valley X
City of Lake Elsinore X
City of Menifee X
City of Murrieta6 X
City of Moreno Valley X
City of Norco X X
City of Perris X
City of Pomona* X
City of Riverside X X
City of San Jacinto X
City of Wildomar6 X
* Covered under a separate NPDES Permit.
6 Pursuant to the Water Code section 13228 designation between the Santa Ana Water Board and the San Diego Regional Water Quality Control Board (see Finding II.A.3.b), the Cities of Murrieta and Wildomar are expected to continue to participate in the Lake Elsinore and Canyon Lake TMDL Task Force.