Hercules City Council
Stormwater Permit Update
• February 8, 2022
History of Permit
• Regulates discharges to Waters of the United States
• San Pablo Bay
• Refugio Creek
• Requirement is to protect the “Waters” from any pollutant (For these purposes a pollutant is anything that is not rainwater runoff)
• 1972 Federal Clean Water Act
• Point Sources – End of Pipe – Non-stormwater
• 1987 Federal Clean Water Act Amendment
• Non-point sources - Stormwater
• State of California is implementing the federal regulation under delegation from the EPA • Since 1992 series of Stormwater permits have been issued on a 5-year cycle • July 1999 Provision C.3 was implemented regulating development • Provision C.3 Regulates any public or private development, including street, for rainwater runoff (Stormwater) pollution.
Most
Recent
Permits
• SF Bay Regional Water Quality
Control Board
• October 2009 Municipal
Regional Permit (MRP)
• November 2015 Municipal
Regional Permit 2 (MRP2)
• Escalating Requirements for Local
Agencies
Transitioning
from MRP2 to
MRP3
Municipal Regional Permit 3
EffectiveJuly 1, 2022 MRP3
Significantly increases local efforts
that are required, such as tracking
and monitoring
Program’s requests for changes in
draft Permit 3 not received
sympathetically by Water Board Staff
Biggest
Impacts
of MRP 3
Minimum area of Green
Infrastructure installation required
Road Maintenance Effectively
Becoming Regulated
Full Trash Capture on Private
Property (10,000s.f.) as a retrofit
PCB Abatement - Treat 10% of Old
Industrial Acreage
Minimum Green Infrastructure (Over Permit Period)
Over Permit period treat 3 acres per 50,000 population
0.2 acres minimum, 10 acres maximum treatment area
Option to comply countywide
MRP 3.0 escalates efforts of current G.I. Plans
Road
Maintenance
Sets a maximum project size for
unregulated maintenance activity
Will make many road maintenance projects
regulated requiring C.3 compliance
Before the proposed permit, road
maintenance was exempt. Now green
infrastructure is required in certain
road maintenance projects
Full Trash
Capture
(FTC) on
Private
Property
FTC for all property draining to
from very high to moderate
trash areas
No limitation as to parcel size or
land use designation
Monitor and reporting required
on private property trash
management efforts
Treating
“Old
Industrial”
Lands for
PCB’s
Treat 10% (1,119 acres) of old
industrial area (11,190 acres)
Countywide
Countywide estimated cost is $195
million using G.I. ($175,000 per acre)
Most PCBs located on private property,
it's a private property issue
Acreage-based requirement won't
maximize PCBs load reduction
Permit
Adoption
The Programs negotiates in good faith
negotiations
The Program supports environmental
stewardship but seeks cost effectiveness
March 2022 – Permit expected to be
released for review
April 2022 - Public Hearing and adoption
Effective date July 1, 2022