Project Background
The Cities of San Pablo, and Walnut Creek, and unincorporated Contra Costa County have partnered with USEPA through a San Francisco Bay Water Quality Improvement Fund grant to develop and pilot a Regional Alternative Compliance (RAC) System within Contra Costa County (the “Contra Costa County RAC System”). Entities in Contra Costa County must comply with the substantial post-construction stormwater treatment (i.e., Provision C.3) requirements of the San Francisco Bay Region Municipal Regional Stormwater Permit (MRP). Alternative Compliance Systems have been used in other areas of the United States to help municipalities, developers, and industry meet rigorous stormwater compliance requirements. The Water Board and legal reviewers were involved in developing the Contra Costa County RAC System.
What is the Contra Costa County Regional Alternative Compliance (RAC) System? The Contra Costa County RAC System is a program designed to provide a flexible, cost-effective, and scientifically defensible MRP C.3 compliance option to implement required post-construction stormwater treatment off-site.
How does the Contra Costa County RAC System work?
The Contra Costa County RAC System allows green stormwater infrastructure (GSI) treatment facilities or “Off-Site GSI Projects” to be constructed within the County to generate “compliance units” that can be exchanged through the System.
Compliance units can be sold to an interested party (i.e., a developer or municipality) in need of off-site stormwater treatment for MRP compliance.
A seller would design and
construct the Off-Site GSI
Projects that generate Contra
Costa County RAC System
compliance units. Off-Site GSI
Projects require certification
through the Contra Costa
County RAC System before
compliance units can be sold.
A buyer would pay for Contra
Costa County RAC System
compliance units to satisify
their project’s stormwater
compliance needs by
completing a “compliance
purchase”. Buyers would pay
an additional annual fee to
cover the ongoing operations
and maintenance (O&M) of
the Off-Site GSI Projects that
generate compliance units.
What does it mean
to be a “buyer”?
What does it mean
to be a “seller”?
Regional Alternative
Compliance System
PUBLIC FACT SHEET
Contra Costa County
The Contra Costa County RAC System provides equiva-
lency calculations, template agreements, and an online
RAC System Tracking Tool to help interested parties
determine their treatment requirements and complete
transactions through the buying and selling of compli - ance units.
Why is this important? What is the benefit of a
RAC System?
The Contra Costa County RAC System provides an
opportunity for the strategic development, siting, and
funding of larger regional stormwater treatment facilities (regional Off-Site GSI Projects) in areas with greater
legacy pollutant concerns. Regional stormwater treat -
ment facilities are sited and designed to treat large
drainage areas ranging from tens to hundreds of acres.
The Contra Costa County RAC System is also expected
to achieve cost savings for participants as larger storm- water treatment facilities typically have reduced capital and O&M costs per treated acre.
Who might be interested in participating?
Developers - Some development
and redevelopment sites may have
constraints (size, steep grades, etc.) that
make it difficult to build on-site stormwater
treatment. When a project has difficulty
building MRP-required stormwater
treatment on-site, it can use the Contra
Costa County RAC System to comply
with the MRP.
Municipalities - Municipalities may
purchase compliance units to comply
with MRP Provision C.3.j impervious
surface retrofit requirements.
Additionally, municipalities with
Regulated Projects such as large road
reconstruction projects could use the
Contra Costa County RAC System to
comply with the MRP. Municipalities may
also act as “sellers” through the Contra
Costa County RAC System.
Non-profits - Non-profits or other
environmental organizations may be
interested in building GSI facilities
that can be partially funded by selling
compliance units through the Contra
Costa County RAC System.
Contractors - Developers or contractors
may be interested in building Off-Site GSI
Projects to generate compliance units
that can be sold through the Contra Costa
County RAC System.
Next Steps
In 2023 and 2024, the first Contra Costa County
RAC System exchange will be conducted as a pilot,
and System administration processes will be further
developed. The Contra Costa County RAC System is
anticipated to be operational for additional exchanges
by the end of 2024.
More Details on Off-Site GSI
Projects:
Off-Site GSI Projects must be non-regulated, that is,
not required as part of any development project or
“Regulated Project” as defined by the MRP.
The compliance units generated by an Off-Site GSI
Project are calculated based on the acres and land
use that it treats.
Off-Site GSI Projects require ongoing verification,
consistent with processes used for existing GSI
facilities, and are eligible to receive annual operation and maintenance payments so they are properly
maintained.
Regional Alternative
Compliance System
PUBLIC FACT SHEET
Contra Costa County
For more information, please visit the Contra Costa County RAC System Project Website:
www.sanpabloca.gov/2685/Regional-Alternative-Compliance