AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND ECOKAI ENVIRONMENTAL, INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and EcoKai Environmental, Inc., a California corporation ("Consultant" or “Contractor”).
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Contractor agrees to comply with the insurance requirements set forth in Exhibit "D”.
* * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, - 2 -
and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
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7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not. - 4 -
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
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b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. - 7 -
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 16th day of April, 2024.
CITY OF REDONDO BEACH, ECOKAI ENVIRONMENTAL, INC.,
a chartered municipal corporation a California corporation
____________________________ By: ____________________________ James A. Light, Mayor Name:____________________________ Title: ____________________________
ATTEST: APPROVED:
____________________________ ____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
____________________________
Michael W. Webb, City Attorney
President / CEO
Jim Burton
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EXHIBIT "A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONSULTANT’S DUTIES
Consultant shall perform the following duties.
A. Seaside Lagoon NPDES Monitoring
1. Conduct all sampling, analysis and reporting as required by Appendix E of the facility’s National Pollutant Discharge Elimination System (“NPDES”) Order R4- 2017-0178, NPDES NO. CA0064297 (collectively the “2017 Permit”), attached hereto and incorporated by this reference.
2. Collect water quality samples at the monitoring locations outlined below in Section A.5 to comply with the waste discharge requirements described herein.
3. As described in Attachment A of the 2017 Permit, a calendar week shall be defined as Sunday through Saturday, monthly sampling is defined as a calendar month, and quarterly sampling is a calendar quarter beginning with the first quarter on January 1st.
4. Provide detailed laboratory reports and documentation of chain of custody for all collected samples in a timely fashion, allowing the City a minimum of one week to review data prior to the required submittal into CIWQS.
5. Conduct calibration and quality control on all standard operating procedures and activities for monitoring and sampling test in accordance with applicable regulatory policies, including but not limited to, U.S. Environmental Protection Agency, state, and local controls.
Monitoring Location
Name Description
Influent - INF-001 The entrance of the intake water to the lagoon.
Effluent - EFF-001
The sampling port located inside the Seaside
Lagoon, approximately 10 feet from the south side of
the platform.
King Harbor - RSW-001
A location within 50 feet from the discharge point
outside the influence of the discharge in King Harbor.
B. Notification Procedures
1. If a result for the effluent sample is found to be over the monthly average, Consultant shall immediately notify the City by email.
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C. Special Conditions
1. Collect samples once per calendar month (i.e. metals) during the Lagoon operating season, which is limited to the months of June, July, and August. No monthly samples are required for May and September.
2. Collect samples once per year for permit receiving water monitoring, which is listed as a quarterly requirement in the 2017 Permit, to be completed once each operating season.
3. Following the completion of the TCDD Equivalent testing for the 2017Permit, Consultant shall conduct this resting after the issuance of a new permit, which is required once per permit term.
4. Take the samples at three locations, influent, effluent, and the Harbor, as detailed in Section A.5 and in the 2017 Permit.
5. Two influent samples shall be collected each monitoring event. The 1st collected 2 hours prior to the effluent and the 2nd at the same time as the effluent sample (Table E-2 of MRP).
6. Take the effluent and Harbor samples with the second influent sample.
7. Take the effluent samples at low tide (or as close to low tide as possible) during pumping operations (10:00AM – 4:00PM daily from Memorial Day through Labor Day) to minimize the occurrence of water quality monitoring results being affected by the receiving water (King Harbor water into Lagoon).
8. Collect monthly samples early in the month to allow time for a second sample in the event a monthly average for any pollutant exceeds the 2017 Permit limitations.
9. Test pH samples on-site and within 15 minutes of taking the sample from the effluent discharge point.
D. Electronic Submittal for Correspondence and Reports. For electronic submission of correspondence and reports, Consultant shall comply with the following guidelines when submitting sampling analysis and reports to the City and the City’s designated consultants:
1. Submit an Excel spreadsheet summarizing all raw data.
2. Convert all regulatory documents, submissions, materials, data, and correspondence to a searchable Portable Document Format (“PDF”) file, as it would normally appear in a paper-sourced document.
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3. Ensure the PDF file contains the entire document, maintaining organization and layout, including the page orientations, size, margins, fonts, table formats, page numbers, and appendices.
4. Ensure the appendix cover pages will be in the same order as they would appear in a paper-sourced document, followed by the information assigned to that appendix. Each subsection of an appendix shall also have its own cover page (i.e. Appendix D.1 or Appendix E.4) followed by the information assigned to that subsection.
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ATTACHMENT “A-1”
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”) ORDER R4-2017-0178, NPDES NO. CA0064297
See attached permit.
Los Angeles Regional Water Quality Control Board
September 14, 2017
Mr. Joe Hoefgen
City Manager
City of Redondo Beach
Seaside Lagoon
415 Diamond Street, P.O. Box 270
Redondo Beach, CA 90277
Dear Mr. Hoefgen:
~ M ATTHEW R ODRIQ UEZ
l~~ ~ SECRETARY FOR
ENVIRONMENTAL PROTECTION
TRANSMITTAL OF THE WASTE DISCHARGE REQUIREMENTS (WDRs), NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, AND TIME SCHEDULE ORDER (TSO) - CITY OF REDONDO BEACH - SEASIDE LAGOON (NPDES NO. CA0064297, Cl NO. 8034)
In a letter dated May 23, 2017, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) transmitted the Revised Tentative National Pollutant Discharge Elimination System (NPDES) Program (NPDES Order) and a Revised Tentative Time Schedule Order (TSO) for the City of Redondo Beach, Seaside Lagoon (Lagoon). In letters dated May 25, 2017, August 30, 2017, and September 6, 2017, the Regional Board transmitted minor changes to the NPDES Order and the TSO. The NPDES Order and TSO were scheduled to be considered by the Regional Board in a hearing at the Board's June 1, 2017 meeting. At the Board hearing, the Board members heard all the testimony and had questions regarding the monitoring of bacteria within the Lagoon. The Board continued the hearing to September 7, 2017, Board meeting.
Pursuant to Division 7 of the California Water Code, this Regional Water Board at a public hearing held on September 7, 2017, reviewed the requirements, considered all factors in the case, and adopted Order No. R4-2017-0178 (NPDES permit) and TSO No. R4-2017-0179.
Order R4-2017-0178 serves as an NPDES permit, and it expires on October 31 , 2022. Section 13376 of the California Water Code requires that an application/Report of Waste Discharge for a new permit must be filed at least 180 days before the expiration date. The TSO No. R4-2017- 0179 expires on October 31 , 2022.
You are required to implement the MRP on the effective date (November 1, 2017) of Order No.
R4-2017-0178. Your first monitoring report for the period November 1, 2017 - December 31, 2017 is due by March 1, 2018. The first technical and/or progress report required under TSO No. R4-2017-0179 is due by November 1, 2018, as listed on page 10 of the TSO.
Submit all monitoring and technical/progress reports separately to the Regional Water Board, ATTN: Information Technology Unit.
IRMA MUNOZ, CHAIR I SAMUEL U NGER, EXECUTIVE OFFICER
320 West 4 th St., Suite 200, Los Angeles, CA 90013 I www.waterboards.ca.gov/losangeles c') RECYCLED PAPER
Mr. Joe Hoefgen, City Manager
City of Redondo Beach
Seaside Lagoon
- 2 - September 14, 2017
When submitting monitoring or technical reports to the Regional Water Board. per these requirements, please include a reference to Compliance File Cl-8034 and NPDES No.
CA0064297, which will assure that the reports, are directed to the appropriate file and staff.
We are sending the paper copy of the Permit and TSO to the Discharger only. For those on the mailing list or other interested parties who would like access to a copy of the Permit, please go to the Regional Water Board's website at:
lhttp://www.waterboards.ca.gov/losangeles/board decisions/adopted orders/by permit tools.
If you have any questions, please contact Mazhar Ali at (213) 576-6652 or [email protected]
Sincerely,
~a.~
Cassandra D. Owens, Chief
Industrial Permitting Unit (NPDES)
Enclosures
cc: Mailing List (Via E-mail Only)
Ms. Robyn Stuber, Environmental Protection Agency, Region 9, Permits Branch (WTR-5) Ms. Becky Mitschele, Environmental Protection Agency, Region 9 Mr. Kenneth Wong, U.S. Army Corps of Engineers
Mr. Bryant Chesney, NOAA, National Marine Fisheries Service Mr. Jeff Phillips, Department of Interior, U.S. Fish and Wildlife Service Mr. William Paznokas, Department of Fish and Wildlife, Region 5 Ms. Teresa Henry, California Coastal Commission, South Coast Region Mr. Tommy Smith, Los Angeles County, Department of Public Works Mr. Angelo Bellomo, Los Angeles County, Department of Public Health Ms. Sarah Sikich , Heal the Bay
Mr. Steven Johnson, Heal the Bay
Mr. Bruce Reznik , Los Angeles WaterKeeper
Ms. Laura West, Natural Resources Defense Council
Ms. Joan Matthews, Natural Resources Defense Council
Ms. Mary Welch, PG Environmental, LLC
Mr. Ted Semaan, Public Works Director, City of Redondo Beach Ms. Geraldine Trivedi, City of Redondo Beach
Mr. Michael Gjerde, State Water Resources Control Board Ms. Becky Valenti, Los Angeles County Dept. of Public Health
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LOS ANGELES REGION
320 W. 4th Street, Suite 200, Los Angeles, California 90013 Phone (213) 576-6600 • Fax (213) 576-6640
http://www.waterboards.ca .gov
ORDER R4-2017-0178
NPDES NO. CA0064297
WASTE DISCHARGE REQUIREMENTS
FOR THE CITY OF REDONDO BEACH, SEASIDE LAGOON
The following Discharger is subject to waste discharge requirements (WDRs) set forth in this Order:
Table 1. Discharger Information
Discharger City of Redondo Beach
Name of Facility Seaside Lagoon
200 Portofino Way
Facility Address Redondo Beach, CA 90277
Los Angeles County
Table 2. Discharge Location
Discharge Discharge Discharge Point Receiving Effluent Description Point Latitude Point (North) Longitude (West) Water
001 Swimming Lagoon 33.8441° -118.3946° King Harbor
Discharge
Table 3. Administrative Information
This Order was adopted on: September 7, 2017
This Order shall become effective on: November 1, 2017
This Order shall expire on: October 31, 2022
The Discharger shall file a Report of Waste Discharge as an application for reissuance of WDRs in accordance with title 23, California Code of 180 days prior to the Regulations, and an application for reissuance of a National Pollutant Order expiration date Discharge Elimination System (NPDES) permit no later than:
The U.S. Environmental Protection Agency (U.S. EPA) and the California Regional Water Quality Control Board, Los Angeles Region have classified Minor this discharge as follows:
Tentative: December 7, 2016
Revised: April 5, 2017
Revised: May 19, 2017
Revised: July 13, 2017
Revised: August 24, 2017
I, Samuel Unger, Executive Officer, do hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted by the California Regional Water Quality Control Board, Los Angeles Region, on September 7, 2017.
2 CITY OF REDONDO BEACH ORDER R4-2017-0178
SEASIDE LAGOON NPDES NO. CA0064297
ORDER 3
CONTENTS
I. Facility Information........................................................................................................................... 4 II. Findings ........................................................................................................................................... 4 III. Discharge Prohibitions ..................................................................................................................... 4 IV. Effluent Limitations and Discharge Specifications ............................................................................ 5 A. Effluent Limitations – Discharge Point 001............................................................................ 5
1. Final Effluent Limitations – Discharge Point 001............................................................... 5 B. Land Discharge Specifications............................................................................................... 7 C. Recycling Specifications ........................................................................................................ 7 V. Receiving Water Limitations............................................................................................................. 7 A. Surface Water Limitations ...................................................................................................... 7 B. Groundwater Limitations ........................................................................................................ 8 Not applicable ............................................................................................................................... 8 VI. Provisions ........................................................................................................................................ 8 A. Standard Provisions............................................................................................................... 8 B. Monitoring and Reporting Program (MRP) Requirements .................................................... 11 C. Special Provisions................................................................................................................ 11
1. Reopener Provisions ....................................................................................................... 11
2. Special Studies, Technical Reports and Additional Monitoring Requirements.................. 11
3. Storm Water Pollution Prevention Plan, Best Management Practices, and Spill Contingency Plan ............................................................................................................ 12
4. Construction, Operation and Maintenance Specifications ................................................ 12
5. Other Special Provisions ................................................................................................. 12 Not applicable...................................................................................................................... 12
6. Compliance Schedules.................................................................................................... 12 Not applicable...................................................................................................................... 12 VII.Compliance Determination............................................................................................................. 12 TABLES
Table 1. Discharger Information............................................................................................................. 1 Table 2. Discharge Location .................................................................................................................. 1 Table 3. Administrative Information........................................................................................................ 1 Table 4. Effluent Limitations at Discharge Point 001 .............................................................................. 5
ATTACHMENTS
Attachment A – Definitions..................................................................................................................A-1 Attachment B – Map ...........................................................................................................................B-1 Attachment C – Flow Schematic .........................................................................................................C-1 Attachment D – Standard Provisions ..................................................................................................D-1 Attachment E – Monitoring and Reporting Program (MRP NO.8034)..................................................E-1 Attachment E – Monitoring and Reporting Program (MRP No. 8034)..................................................E-2 Attachment F – Fact Sheet .................................................................................................................F-1 Attachment G – Storm Water Pollution Prevention Plan Requirements.............................................. G-1 Attachment H – State Water Board Minimum Levels ..........................................................................H-1 Attachment I – List of Priority Pollutants............................................................................................... I-1 Attachment J – Summary of Effluent LimitationS Calculations ............................................................ J-1 CITY OF REDONDO BEACH ORDER R4-2017-0178
SEASIDE LAGOON NPDES NO. CA0064297
LIMITATIONS AND DISCHARGE REQUIREMENTS 4
I. FACILITY INFORMATION
Information describing the Seaside Lagoon (Facility) is summarized in Table 1 and in sections I and II of the Fact Sheet (Attachment F). Section I of the Fact Sheet also includes information regarding the Facility’s permit application.
II. FINDINGS
The California Regional Water Quality Control Board, Los Angeles Region (Regional Water Board), finds:
A. Legal Authorities. This Order serves as Waste Discharge Requirements (WDRs) pursuant to article 4, chapter 4, division 7 of the California Water Code (commencing with section 13260).
This Order is also issued pursuant to section 402 of the federal Clean Water Act (CWA) and implementing regulations adopted by the U.S. EPA and chapter 5.5, division 7 of the Water Code (commencing with section 13370). It shall serve as a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges from this facility to surface waters.
B. Background and Rationale for Requirements. The Regional Water Board developed the requirements in this Order based on information submitted as part of the application, through monitoring and reporting programs, and other available information. The Fact Sheet (Attachment F), which contains background information and rationale for the requirements in this Order, is hereby incorporated into and constitutes Findings for this Order. Attachments A through E and G through I are also incorporated into this Order.
C. Notification of Interested Parties. The Regional Water Board has notified the Discharger and interested agencies and persons of its intent to prescribe WDRs for the discharge and has provided them with an opportunity to submit their written comments and recommendations.
Details of the notification are provided in the Fact Sheet.
D. Consideration of Public Comment. The Regional Water Board, in a public meeting, heard and considered all evidence and comments pertaining to the discharge. Details of the Public Hearing are provided in the Fact Sheet.
THEREFORE, IT IS HEREBY ORDERED that this Order supersedes Order R4-2010-0185 except for enforcement purposes, and, in order to meet the provisions contained in division 7 of the Water Code (commencing with section 13000) and regulations adopted thereunder, and the provisions of the CWA and regulations and guidelines adopted thereunder, the Discharger is authorized to discharge from the identified facility and outfalls into water of the United States and shall comply with the requirements in this Order. This action in no way prevents the Regional Water Board from taking enforcement action for past violations of the previous Order.
III. DISCHARGE PROHIBITIONS
A. Wastes discharged shall each be limited to a maximum of 3.07million gallons per day (MGD) of Lagoon wastewater as described in the Fact Sheet (Attachment F). The discharge of wastes from accidental spills or other sources is prohibited.
B. Discharges of water, materials, thermal wastes, elevated temperature wastes, toxic wastes, deleterious substances, or wastes other than those authorized by this Order, to a storm drain system, King Harbor, or other waters of the State, are prohibited.
C. Neither the treatment nor the discharge of pollutants shall create a condition of pollution, contamination, or a nuisance as defined by Section 13050 of the Water Code.
D. Wastes discharged shall not contain any substances in concentrations toxic to human, animal, plant, or aquatic life.
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E. The discharge shall not cause a violation of any applicable water quality standards for receiving waters adopted by the Regional Water Board or the State Water Resources Control Board (State Water Board) as required by the Federal CWA and regulations adopted thereunder. If more stringent applicable water quality standards are promulgated or approved pursuant to section 303 of the Federal CWA, and amendments thereto, the Board will revise and modify this Order in accordance with such more stringent standards.
F. Discharge of oil or any residuary product of petroleum to waters of the State, except in accordance with waste discharge requirements or other provisions of Division 7 of the California Water Code is prohibited.
G. The discharge of any radiological, chemical, or biological warfare agent into the waters of the state is prohibited under Water Code section 13375.
H. Any discharge of wastes at any point(s) other than specifically described in this Order is prohibited.
IV. EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS
A. Effluent Limitations – Discharge Point 001
1. Final Effluent Limitations – Discharge Point 001
a. The Discharger shall maintain compliance with the following effluent limitations at Discharge Point 001, with compliance measured at Monitoring Location EFF-001, as described in the attached MRP (Attachment E):
Table 4. Effluent Limitations at Discharge Point 001
Parameter Units
Effluent Limitations
Average
Monthly
Maximum
Daily
Instantaneous
Minimum
Instantaneous
Maximum
Conventional Pollutants
Biochemical Oxygen
Demand (BOD) (5-
day @ 20°C)
mg/L 20 30 -- --
lbs/day1 512 768 -- --
Oil and Grease mg/L 10 15 -- --
lbs/day1 256 384 -- --
Total Suspended
Solids (TSS)
4 mg/L 50 75 -- --
lbs/day1 1,280 1,920 -- --
pH Standard
units -- -- 6.5 8.5
Non-Conventional Pollutants
Chlorine, Total
Recoverable
µg/L 2 8 -- --
lbs/day1 0.05 0.2 -- --
Chronic Toxicity2
Pass or
Fail, %
Effect
(TST)
Pass3 Pass or %
Effect <50
-- --
Temperature Degrees
F
-- -- -- 86
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Parameter Units
Effluent Limitations
Average
Monthly
Maximum
Daily
Instantaneous
Minimum
Instantaneous
Maximum
Turbidity NTU 50 75 -- --
Priority Pollutants
Arsenic, Total
Recoverable 4
µg/L 26 66 -- --
lbs/day1 0.67 1.74 -- --
Cadmium, Total
Recoverable 4
µg/L 7.7 15 -- --
lbs/day1 0.2 0.4 -- --
Copper, Total
Recoverable4
µg/L 1.9 5.8 -- --
lbs/day1 0.05 0.15 -- --
Mercury, total
Recoverable
µg/L 0.051 0.10 -- --
lbs/day1 0.0013 0.0025 -- --
Selenium, total
Recoverable 4
µg/L 56 122 -- --
lbs/day1 1.4 3.1 -- --
Silver, Total
Recoverable 4
µg/L 0.92 2.2 -- --
lbs/day1 0.024 0.06 -- --
Thallium, Total
Recoverable4
µg/L 6.3 13 -- --
lbs/day1 0.16 0.33 -- --
Zinc, Total
Recoverable 4
µg/L 34 95 -- --
lbs/day1 0.9 2.4 -- --
Cyanide, Total (as
CN)
µg/L 0.50 1.0 -- --
lbs/day1 0.013 0.025 -- --
Total Coliform MPN/100
ml 1,0005,6 10,000 -- --
Fecal Coliform MPN/100
ml 2006,7 400 -- --
Enterococcus MPN/100
ml 356,8 104 -- --
1 Mass loading limitations are based on a maximum flow of 3.07MGD and are calculated as follows: Flow (MGD) x concentration (mg/L) x 8.34 (conversion factor) = lbs/day. 2 The median monthly effluent limitation (MMEL) shall be reported as “Pass” or “Fail” The maximum daily effluent limitation (MDEL) shall be reported as “Pass” or “Fail” and “% Effect”. The MMEL for chronic toxicity shall only apply when there is a discharge more than one day in a calendar month period. During such calendar months, up to three independent toxicity tests are required when one toxicity test results in “Fail.”
3 This is an MMEL.
4 If the influent water pollutant concentration (measured at influent to the Lagoon) does not exceed the average monthly limitation then the limitations are applied as noted in the Table 4. If the influent water pollutant concentration exceeds the average monthly limitation but does not exceed the maximum daily limitation then compliance with the average monthly limitation will be determined based on intake water credits and compliance with the maximum daily limitation is applied as noted in the Table 4. If the influent water pollutant concentration exceeds the maximum daily limitation then compliance with both the average monthly and the maximum daily will be determined based on intake water credits. 5 The geometric mean density of total coliform organisms shall be less than 1,000 per 100 ml (10 per ml). No single sample when verified by a repeat sample taken within 48 hours shall exceed 10,000 per 100 ml (100 per ml). Also, the total coliform density shall not exceed 1,000 per 100 ml if the ratio of fecal to total coliform exceeds 0.1.
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6 The geometric mean values should be calculated based on a statistically sufficient number of samples (generally not less than 5 samples equally spaced over a 30-day period). If any of the single sample limits are exceeded, the Regional Water Board may require repeat sampling on a daily basis until the sample falls below the single sample limit in order to determine the persistence of the exceedance.
When repeat sampling is required because of an exceedance of any one single sample limit, values from all samples collected during that 30-day period shall be used to calculate the geometric mean. 7 The fecal coliform density for any 30-day period, shall not exceed a geometric mean of 200 per 100 ml (2 per ml). No single sample when verified by a repeat sample taken within 48 hours shall exceed 400 per 100 ml (4 per ml).
8 The geometric mean enterococcus density of the discharge shall not exceed 35 organisms per 100 ml for a 30-day period. No single sample when verified by a repeat sample taken within 48 hours shall exceed 104 per 100 ml.
B. Land Discharge Specifications
Not applicable
C. Recycling Specifications
Not applicable
V. RECEIVING WATER LIMITATIONS
A. Surface Water Limitations
The discharge shall not cause the following in King Harbor:
1. The normal ambient pH to fall below 6.5 nor exceed 8.5 units nor vary from normal ambient pH levels by more than 0.2 units.
2. Surface water temperature to rise greater than 5º F above the natural temperature of the receiving waters at any time or place. At no time shall the temperature be raised above 86º F as a result of waste discharged.
3. The concentration of dissolved oxygen to fall below 5.0 mg/L at any time, and the median dissolved oxygen concentration for any three consecutive months to be less than 80 percent of the dissolved oxygen content at saturation.
4. Water Contact Standards
In marine water designated for water contact recreation (REC-1), the waste discharged shall not cause the following bacterial standards to be exceeded in the receiving water. a. Rolling 30-day Geometric Mean Limits
i. Total coliform density shall not exceed 1,000/100 ml. ii. Fecal coliform density shall not exceed 200/100 ml. iii. Enterococcus density shall not exceed 35/100 ml.
b. Single Sample Maximum (SSM)
i. Total coliform density shall not exceed 10,000/100 ml. ii. Fecal coliform density shall not exceed 400/100 ml. iii. Enterococcus density shall not exceed 104/100 ml.
5. Exceedance of the total ammonia (as N) concentrations specified in the Regional Water Board Resolution No. 2004-022. Resolution No. 2004-022 revised the ammonia water quality objectives for inland surface waters not characteristic of freshwater in the 1994 CITY OF REDONDO BEACH ORDER R4-2017-0178
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Basin Plan, to be consistent with USEPAs "Ambient Water Quality Criteria for Ammonia (Saltwater) - 1989."
6. The presence of visible, floating, suspended or deposited macroscopic particulate matter or foam.
7. Oils, greases, waxes, or other materials in concentrations that result in a visible film or coating on the surface of the receiving water or on objects in the water.
8. Suspended or settleable materials, chemical substances or pesticides in amounts that cause nuisance or adversely affect any designated beneficial use.
9. Toxic or other deleterious substances in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife, or waterfowl or render any of these unfit for human consumption either at levels created in the receiving waters or as a result of biological concentration.
10. Accumulation of bottom deposits or aquatic growths.
11. Biostimulatory substances at concentrations that promote aquatic growth to the extent that such growth causes nuisance or adversely affects beneficial uses.
12. The presence of substances that result in increases of BOD that adversely affect beneficial uses.
13. Taste or odor-producing substances in concentrations that alter the natural taste, odor, and/or color of fish, shellfish, or other edible aquatic resources; cause nuisance; or adversely affect beneficial uses.
14. Alteration of turbidity, or apparent color beyond present natural background levels.
15. Damage, discolor, or formation of sludge deposits on flood control structures or facilities, or overloading of the design capacity.
16. Degradation of surface water communities and populations including vertebrate, invertebrate, and plant species.
17. Problems associated with breeding of mosquitoes, gnats, black flies, midges, or other pests.
18. Nuisance, or adversely affect beneficial uses of the receiving water.
19. Violation of any applicable water quality standards for receiving waters adopted by the Regional Water Board or State Water Board. If more stringent applicable water quality standards are promulgated or approved pursuant to section 303 of the CWA, or amendments thereto, the Regional Water Board will revise or modify this Order in accordance with such standards.
B. Groundwater Limitations
Not applicable
VI. PROVISIONS
A. Standard Provisions
1. The Discharger shall comply with all Standard Provisions included in Attachment D.
2. The Discharger shall comply with the following provisions. In the event that there is any conflict, duplication, or overlap between provisions specified by this Order, the more stringent provision shall apply:
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a. This Order may be modified, revoked, reissued, or terminated in accordance with the provisions of 40 C.F.R., sections 122.44, 122.62, 122.63, 122.64, 125.62 and 125.64.
Causes for taking such actions include, but are not limited to: failure to comply with any condition of this Order; endangerment to human health or the environment resulting from the permitted activity; or acquisition of newly-obtained information which would have justified the application of different conditions if known at the time of Order adoption. The filing of a request by the Discharger for an Order modification, revocation, and issuance or termination, or a notification of planned changes or anticipated noncompliance does not stay any condition of this Order. b. The Discharger must comply with the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to storm drain systems or other water courses under their jurisdiction; including applicable requirements in municipal storm water management programs developed to comply with NPDES permits issued by the Regional Water Board to local agencies. c. A Discharge of wastes to any point other than specifically described in this Order and permit is prohibited and constitutes a violation thereof. d. The provisions of this order are severable. If any provision of this Order is found invalid, the remainder of this Order shall not be affected. e. The Discharger shall comply with all applicable effluent limitations, national standards of performance, toxic effluent standards, and all federal regulations established pursuant to sections 301, 302, 303(d), 304, 306, 307, 316, 318, 405, and 423 of the Federal CWA and amendments thereto.
f. These requirements do not exempt the operator of the waste disposal facility from compliance with any other laws, regulations, or ordinances which may be applicable; they do not legalize this waste disposal facility, and they leave unaffected any further restraints on the disposal of wastes at this site which may be contained in other statutes or required by other agencies.
g. Oil or oily material, chemicals, refuse, or other pollutionable materials shall not be stored or deposited in areas where they may be picked up by rainfall and carried off of the property and/or discharged to surface waters. Any such spill of such materials shall be contained and removed immediately.
h. A copy of these waste discharge specifications shall be maintained at the discharge facility so as to be available at all times to operating personnel. i. After notice and opportunity for a hearing, this Order may be terminated or modified for cause, including, but not limited to:
i. Violation of any term or condition contained in this Order; ii. Obtaining this Order by misrepresentation, or failure to disclose all relevant facts; iii. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.
j. If there is any storage of hazardous or toxic materials or hydrocarbons at this facility and if the facility is not manned at all times, a 24-hour emergency response telephone number shall be prominently posted where it can easily be read from the outside. k. The Discharger shall notify the Regional Water Board not later than 120 days in advance of implementation of any plans to alter production capacity of the product line of the manufacturing, producing or processing facility by more than ten percent.
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Such notification shall include estimates of proposed production rate, the type of process, and projected effects on effluent quality. Notification shall include submittal of a new report of waste discharge and the appropriate filing fee. l. The Discharger shall file with the Regional Water Board a report of waste discharge at least 120 days before making any material change or proposed change in the character, location or volume of the discharge.
m. All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Regional Water Board as soon as they know or have reason to believe that they have begun or expect to begin to use or manufacture intermediate or final product or byproduct of any toxic pollutant that was not reported on their application. n. In the event of any change in name, ownership, or control of these waste disposal facilities, the discharger shall notify this Regional Water Board of such change and shall notify the succeeding owner or operator of the existence of this Order by letter, copy of which shall be forwarded to the Regional Water Board. o. The Water Code provides that any person who violates a waste discharge requirement or a provision of the Water Code is subject to civil penalties of up to $5,000 per day, $10,000 per day, or $25,000 per day of violation, or when the violation involves the discharge of pollutants, is subject to civil penalties of up to $10 per gallon per day or $25 per gallon per day of violation; or some combination thereof, depending on the violation, or upon the combination of violations.
Violation of any of the provisions of the NPDES program or of any of the provisions of this Order may subject the violator to any of the penalties described herein, or any combination thereof, at the discretion of the prosecuting authority; except that only one kind of penalty may be applied for each kind of violation. p. The discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream which may ultimately be released to waters of the United States, is prohibited unless specifically authorized elsewhere in this permit or another NPDES permit. This requirement is not applicable to products used for lawn and agricultural purposes.
q. The discharge of any waste resulting from the combustion of toxic or hazardous wastes to any waste stream that ultimately discharges to waters of the United States is prohibited, unless specifically authorized elsewhere in this permit. r. The Discharger shall notify the Executive Officer in writing no later than 6 months prior to the planned discharge of any chemical, other than the products previously reported to the Executive Officer, which may be toxic to aquatic life. Such notification shall include:
i. Name and general composition of the chemical,
ii. Frequency of use,
iii. Quantities to be used,
iv. Proposed discharge concentrations, and
v. U.S. EPA registration number, if applicable.
s. Failure to comply with provisions or requirements of this Order, or violation of other applicable laws or regulations governing discharges from this facility, may subject the Discharger to administrative or civil liabilities, criminal penalties, and/or other CITY OF REDONDO BEACH ORDER R4-2017-0178
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enforcement remedies to ensure compliance. Additionally, certain violations may subject the Discharger to civil or criminal enforcement from appropriate local, state, or federal law enforcement entities.
t. Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater that results in a decrease of flow in any portion of a watercourse, the Discharger must file a petition with the State Water Board, Division of Water Rights, and receive approval for such a change. (Wat. Code § 1211.) B. Monitoring and Reporting Program (MRP) Requirements
The Discharger shall comply with the MRP, and future revisions thereto, in Attachment E.
C. Special Provisions
1. Reopener Provisions
a. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 of the Federal CWA, and amendments thereto, the Regional Water Board may revise and modify this Order in accordance with such more stringent standards.
b. This Order may be reopened to include effluent limitations for toxic constituents determined to be present in significant amounts in the discharge through a more comprehensive monitoring program included as part of this Order and based on the results of the RPA.
c. This Order may be reopened and modified, to incorporate in accordance with the provisions set forth in 40 C.F.R., parts 122 and 124, to include requirements for the implementation of the watershed management approach or to include new ML’s. d. This Order may be reopened and modified to revise effluent limitations as a result of future Basin Plan Amendments, such as an update of an objective or the adoption of a TMDL for King Harbor.
e. This Order may be reopened for modification, or revocation and reissuance, as a result of the detection of a reportable priority pollutant generated by special conditions included in this Order. These special conditions may be, but are not limited to, fish tissue sampling, whole effluent toxicity, monitoring requirements on internal waste stream(s), and monitoring for surrogate parameters. Additional requirements may be included in this Order as a result of the special condition monitoring data.
2. Special Studies, Technical Reports and Additional Monitoring Requirements a. Initial Investigation Toxicity Reduction Evaluation (TRE) Workplan. The Discharger shall submit to the Regional Water Board an Initial Investigation TRE workplan (1-2 pages) within 90 days of the effective date of this permit. This plan shall describe the steps the Discharger intends to follow in the event that toxicity is detected. See section V of the Monitoring and Reporting Program (Attachment E) for an overview of TRE requirements.
b. Los Angeles County Department of Public Health, Recreation Monitoring Program – Monitoring Data. On Monday of each week after the Lagoon opens, the Discharger is requested to submit to the Regional Water Board, a copy of the daily log submitted to the Los Angeles County Department of Public Health, Recreation Water Program.
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3. Storm Water Pollution Prevention Plan, Best Management Practices, and Spill Contingency Plan
a. The Discharger shall submit, within 90 days of the effective date of this Order:
i. An updated storm water pollution prevention plan (SWPPP) that describes sitespecific management practices for minimizing contamination of storm water runoff and for preventing contaminated storm water runoff from being discharged directly to waters of the State. The updated SWPPP shall accurately reflect current facility conditions and incorporate changes in discharge practices. The BMPs shall address the following specific areas of concern: Lagoon, rest rooms, snack area, and trash handling. The SWPPP shall be developed in accordance with the requirements in Attachment G. All Best Management Practices (BMPs) used in the facility will be captured in the SWPPP and Spill Control Plan (SCP) ii. SCP that shall be site-specific and shall cover all areas of the Facility. Each plan shall cover all areas of the Facility and shall include an updated drainage map for the Facility. The Discharger shall identify on a map of appropriate scale the areas that contribute runoff to the permitted discharge points; describe the activities in each area and the potential for contamination of storm water runoff and the discharge of hazardous waste/material.
The Discharger shall implement the SWPPP, and SCP within 10 days of the approval by the Executive Officer or 90 days after submittal of the plan if no comments are submitted by the Regional Board. The plans shall be reviewed annually and at the same time. Updated information shall be submitted within 30 days of revision.
4. Construction, Operation and Maintenance Specifications The Discharger shall at all times properly operate and maintain all facilities and systems installed or used to achieve compliance with this order.
5. Other Special Provisions
Not applicable
6. Compliance Schedules
Not applicable
VII. COMPLIANCE DETERMINATION
Compliance with the effluent limitations contained in section IV of this Order will be determined as specified below:
A. Single Constituent Effluent Limitation
If the concentration of the pollutant in the monitoring sample is greater than the effluent limitation and greater than or equal to the reported Minimum Level (see Reporting Requirement I.G. of the MRP), then the Discharger is out of compliance.
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B. Effluent Limitations Expressed as a Sum of Several Constituents If the sum of the individual pollutant concentrations is greater than the effluent limitation, then the Discharger is out of compliance. In calculating the sum of the concentrations of a group of pollutants, consider constituents reported as ND or DNQ to have concentrations equal to zero, provided that the applicable ML is used.
C. Effluent Limitations Expressed as a Median
In determining compliance with a median limitation, the analytical results in a set of data will be arranged in order of magnitude (either increasing or decreasing order); and
1. If the number of measurements (n) is odd, then the median will be calculated as = X(n+1)/2, or
2. If the number of measurements (n) is even, then the median will be calculated as= [Xn/2 + X(n/2)+1], i.e. the midpoint between the n/2 and n/2+1 data points.
D. Multiple Sample Data
When determining compliance with an AMEL for priority pollutants and more than one sample result is available, the Discharger shall compute the arithmetic mean unless the data set contains one or more reported determinations of "Detected, but Not Quantified" (DNQ) or "Not Detected" (ND). In those cases, the Discharger shall compute the median in place of the arithmetic mean in accordance with the following procedure:
1. The data set shall be ranked from low to high, ranking the reported ND determinations lowest, DNQ determinations next, followed by quantified values (if any). The order of the individual ND or DNQ determinations is unimportant.
2. The median value of the data set shall be determined. If the data set has an odd number of data points, then the median is the middle value. If the data set has an even number of data points, then the median is the average of the two values around the middle unless one or both of the points are ND or DNQ, in which case the median value shall be the lower of the two data points where DNQ is lower than a value and ND is lower than DNQ.
E. Average Monthly Effluent Limitation (AMEL)
If the average (or when applicable, the median determined by subsection 2 above for multiple sample data) of daily discharges over a calendar month exceeds the AMEL for a given parameter, this will represent a single violation; though the Discharger will be considered out of compliance for each day of that month for that parameter (e.g., resulting in 31 days of noncompliance in a 31-day month). If only a single sample is taken during the calendar month and the analytical result for that sample exceeds the AMEL, the Discharger will be considered out of compliance for that calendar month. For anyone calendar month during which no sample (daily discharge) is taken, no compliance determination can be made for that calendar month.
If the Discharger has a discharge event in May during the operating season (Memorial Day through Labor Day) and no off-season discharge events occur in May, the monitoring results may be included in the monthly average calculations for June. Similarly, if the Discharger has a discharge event in September during the operating season and no off-season discharge events occur in September, the results may be included in the monthly average calculations for August.
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F. In determining compliance with the AMEL, the following provisions shall also apply to all constituents:
1. If the analytical result of a single sample, monitored monthly, quarterly, semiannually, or annually, does not exceed the AMEL for that constituent, the Discharger has demonstrated compliance with the AMEL for that month;
2. If the analytical result of a single sample monitored monthly, quarterly, semiannually, or annually, exceeds the AMEL for any constituent, the Discharger shall collect four additional samples at approximately equal intervals during the month. All five analytical results shall be reported in the monitoring report for that month, or 45 days after results for the additional samples were received, whichever is later.
When all sample results are greater than or equal to the reported Minimum Level (see Reporting Requirement I.G. of the MRP), the numerical average of the analytical results of these five samples will be used for compliance determination.
When one or more sample results are reported as "Not-Detected (ND)" or "Detected, but Not Quantified (DNQ)" (see Reporting Requirement I.G. of the MRP), the median value of these four samples shall be used for compliance determination. If one or both of the middle values is ND or DNQ, the median shall be the lower of the two middle values.
3. In the event of noncompliance with an AMEL, the sampling frequency for that constituent shall be increased to weekly and shall continue at this level until compliance with the AMEL has been demonstrated.
4. If only one sample was obtained for the month or more than a monthly period and the result exceeds the AMEL; then the Discharger is in violation of the AMEL.
G. Maximum Daily Effluent Limitation (MDEL)
If a daily discharge exceeds the MDEL for a given parameter, an alleged violation will be flagged and the discharger will be considered out of compliance for that parameter for that 1 day only within the reporting period. For any 1 day during which no sample is taken, no compliance determination can be made for that day.
H. Instantaneous Minimum Effluent Limitation
If the analytical result of a single grab sample is lower than the instantaneous minimum effluent limitation for a parameter, a violation will be flagged and the discharger will be considered out of compliance for that parameter for that single sample. Non-compliance for each sample will be considered separately (e.g., the results of two grab samples taken within a calendar day that both are lower than the instantaneous minimum effluent limitation would result in two instances of non-compliance with the instantaneous minimum effluent limitation).
I. Instantaneous Maximum Effluent Limitation
If the analytical result of a single grab sample is higher than the instantaneous maximum effluent limitation for a parameter, a violation will be flagged and the discharger will be considered out of compliance for that parameter for that single sample. Non-compliance for each sample will be considered separately (e.g., the results of two grab samples taken within a calendar day that both exceed the instantaneous maximum effluent limitation would result in two instances of non-compliance with the instantaneous maximum effluent limitation.
J. Median Monthly Effluent Limitation (MMEL)
If the median of daily discharges over a calendar month exceeds the MMEL for a given parameter, an alleged violation will be flagged and the Discharger will be considered out of CITY OF REDONDO BEACH ORDER R4-2017-0178
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compliance for each day of that month for that parameter (e.g., resulting in 31 days of noncompliance in a 31-day month). However, an alleged violation of the MMEL will be considered one violation for the purpose of assessing State mandatory minimum penalties. If no sample (daily discharge) is taken over a calendar month, no compliance determination can be made for that month with respect to effluent violation determination, but compliance determination can be made for that month with respect to reporting violation determination.
K. Chronic Toxicity
The chronic toxicity using the USEPA effluent toxicity tests shall be run using a multiconcentration test design only when required by EPA’s short-term methods for estimating the chronic toxicity of effluents promulgated under 40 CFR 136. All NPDES effluent compliance monitoring for chronic toxicity shall be reported using the 100% effluent concentration and negative control, expressed in units of USEPA’s TST statistical approach (pass or fail, % effect).
The TST hypothesis (Ho) is statistically analyzed using only the permit-specified in-stream waste concentration and a negative control. The appropriate interpretation of measurement results from the TST (pass or fail) is, by design, independent from the concentration-response patterns of toxicity tests conducted using multi-concentration test designs. Therefore, when using the TST, application of concentration-response pattern review is not used because it does not improve the appropriate interpretation of the definitive TST result, as long as all Test Acceptability Criteria and other test review procedures (those related to Quality Assurance for effluent and receiving water toxicity tests, reference toxicant tests, and control performance described by the WET test methods manuals and TST guidance) are followed.
L. Mass and Concentration Limitations
Compliance with mass effluent limitations and concentration effluent limitations for the same parameter shall be determined separately. When the concentration for a parameter in a sample is reported as ND or DNQ, the corresponding mass emission rate determined using that sample concentration shall also be reported as ND or DNQ.
M. Bacterial Standards and Analyses
The geometric mean used for determining compliance with bacterial standards is calculated using the following equation:
Geometric Mean = (C1 × C2 × … × Cn)
1/n
where n is the number of days samples were collected during the period and C is the concentration of bacteria (MPN/100 ml or CFU/100 ml) found on each day of sampling. For bacterial analyses, sample dilutions should be performed so the expected range of values is bracketed (for example, with multiple tube fermentation method or membrane filtration method, 2 to 16,000 per 100 ml for total and fecal coliform, at a minimum, and 1 to 1000 per 100 ml for Enterococcus). The detection method used for each analysis shall be reported with the results of the analysis.
Detection methods used for coliforms (total and fecal) and Enterococcus shall be those presented in Table 1A of part 136 (revised July 1, 2009), unless alternate methods have been approved by USEPA pursuant to part 136 or improved methods have been determined by the Executive Officer and/or USEPA.
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ATTACHMENT A – DEFINITIONS A-1
A.
ATTACHMENT A – DEFINITIONS
Arithmetic Mean ()
Also called the average, is the sum of measured values divided by the number of samples. For ambient water concentrations, the arithmetic mean is calculated as follows:
Arithmetic mean = = x / n where: x is the sum of the measured ambient water concentrations, and n is the number of samples.
Average Monthly Effluent Limitation (AMEL)
The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
Average Weekly Effluent Limitation (AWEL)
The highest allowable average of daily discharges over a calendar week (Sunday through Saturday), calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
Bioaccumulative
Those substances taken up by an organism from its surrounding medium through gill membranes, epithelial tissue, or from food and subsequently concentrated and retained in the body of the organism.
Carcinogenic
Pollutants are substances that are known to cause cancer in living organisms.
Coefficient of Variation (CV)
CV is a measure of the data variability and is calculated as the estimated standard deviation divided by the arithmetic mean of the observed values.
Daily Discharge
Daily Discharge is defined as either: (1) the total mass of the constituent discharged over the calendar day (12:00 am through 11:59 pm) or any 24-hour period that reasonably represents a calendar day for purposes of sampling (as specified in the permit), for a constituent with limitations expressed in units of mass or; (2) the unweighted arithmetic mean measurement of the constituent over the day for a constituent with limitations expressed in other units of measurement (e.g., concentration).
The daily discharge may be determined by the analytical results of a composite sample taken over the course of one day (a calendar day or other 24-hour period defined as a day) or by the arithmetic mean of analytical results from one or more grab samples taken over the course of the day.
For composite sampling, if 1 day is defined as a 24-hour period other than a calendar day, the analytical result for the 24-hour period will be considered as the result for the calendar day in which the 24-hour period ends.
Detected, but Not Quantified (DNQ)
DNQ are those sample results less than the RL, but greater than or equal to the laboratory’s MDL. Sample results reported as DNQ are estimated concentrations.
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ATTACHMENT A – DEFINITIONS A-2
Dilution Credit
Dilution Credit is the amount of dilution granted to a discharge in the calculation of a water quality-based effluent limitation, based on the allowance of a specified mixing zone. It is calculated from the dilution ratio or determined through conducting a mixing zone study or modeling of the discharge and receiving water.
Effluent Concentration Allowance (ECA)
ECA is a value derived from the water quality criterion/objective, dilution credit, and ambient background concentration that is used, in conjunction with the coefficient of variation for the effluent monitoring data, to calculate a long-term average (LTA) discharge concentration. The ECA has the same meaning as waste load allocation (WLA) as used in U.S. EPA guidance (Technical Support Document For Water Quality-based Toxics Control, March 1991, second printing, EPA/505/2-90-001).
Enclosed Bays
Enclosed Bays means indentations along the coast that enclose an area of oceanic water within distinct headlands or harbor works. Enclosed bays include all bays where the narrowest distance between the headlands or outermost harbor works is less than 75 percent of the greatest dimension of the enclosed portion of the bay. Enclosed bays include, but are not limited to, Humboldt Bay, Bodega Harbor, Tomales Bay, Drake’s Estero, San Francisco Bay, Morro Bay, Los Angeles-Long Beach Harbor, Upper and Lower Newport Bay, Mission Bay, and San Diego Bay. Enclosed bays do not include inland surface waters or ocean waters.
Estimated Chemical Concentration
The estimated chemical concentration that results from the confirmed detection of the substance by the analytical method below the ML value.
Estuaries
Estuaries means waters, including coastal lagoons, located at the mouths of streams that serve as areas of mixing for fresh and ocean waters. Coastal lagoons and mouths of streams that are temporarily separated from the ocean by sandbars shall be considered estuaries. Estuarine waters shall be considered to extend from a bay or the open ocean to a point upstream where there is no significant mixing of fresh water and seawater. Estuarine waters included, but are not limited to, the SacramentoSan Joaquin Delta, as defined in Water Code section 12220, Suisun Bay, Carquinez Strait downstream to the Carquinez Bridge, and appropriate areas of the Smith, Mad, Eel, Noyo, Russian, Klamath, San Diego, and Otay rivers. Estuaries do not include inland surface waters or ocean waters.
Inland Surface Waters
All surface waters of the state that do not include the ocean, enclosed bays, or estuaries.
Instantaneous Maximum Effluent Limitation
The highest allowable value for any single grab sample or aliquot (i.e., each grab sample or aliquot is independently compared to the instantaneous maximum limitation).
Instantaneous Minimum Effluent Limitation
The lowest allowable value for any single grab sample or aliquot (i.e., each grab sample or aliquot is independently compared to the instantaneous minimum limitation).
Maximum Daily Effluent Limitation (MDEL)
The highest allowable daily discharge of a pollutant, over a calendar day (or 24-hour period). For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of CITY OF REDONDO BEACH ORDER R4-2017-0178
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measurement, the daily discharge is calculated as the arithmetic mean measurement of the pollutant over the day.
Median
The middle measurement in a set of data. The median of a set of data is found by first arranging the measurements in order of magnitude (either increasing or decreasing order). If the number of measurements (n) is odd, then the median = X(n+1)/2. If n is even, then the median = (Xn/2 + X(n/2)+1)/2 (i.e., the midpoint between the n/2 and n/2+1).
Method Detection Limit (MDL)
MDL is the minimum concentration of a substance that can be measured and reported with 99 percent confidence that the analyte concentration is greater than zero, as defined in 40 C.F.R. part 136, Attachment B, revised as of July 3, 1999.
Minimum Level (ML)
ML is the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method specified sample weights, volumes, and processing steps have been followed.
Mixing Zone
Mixing Zone is a limited volume of receiving water that is allocated for mixing with a wastewater discharge where water quality criteria can be exceeded without causing adverse effects to the overall water body.
Not Detected (ND)
Sample results which are less than the laboratory’s MDL.
Persistent Pollutants
Persistent pollutants are substances for which degradation or decomposition in the environment is nonexistent or very slow.
Pollutant Minimization Program (PMP)
PMP means waste minimization and pollution prevention actions that include, but are not limited to, product substitution, waste stream recycling, alternative waste management methods, and education of the public and businesses. The goal of the PMP shall be to reduce all potential sources of a priority pollutant(s) through pollutant minimization (control) strategies, including pollution prevention measures as appropriate, to maintain the effluent concentration at or below the water quality-based effluent limitation. Pollution prevention measures may be particularly appropriate for persistent bioaccumulative priority pollutants where there is evidence that beneficial uses are being impacted. The Regional Water Board may consider cost effectiveness when establishing the requirements of a PMP. The completion and implementation of a Pollution Prevention Plan, if required pursuant to Water Code section 13263.3(d), shall be considered to fulfill the PMP requirements.
Pollution Prevention
Pollution Prevention means any action that causes a net reduction in the use or generation of a hazardous substance or other pollutant that is discharged into water and includes, but is not limited to, input change, operational improvement, production process change, and product reformulation (as defined in Water Code section 13263.3). Pollution prevention does not include actions that merely shift a pollutant in wastewater from one environmental medium to another environmental medium, unless clear environmental benefits of such an approach are identified to the satisfaction of the State Water Resources Control Board (State Water Board) or Regional Water Board.
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Reporting Level (RL)
The RL is the ML (and its associated analytical method) chosen by the Discharger for reporting and compliance determination from the ML’s included in this Order, including an additional factor if applicable as discussed herein. The ML’s included in this Order correspond to approved analytical methods for reporting a sample result that are selected by the Regional Water Board either from Appendix 4 of the SIP in accordance with section 2.4.2 of the SIP or established in accordance with section 2.4.3 of the SIP. The ML is based on the proper application of method-based analytical procedures for sample preparation and the absence of any matrix interferences. Other factors may be applied to the ML depending on the specific sample preparation steps employed. For example, the treatment typically applied in cases where there are matrix-effects is to dilute the sample or sample aliquot by a factor of ten. In such cases, this additional factor must be applied to the ML in the computation of the RL.
Source of Drinking Water
Any water designated as municipal or domestic supply (MUN) in a Regional Water Board Basin Plan.
Standard Deviation ()
Standard Deviation is a measure of variability that is calculated as follows:
= ([(x - )
2 ]/(n – 1))0.5
where:
x is the observed value;
is the arithmetic mean of the observed values; and
n is the number of samples.
Toxicity Reduction Evaluation (TRE)
TRE is a study conducted in a step-wise process designed to identify the causative agents of effluent or ambient toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm the reduction in toxicity. The first steps of the TRE consist of the collection of data relevant to the toxicity, including additional toxicity testing, and an evaluation of facility operations and maintenance practices, and best management practices. A Toxicity Identification Evaluation (TIE) may be required as part of the TRE, if appropriate. (A TIE is a set of procedures to identify the specific chemical(s) responsible for toxicity. These procedures are performed in three phases (characterization, identification, and confirmation) using aquatic organism toxicity tests.) CITY OF REDONDO BEACH ORDER R4-2017-0178
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B.
ATTACHMENT B – MAP
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C.
ATTACHMENT C – FLOW SCHEMATIC
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Site Schematic
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D.
ATTACHMENT D – STANDARD PROVISIONS
I. STANDARD PROVISIONS – PERMIT COMPLIANCE
A. Duty to Comply
1. The Discharger must comply with all of the terms, requirements, and conditions of this Order. Any noncompliance constitutes a violation of the Clean Water Act (CWA) and the California Water Code and is grounds for enforcement action; permit termination, revocation and reissuance, or modification; denial of a permit renewal application; or a combination thereof. (40 C.F.R. § 122.41(a); Wat. Code, §§ 13261, 13263, 13265, 13268, 13000, 13001, 13304, 13350, 13385.)
2. The Discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions, even if this Order has not yet been modified to incorporate the requirement. (40 C.F.R. § 122.41(a)(1).) B. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a Discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Order. (40 C.F.R. § 122.41(c).)
C. Duty to Mitigate
The Discharger shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this Order that has a reasonable likelihood of adversely affecting human health or the environment. (40 C.F.R. § 122.41(d).) D. Proper Operation and Maintenance
The Discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with the conditions of this Order. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems that are installed by a Discharger only when necessary to achieve compliance with the conditions of this Order. (40 C.F.R. § 122.41(e).)
E. Property Rights
1. This Order does not convey any property rights of any sort or any exclusive privileges. (40 C.F.R. § 122.41(g).)
2. The issuance of this Order does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations. (40 C.F.R. § 122.5(c).)
F. Inspection and Entry
The Discharger shall allow the Regional Water Board, State Water Board, U.S. EPA, and/or their authorized representatives (including an authorized contractor acting as their representative), upon the presentation of credentials and other documents, as may be required by law, to (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i); Wat. Code, §§ 13267, 13383):
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1. Enter upon the Discharger's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(i); 40 C.F.R. § 122.41(i)(1); Wat. Code, §§ 13267, 13383);
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(2); Wat. Code, §§ 13267, 13383);
3. Inspect and photograph, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(3); Wat. Code, §§ 13267, 13383); and
4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance or as otherwise authorized by the CWA or the Water Code, any substances or parameters at any location. (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i)(4); Wat. Code, §§ 13267, 13383.)
G. Bypass
1. Definitions
a. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility. (40 C.F.R. § 122.41(m)(1)(i).)
b. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (40 C.F.R. § 122.41(m)(1)(ii).)
2. Bypass not exceeding limitations. The Discharger may allow any bypass to occur which does not cause exceedances of effluent limitations, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions listed in Standard Provisions – Permit Compliance I.G.3, I.G.4, and I.G.5 below. (40 C.F.R. § 122.41(m)(2).)
3. Prohibition of bypass. Bypass is prohibited, and the Regional Water Board may take enforcement action against a Discharger for bypass, unless (40 C.F.R. § 122.41(m)(4)(i)):
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (40 C.F.R. § 122.41(m)(4)(i)(A));
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance (40 C.F.R. § 122.41(m)(4)(i)(B)); and c. The Discharger submitted notice to the Regional Water Board as required under Standard Provisions – Permit Compliance I.G.5 below. (40 C.F.R. § 122.41(m)(4)(i)(C).)
4. The Regional Water Board may approve an anticipated bypass, after considering its adverse effects, if the Regional Water Board determines that it will meet the three conditions listed in Standard Provisions – Permit Compliance I.G.3 above. (40 C.F.R. § 122.41(m)(4)(ii).)
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5. Notice
a. Anticipated bypass. If the Discharger knows in advance of the need for a bypass, it shall submit a notice, if possible at least 10 days before the date of the bypass. As of December 21, 2020 all notices must be submitted electronically by the Discharger to the initial recipient, as defined in 40 C.F.R. section 127.2(b), in compliance with this section and 40 C.F.R. part 3 (including, in all cases, subpart D of part 3), section 122.22, and 40 C.F.R. part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of part 127, the Discharger may be required to report electronically if specified by a particular permit or if required to do so by state law. (40 C.F.R. § 122.41(m)(3)(i).) b. Unanticipated bypass. The Discharger shall submit notice of an unanticipated bypass as required in Standard Provisions - Reporting V.E below (24-hour notice). As of December 21, 2020 all notices must be submitted electronically by the Discharger to the initial recipient, as defined in 40 C.F.R. section 127.2(b), in compliance with this section and 40 C.F.R. part 3 (including, in all cases, subpart D of part 3), section 122.22, and 40 C.F.R. part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of part 127, the Discharger may be required to report electronically if specified by a particular permit or if required to do so by state law. (40 C.F.R. § 122.41(m)(3)(ii).) H. Upset
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (40 C.F.R. § 122.41(n)(1).)
1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Standard Provisions – Permit Compliance I.H.2 below are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (40 C.F.R. § 122.41(n)(2).)
2. Conditions necessary for a demonstration of upset. A Discharger who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that (40 C.F.R. § 122.41(n)(3)):
a. An upset occurred and that the Discharger can identify the cause(s) of the upset (40 C.F.R. § 122.41(n)(3)(i));
b. The permitted facility was, at the time, being properly operated (40 C.F.R. § 122.41(n)(3)(ii));
c. The Discharger submitted notice of the upset as required in Standard Provisions – Reporting V.E.2.b below (24-hour notice) (40 C.F.R. § 122.41(n)(3)(iii)); and d. The Discharger complied with any remedial measures required under Standard Provisions – Permit Compliance I.C above. (40 C.F.R. § 122.41(n)(3)(iv).) CITY OF REDONDO BEACH ORDER R4-2017-0178
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3. Burden of proof. In any enforcement proceeding, the Discharger seeking to establish the occurrence of an upset has the burden of proof. (40 C.F.R. § 122.41(n)(4).) II. STANDARD PROVISIONS – PERMIT ACTION
A. General
This Order may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Discharger for modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Order condition. (40 C.F.R. § 122.41(f).)
B. Duty to Reapply
If the Discharger wishes to continue an activity regulated by this Order after the expiration date of this Order, the Discharger must apply for and obtain a new permit. (40 C.F.R. § 122.41(b).) C. Transfers
This Order is not transferable to any person except after notice to the Regional Water Board.
The Regional Water Board may require modification or revocation and reissuance of the Order to change the name of the Discharger and incorporate such other requirements as may be necessary under the CWA and the Water Code. (40 C.F.R. §§ 122.41(l)(3), 122.61.) III. STANDARD PROVISIONS – MONITORING
A. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (40 C.F.R. § 122.41(j)(1).)
B. Monitoring must be conducted according to test procedures approved under 40 C.F.R. part 136 for the analyses of pollutants unless another method is required under 40 C.F.R. subchapters N or O. . Monitoring must be conducted according to sufficiently sensitive test methods approved under 40 C.F.R. part 136 for the analysis of pollutants or pollutant parameters or as required under 40 C.F.R. chapter 1, subchapter N or O. For the purposes of this paragraph, a method is sufficiently sensitive when:
1. The method minimum level (ML) is at or below the level of the most stringent effluent limitation established in the permit for the measured pollutant or pollutant parameter, and either the method ML is at or below the level of the most stringent applicable water quality criterion for the measured pollutant or pollutant parameter or the method ML is above the applicable water quality criterion but the amount of the pollutant or pollutant parameter in the facility’s discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge; or
2. The method has the lowest ML of the analytical methods approved under 40 C.F.R. part 136 or required under 40 C.F.R. chapter 1, subchapter N or O for the measured pollutant or pollutant parameter.
In the case of pollutants or pollutant parameters for which there are no approved methods under 40 C.F.R. part 136 or otherwise required under 40 C.F.R. chapter 1, subchapters N or O, monitoring must be conducted according to a test procedure specified in this Order for such pollutants or pollutant parameters. (40 C.F.R. §§ 122.21(e)(3), 122.41(j)(4), 122.44(i)(1)(iv).) IV. STANDARD PROVISIONS – RECORDS
A. Except for records of monitoring information required by this Order related to the Discharger's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 C.F.R. part 503), the Discharger shall retain records of all CITY OF REDONDO BEACH ORDER R4-2017-0178
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monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Regional Water Board Executive Officer at any time. (40 C.F.R. § 122.41(j)(2).)
B. Records of monitoring information shall include:
1. The date, exact place, and time of sampling or measurements (40 C.F.R. § 122.41(j)(3)(i));
2. The individual(s) who performed the sampling or measurements (40 C.F.R. § 122.41(j)(3)(ii));
3. The date(s) analyses were performed (40 C.F.R. § 122.41(j)(3)(iii));
4. The individual(s) who performed the analyses (40 C.F.R. § 122.41(j)(3)(iv));
5. The analytical techniques or methods used (40 C.F.R. § 122.41(j)(3)(v)); and
6. The results of such analyses. (40 C.F.R. § 122.41(j)(3)(vi).) C. Claims of confidentiality for the following information will be denied (40 C.F.R. § 122.7(b)):
1. The name and address of any permit applicant or Discharger (40 C.F.R. § 122.7(b)(1)); and
2. Permit applications and attachments, permits and effluent data. (40 C.F.R. § 122.7(b)(2).) V. STANDARD PROVISIONS – REPORTING
A. Duty to Provide Information
The Discharger shall furnish to the Regional Water Board, State Water Board, or U.S. EPA within a reasonable time, any information which the Regional Water Board, State Water Board, or U.S. EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order or to determine compliance with this Order. Upon request, the Discharger shall also furnish to the Regional Water Board, State Water Board, or U.S. EPA copies of records required to be kept by this Order. (40 C.F.R. § 122.41(h); Wat. Code, §§ 13267, 13383.)
B. Signatory and Certification Requirements
1. All applications, reports, or information submitted to the Regional Water Board, State Water Board, and/or U.S. EPA shall be signed and certified in accordance with Standard Provisions – Reporting V.B.2, V.B.3, V.B.4, and V.B.5 below. (40 C.F.R. § 122.41(k).)
2. All permit applications shall be signed by either a principal executive officer or ranking elected official. For purposes of this provision, a principal executive officer of a federal agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of U.S. EPA). (40 C.F.R. § 122.22(a)(3).).
3. All reports required by this Order and other information requested by the Regional Water Board, State Water Board, or U.S. EPA shall be signed by a person described in Standard Provisions – Reporting V.B.2 above, or by a duly authorized representative of that person.
A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Standard Provisions – Reporting V.B.2 above (40 C.F.R. § 122.22(b)(1));
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b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) (40 C.F.R. § 122.22(b)(2)); and
c. The written authorization is submitted to the Regional Water Board and State Water Board. (40 C.F.R. § 122.22(b)(3).)
4. If an authorization under Standard Provisions – Reporting V.B.3 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Standard Provisions – Reporting V.B.3 above must be submitted to the Regional Water Board and State Water Board prior to or together with any reports, information, or applications, to be signed by an authorized representative. (40 C.F.R. § 122.22(c).)
5. Any person signing a document under Standard Provisions – Reporting V.B.2 or V.B.3 above shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” (40 C.F.R. § 122.22(d).)
6. If documents described in Standard Provisions – V.B.1, V.B.2, or V.B.3 are submitted electronically by or on behalf of the NPDES-regulated facility, any person providing the electronic signature for such documents shall meet all relevant requirements of Standard Provisions – Reporting V.B, and shall ensure that all of the relevant requirements of 40 C.F.R. part 3 (including, in all cases, subpart D of part 3) (Cross-Media Electronic Reporting) and 40 C.F.R. part 127 (NPDES Electronic Reporting Requirements) are met for that submission. (40 C.F.R § 122.22(e).)
C. Monitoring Reports
1. Monitoring results shall be reported at the intervals specified in the Monitoring and Reporting Program (Attachment E) in this Order. (40 C.F.R. § 122.41(l)(4).)
2. Monitoring results must be reported on a Discharge Monitoring Report (DMR) form or forms provided or specified by the Regional Water Board or State Water Board for reporting results of monitoring of sludge use or disposal practices. As of December 21, 2016 all reports and forms must be submitted electronically by the Discharger to the initial recipient, as defined in Standard Provisions – Reporting V.J, in compliance with this section and 40 C.F.R. part 3 (including, in all cases, subpart D of part 3), section 122.22, and 40 C.F.R. part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of part 127, the Discharger may be required to report electronically if specified by the permit or if required to do so by state law. (40 C.F.R. § 122.41(l)(4)(i).)
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3. If the Discharger monitors any pollutant more frequently than required by this Order using test procedures approved under 40 C.F.R. part 136, or another method required for an industry-specific waste stream under 40 C.F.R. subchapters N or O, the results of such monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Regional Water Board. (40 C.F.R. § 122.41(l)(4)(ii).)
4. Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in this Order. (40 C.F.R. § 122.41(l)(4)(iii).) D. Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this Order, shall be submitted no later than 14 days following each schedule date. (40 C.F.R. § 122.41(l)(5).) E. Twenty-Four Hour Reporting
The Discharger shall report any noncompliance that may endanger health or the environment.
Any information shall be provided orally within 24 hours from the time the Discharger becomes aware of the circumstances. A report shall also be provided within five (5) days of the time the Discharger becomes aware of the circumstances. The report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports must include the data described above (with the exception of time of discovery) as well as the type of event (combined sewer overflows, sanitary sewer overflows, or bypass events), type of sewer overflow structure (e.g., manhole, combined sewer overflow outfall), discharge volumes untreated by the treatment works treating domestic sewage, types of human health and environmental impacts of the sewer overflow event, and whether the noncompliance was related to wet weather. As of December 21, 2020 all reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the Discharger to the initial recipient, as defined in Standard Provisions – Reporting V.J, in compliance with this section and 40 C.F.R. part 3 (including in all cases, subpart D of part 3), section 122.22, and 40 C.F.R. part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of part 127, the Discharger may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit or if required to do so by state law. The Regional Water Board may also require the Discharger to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(6)(i).) F. Planned Changes
The Discharger shall give notice to the Regional Water Board as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required under this provision only when (40 C.F.R. § 122.41(l)(1)):
1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in section 122.29(b) (40 C.F.R. § 122.41(l)(1)(i)); or CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT D – STANDARD PROVISIONS D-8
2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this Order. (40 C.F.R. § 122.41(l)(1)(ii).) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations in this Order nor to notification requirements under section 122.42(a)(1) (see Additional Provisions—Notification Levels VII.A.1). (40 C.F.R. § 122.41(l)(1)(ii).) G. Anticipated Noncompliance
The Discharger shall give advance notice to the Regional Water Board or State Water Board of any planned changes in the permitted facility or activity that may result in noncompliance with this Order’s requirements. (40 C.F.R. § 122.41(l)(2).) H. Other Noncompliance
The Discharger shall report all instances of noncompliance not reported under Standard Provisions – Reporting V.C, V.D, and V.E above at the time monitoring reports are submitted.
The reports shall contain the information listed in Standard Provision – Reporting V.E above.
For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports shall contain the information described in Standard Provision – Reporting V.E and the applicable required data in appendix A to 40 C.F.R. part 127. As of December 21, 2020 all reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the Discharger to the initial recipient, as defined in Standard Provisions – Reporting V.J, in compliance with this section and 40 C.F.R. part 3 (including, in all cases, subpart D of part 3), section122.22, and 40 C.F.R. part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of part 127, the Discharger may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit or if required to do so by state law. The Regional Water Board may also require the Discharger to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(7).) I. Other Information
When the Discharger becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Regional Water Board, State Water Board, or U.S. EPA, the Discharger shall promptly submit such facts or information. (40 C.F.R. § 122.41(l)(8).)
J. Identification of the Initial Recipient for NPDES Electronic Reporting Data The owner, operator, or the duly authorized representative of an NPDES-regulated entity is required to electronically submit the required NPDES information (as specified in appendix A to 40 C.F.R. part 127) to the appropriate initial recipient, as determined by U.S. EPA, and as defined in 40 C.F.R. section 127.2(b). U.S. EPA will identify and publish the list of initial recipients on its website and in the Federal Register, by state and by NPDES data group [see 40 C.F.R. section 127.2(c)]. U.S. EPA will update and maintain this listing. (40 C.F.R. § 122.41(l)(9).)
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ATTACHMENT D – STANDARD PROVISIONS D-9
VI. STANDARD PROVISIONS – ENFORCEMENT
A. The Regional Water Board is authorized to enforce the terms of this permit under several provisions of the Water Code, including, but not limited to, sections 13268, 13385, 13386, and 13387.
VII. ADDITIONAL PROVISIONS – NOTIFICATION LEVELS
A. Non-Municipal Facilities
Existing manufacturing, commercial, mining, and silvicultural Dischargers shall notify the Regional Water Board as soon as they know or have reason to believe (40 C.F.R. § 122.42(a)):
1. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in this Order, if that discharge will exceed the highest of the following "notification levels" (40 C.F.R. § 122.42(a)(1)):
a. 100 micrograms per liter (μg/L) (40 C.F.R. § 122.42(a)(1)(i)); b. 200 μg/L for acrolein and acrylonitrile; 500 μg/L for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol; and 1 milligram per liter (mg/L) for antimony (40 C.F.R. § 122.42(a)(1)(ii));
c. Five (5) times the maximum concentration value reported for that pollutant in the Report of Waste Discharge (40 C.F.R. § 122.42(a)(1)(iii)); or d. The level established by the Regional Water Board in accordance with section 122.44(f). (40 C.F.R. § 122.42(a)(1)(iv).)
2. That any activity has occurred or will occur that would result in the discharge, on a nonroutine or infrequent basis, of any toxic pollutant that is not limited in this Order, if that discharge will exceed the highest of the following “notification levels" (40 C.F.R. § 122.42(a)(2)):
a. 500 micrograms per liter (μg/L) (40 C.F.R. § 122.42(a)(2)(i)); b. 1 milligram per liter (mg/L) for antimony (40 C.F.R. § 122.42(a)(2)(ii)); c. Ten (10) times the maximum concentration value reported for that pollutant in the Report of Waste Discharge (40 C.F.R. § 122.42(a)(2)(iii)); or d. The level established by the Regional Water Board in accordance with section 122.44(f). (40 C.F.R. § 122.42(a)(2)(iv).)
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ATTACHMENT E – MONITORING & REPORTING PROGRAM E-1
E.
ATTACHMENT E – MONITORING AND REPORTING PROGRAM (MRP NO.8034)
CONTENTS
I. General Monitoring Provisions ......................................................................................................E-2 II. Monitoring Locations.....................................................................................................................E-5 III. Influent Monitoring Requirements..................................................................................................E-5 IV. Effluent Monitoring Requirements .................................................................................................E-6 A. Monitoring Location EFF-001..............................................................................................E-6 V. Whole Effluent Toxicity Testing Requirements ..............................................................................E-9 VI. Land Discharge Monitoring Requirements ..................................................................................E-13 VII.Recycling Monitoring Requirements – Not applicable..................................................................E-13 VIII. Receiving Water Monitoring Requirements ..............................................................................E-13 A. Surface Water Monitoring (Monitoring Location RSW-001)...............................................E-13 IX. Other Monitoring Requirements ..................................................................................................E-15 X. Reporting Requirements .............................................................................................................E-15 A. General Monitoring and Reporting Requirements .............................................................E-15 B. Self-Monitoring Reports (SMRs) .......................................................................................E-16 C. Discharge Monitoring Reports (DMRs)..............................................................................E-18 D. Other Reports ...................................................................................................................E-18 TABLES
Table E-1. Monitoring Station Locations .............................................................................................E-5 Table E-2. Influent Monitoring – Regular Season (Memorial Day to Labor Day)..................................E-5 Table E-3. Effluent Monitoring – Regular Season (Memorial Day to Labor Day) .................................E-6 Table E-4. Effluent Monitoring – Off-Season (Following Labor Day and Prior to Memorial Day) .........E-8 Table E-5. Receiving Water Monitoring Requirements......................................................................E-13 Table E-6. Monitoring Periods and Reporting Schedule....................................................................E-16 CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT E – MONITORING AND REPORTING PROGRAM (MRP NO. 8034) Section 308 of the federal Clean Water Act (CWA) and sections 122.41(h), (j)-(l), 122.44(i), and 122.48 of title 40 of the Code of Federal Regulations (40 C.F.R.) require that all NPDES permits specify monitoring and reporting requirements. Water Code sections 13267 and 13383 also authorize the Regional Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. This MRP establishes monitoring, reporting, and recordkeeping requirements that implement the federal and California laws and/or regulations.
I. GENERAL MONITORING PROVISIONS
A. An effluent sampling station shall be established for Discharge Point 001 and shall be located where representative samples of that effluent can be obtained.
B. Effluent samples shall be taken prior to mixing with the receiving waters.
C. The Regional Water Board shall be notified in writing of any change in the sampling stations once established or in the methods for determining the quantities of pollutants in the individual waste streams.
D. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. sections 136.3, 136.4, and 136.5 (revised May 18, 2012); or, where no methods are specified for a given pollutant, by methods approved by this Regional Water Board or the State Water Board.
Laboratories analyzing effluent samples and receiving water samples shall be certified by the State Water Board, Drinking Water Division, Environmental Laboratory Accreditation Program (ELAP) or approved by the Executive Officer and must include quality assurance/quality control (QA/QC) data in their reports. A copy of the laboratory certification shall be provided each time a new certification and/or renewal of the certification is obtained from ELAP.
E. For any analyses performed for which no procedure is specified in the U.S. EPA guidelines or in the MRP, the constituent or parameter analyzed and the method or procedure used must be specified in the monitoring report.
F. Each monitoring report must affirm in writing that “all analyses were conducted at a laboratory certified for such analyses by the State Water Board or approved by the Executive Officer and in accordance with current U.S. EPA guideline procedures or as specified in this MRP”.
G. The monitoring reports shall specify the analytical method used, the Method Detection Limit (MDL), and the Minimum Level (ML) for each pollutant. For the purpose of reporting compliance with numerical limitations, performance goals, and receiving water limitations, analytical data shall be reported by one of the following methods, as appropriate:
1. An actual numerical value for sample results greater than or equal to the ML; or
2. “Detected, but Not Quantified (DNQ)” if results are greater than or equal to the laboratory’s MDL but less than the ML; or,
3. “Not-Detected (ND)” for sample results less than the laboratory’s MDL with the MDL indicated for the analytical method used.
Analytical data reported as “less than” for the purpose of reporting compliance with permit limitations shall be the same or lower than the permit limit(s) established for the given parameter.
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Current ML’s (Attachment G) are those published by the State Water Board in the Policy for the Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California, February 24, 2005.
H. The MLs employed for effluent analyses shall be lower than the permit limitations established for a given parameter as per 40 CFR Parts 122 and 136, “National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting”. If the ML value is not below the effluent limitation, then the lowest ML value and its associated analytical method shall be selected for compliance purposes. At least once a year, the Discharger shall submit a list of the analytical methods employed for each test and associated laboratory QA/QC procedures.
I. The MLs employed for effluent analyses not associated with determining compliance with effluent limitations in this Order shall be lower than the lowest applicable water quality objective, for a given parameter, as stated in the CTR or Basin Plan. If the ML value is not below the water quality objective, then the lowest ML value and its associated analytical method shall be selected for compliance purposes, as per 40 CFR Parts 122 and 136. At least once a year, the Discharger shall submit a list of the analytical methods employed for each test, the associated laboratory QA/QC procedures, reporting levels (RLs), and method detection limits (MDLs).
The Regional Water Board, in consultation with the State Water Board Quality Assurance Program, shall establish a ML that is not contained in Attachment G to be included in the Discharger’s permit in any of the following situations:
1. When the pollutant under consideration is not included in Attachment G;
2. When the Discharger and Regional Water Board agree to include in the permit a test method that is more sensitive than that specified in part 136 (revised May 18, 2012);
3. When the Discharger agrees to use an ML that is lower than that listed in Attachment G;
4. When the Discharger demonstrates that the calibration standard matrix is sufficiently different from that used to establish the ML in Attachment G, and proposes an appropriate ML for their matrix; or,
5. When the Discharger uses a method whose quantification practices are not consistent with the definition of an ML. Examples of such methods are the U.S. EPA-approved method 1613 for dioxins and furans, method 1624 for volatile organic substances, and method 1625 for semi-volatile organic substances. In such cases, the Discharger, the Regional Water Board, and the State Water Board shall agree on a lowest quantifiable limit and that limit will substitute for the ML for reporting and compliance determination purposes.
J. Water/wastewater samples must be analyzed within allowable holding time limits as specified in section 136.3. All QA/QC items must be run on the same dates the samples were actually analyzed, and the results shall be reported in the Regional Water Board format, when it becomes available, and submitted with the laboratory reports. Proper chain of custody procedures must be followed, and a copy of the chain of custody shall be submitted with the report.
K. All analyses shall be accompanied by the chain of custody, including but not limited to data and time of sampling, sample identification, and name of person who performed sampling, date of analysis, name of person who performed analysis, QA/QC data, method detection CITY OF REDONDO BEACH ORDER R4-2017-0178
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limits, analytical methods, copy of laboratory certification, and a perjury statement executed by the person responsible for the laboratory.
L. The Discharger shall calibrate and perform maintenance procedures on all monitoring instruments and to insure accuracy of measurements, or shall insure that both equipment activities will be conducted.
M. Field analyses with short sample holding times such as pH, total residual chlorine, and temperature, may be performed using properly calibrated and maintained portable instruments by trained personnel acting on the Discharger’s behalf, using methods in accordance with 40 C.F.R. part 136. All field instruments must be calibrated per manufacturer’s instructions. A manual containing the standard operating procedures for all field analyses, including records of personnel proficiency training, instruments calibration and maintenance, and quality control procedures shall be maintained onsite, and shall be available for inspection by Regional Water Board staff. Information including instrument calibration, time of sample collection, time of analysis, name of analyst, quality assurance/quality control data, and measurement values shall be clearly documented during each field analysis and submitted to the Regional Water Board as part of the corresponding regular monitoring report.
N. The Discharger shall have, and implement, an acceptable written quality assurance (QA) plan for laboratory analyses. Unless otherwise specified in the analytical method, duplicate samples must be analyzed at a frequency of 5 percent (1 in 20 samples) with at least one if there are fewer than 20 samples in a batch. A batch is defined as a single analytical run encompassing no more than 24 hours from start to finish. A similar frequency shall be maintained for analyzing spiked samples.
O. When requested by the Regional Water Board or U.S. EPA, the Discharger will participate in the NPDES discharge monitoring report QA performance study. The Discharger must have a success rate equal to or greater than 80 percent.
P. For parameters that both average monthly and daily maximum limits are specified and the monitoring frequency is less than four times a month, the following shall apply. If an analytical result is greater than the average monthly limit, the Discharger shall collect four additional samples at approximately equal intervals during the month, until compliance with the average monthly limit has been demonstrated. All five analytical results shall be reported in the monitoring report for that month, or 45 days after results for the additional samples were received, whichever is later. In the event of noncompliance with an average monthly effluent limitation, the sampling frequency for that constituent shall be increased to weekly and shall continue at this level until compliance with the average monthly effluent limitation has been demonstrated. The Discharger shall provide for the approval of the Executive Officer a program to ensure future compliance with the average monthly limit.
Q. In the event wastes are transported to a different disposal site during the reporting period, the following shall be reported in the monitoring report:
1. Types of wastes and quantity of each type;
2. Name and address for each hauler of wastes (or method of transport if other than by hauling); and
3. Location of the final point(s) of disposal for each type of waste.
If no wastes are transported off-site during the reporting period, a statement to that effect shall be submitted.
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ATTACHMENT E – MONITORING & REPORTING PROGRAM E-5
R. Each monitoring report shall state whether or not there was any change in the discharge as described in the Order during the reporting period.
II. MONITORING LOCATIONS
The Discharger shall establish the following monitoring location to demonstrate compliance with the effluent limitations, discharge specifications, and other requirements in this Order:
Table E-1. Monitoring Station Locations
Discharge
Point Name
Monitoring
Location Name Monitoring Location Description
-- INF-001 Shall be located at the entrance of the intake water to the Lagoon.
001 EFF-001 (Latitude 33.8441º N, Longitude -118.3946º W) -- RSW-001 At a location within 50 feet from the discharge point, outside the influence of the discharge, in King Harbor
III. INFLUENT MONITORING REQUIREMENTS
Table E-2. Influent Monitoring – Regular Season (Memorial Day to Labor Day) Parameter Units Sample
Type
Minimum
Sampling
Frequency 1
Required Analytical
Test Method
Total Suspended Solids
(TSS) mg/l Grab 1/Week 2
Antimony, Total
Recoverable μg/L Grab 1/Month 2
Arsenic, Total Recoverable μg/L Grab 1/Month 2
Cadmium, Total
Recoverable μg/L Grab 1/Month 2
Copper, Total Recoverable μg/L Grab 1/Month 2
Mercury, Total Recoverable μg/L Grab 1/Month 2
Nickel, Total Recoverable μg/L Grab 1/Month 2
Selenium, Total
Recoverable μg/L Grab 1/Month 2
Silver, Total Recoverable μg/L Grab 1/Month 2
Thallium, Total Recoverable μg/L Grab 1/Month 2
Zinc, Total Recoverable μg/L Grab 1/Month 2
Cyanide, Total (as CN) μg/L Grab 1/Month 2
1. Two influent samples shall be collected at the specified frequency and should be representative of the intake water for the period sampled. The first influent sample shall be collected two hours prior to the effluent sample. The second influent sample shall be collected at approximately the same time as the effluent sample.
2. Pollutants shall be analyzed using the analytical methods described in 40 CFR Part 136; for priority pollutants.
The methods must meet the lowest minimum levels (MLs) specified in Attachment 4 of the SIP, provided here as Attachment H.
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ATTACHMENT E – MONITORING & REPORTING PROGRAM E-6
IV. EFFLUENT MONITORING REQUIREMENTS
A. Monitoring Location EFF-001
1. The Discharger shall monitor final wastewater discharges from Discharge Point 001 at Monitoring Location EFF-001 as follows. If more than one analytical test method is listed for a given parameter, the Discharger must select from the listed methods and corresponding minimum level. Sampling must be conducted when there is a discharge, and must be collected during low tide conditions.
Table E-3. Effluent Monitoring – Regular Season (Memorial Day to Labor Day) Parameter Units Sample
Type
Minimum
Sampling
Frequency 8
Required Analytical
Test Method
Total Flow1 MGD Meter 1/Day 2
pH standard
units Grab 1/Month 2
Biochemical Oxygen
Demand (BOD) (5-day
@ 20 Deg. C)
mg/L,
lbs/day3 Grab 1/Month 2
Total Suspended
Solids (TSS)
mg/L,
lbs/day3 Grab 1/Week 2
Oil and Grease mg/L,
lbs/day3 Grab 1/Week 2
Enterococcus MPN/100 ml Grab 3/Week 9 2, 4
Fecal Coliform MPN/100 ml Grab 3/Week9 2, 4
Total Coliform MPN/100 ml Grab 3/Week 9 2, 4
Ammonia Nitrogen,
Total (as N)
mg/L,
lbs/day3 Grab 1/Month 2
Chronic Toxicity
Pass or Fail
and % Effect
(TST)
Grab 1/Year 5
Chlorine, Total
Residual µg/L, lbs/day3 Grab 3/Week 2
Temperature º F Grab 1/Month 2
Turbidity NTU Grab 1/Month 2
Arsenic, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 2
Cadmium, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 2
Copper, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 2
Mercury, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 2
Nickel, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 2
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Parameter Units Sample
Type
Minimum
Sampling
Frequency 8
Required Analytical
Test Method
Selenium, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 2
Silver, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 3
Thallium, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 3
Zinc, Total
Recoverable µg/L, lbs/day3 Grab 1/Month 3
Cyanide, Total (as CN) µg/L, lbs/day3 Grab 1/Month 3
TCDD Equivalents6 µg/L, lbs/day3 Grab 1/Permit Term 3
Remaining Priority
Pollutants7 µg/L, lbs/day3 Grab 1/Year 3
1 The Discharger shall measure flow using the flow meter. The Discharger shall report the total daily flow in million gallons per day (MGD) for each day a discharge occurs. Periods of no flow shall also be reported. 2 Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136; for priority pollutants, the methods must meet the lowest ML’s specified in Attachment 4 of the SIP, provided in Attachment H. Where no methods are specified for a given pollutant, the methods must be approved by the Regional Water Board or the State Water Board. If more than one analytical test method is listed for a given parameter, the Discharger must select from the listed methods and corresponding ML necessary to demonstrate compliance with applicable effluent limitations.
3 The mass emission (lbs/day) for the discharge shall be calculated and reported using the limitation concentration and the actual flow rate measured at the time of discharge, using the formula:
M = 8.34 x Ce x Q
where: M = mass discharge for a pollutant, lbs/day
Ce = Reported concentration for a pollutant in mg/L
Q = actual discharge flow rate, MGD.
4 Detection methods used for coliforms (total and fecal) and Enterococcus shall be those presented in Table 1A of 40 C.F.R. part 136, unless alternate methods have been approved by U.S. EPA pursuant to 40 C.F.R. part 136 or improved methods have been determined by the Executive Officer and/or U.S. EPA. 5 The Discharger shall conduct Whole Effluent Toxicity monitoring as outlined in section V. Refer to section V.A.7 of this MRP for the accelerated monitoring schedule. The median monthly summary result shall be reported as “Pass” or “Fail”. The maximum daily single result shall be reported as “Pass or Fail” and “% Effect”. When there is discharge more than 1 day in a calendar month period, up to three independent toxicity tests are required when one toxicity test results in “Fail”.
6 TCDD equivalents shall be calculated using the following formula, where the ML’s and the toxicity equivalency factors (TEFs) are as listed in the Table below. The Discharger shall report all measured values of individual congeners, including data qualifiers. When calculating TCDD equivalents, the Discharger shall set congener concentrations below the ML’s to zero. U.S. EPA method 1613 may be used to analyze dioxin and furan congeners.
Dioxin-TEQ (TCDD equivalents) = ( Cx x TEFx)
where: Cx = concentration of dioxin or furan congener x TEFx= TEF for congener x
Toxicity Equivalency Factors
Congeners Minimum
Levels (pg/L)
Toxicity Equivalence
Factor (TEF)
2,3,7,8 - tetra CDD 10 1.0
1,2,3,7,8 - penta CDD 50 1.0
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Congeners Minimum
Levels (pg/L)
Toxicity Equivalence
Factor (TEF)
1,2,3,4,7,8 - hexa CDD 50 0.1
1,2,3,6,7,8 - hexa CDD 50 0.1
1,2,3,7,8,9 - hexa CDD 50 0.1
1,2,3,4,6,7,8 - hepta CDD 50 0.01
Octa CDD 100 0.0001
2,3,7,8 - tetra CDF 10 0.1
1,2,3,7,8 - penta CDF 50 0.05
2,3,4,7,8 - penta CDF 50 0.5
1,2,3,4,7,8 - hexa CDF 50 0.1
1,2,3,6,7,8 - hexa CDF 50 0.1
1,2,3,7,8,9 - hexa CDF 50 0.1
2,3,4,6,7,8 - hexa CDF 50 0.1
1,2,3,4,6,7,8 - hepta CDFs 50 0.01
1,2,3,4,7,8,9 - hepta CDFs 50 0.01
Octa CDF 100 0.0001
7 Priority pollutants as defined by California Toxics Rule (CTR) and included as Attachment I. 8 Two influent samples shall be collected at the specified frequency and should be representative of the intake water for the period sampled. The first influent sample shall be collected two hours prior to the effluent sample.
The second influent sample shall be collected at approximately the same time as the effluent sample.
9. Monitoring shall be conducted three times per week for a month. If all samples are in compliance with the limitations; the monitoring frequency may be reduced to weekly. If an exceedance occurs, the frequency goes back to three times per week until the facility is in compliance for a month.
Table E-4. Effluent Monitoring – Off-Season (Following Labor Day and Prior to Memorial Day) Parameter Units Sample
Type
Minimum Sampling
Frequency
Required Analytical
Test Method
Total Flow1 MGD Meter 1/Day during
discharge
3 pH standard
units Grab 1/Discharge2 3
BOD mg/L,
lbs/day4 Grab 1/Discharge2 3
TSS mg/L,
lbs/day4 Grab 1/Discharge2 3
Oil and Grease
mg/L,
lbs/day4 Grab 1/Discharge2 3
Enterococcus MPN/100 ml Grab 1/Discharge2 3
Fecal Coliform MPN/100 ml Grab 1/Discharge2 3
Total Coliform MPN/100 ml Grab 1/Discharge2 3
Ammonia Nitrogen
Total (as N)
mg/L,
lbs/day4 Grab 1/Discharge2 3
Chlorine, Total
Residual µg/L, lbs/day4 Grab 1/Discharge2 3
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Parameter Units Sample
Type
Minimum Sampling
Frequency
Required Analytical
Test Method
Temperature º F Grab 1/Discharge2 3
Turbidity NTU Grab 1/Discharge2 3
Arsenic, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Cadmium, total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Copper, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Mercury, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Nickel, Total
Recoverable µg/L, lbs/day Grab 1/Discharge2 3
Selenium, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Silver, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Thallium, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Zinc, Total
Recoverable µg/L, lbs/day4 Grab 1/Discharge2 3
Cyanide, Total (as
CN) µg/L, lbs/day4 Grab 1/Discharge2 3
1 The Discharger shall measure flow using the flow meter. The Discharger shall report the total daily flow (MGD) for each day a discharge occurs.
2 During periods of extended discharge of one week or more, no more than one sample per week is required. 3 Pollutants shall be analyzed using the analytical methods described in 40 C.F.R part 136; for priority pollutants.
The methods must meet the lowest minimum levels (ML’s) specified in Attachment 4 of the SIP, provided as Attachment H. Where no methods are specified for a given pollutant, the methods must be approved by this Regional Water Board or the State Water Board.
4 The mass emission (lbs/day) for the discharge shall be calculated and reported using the limitation concentration and the actual flow rate measured at the time of discharge, using the formula:
M = 8.34 x Ce x Q
where: M = mass discharge for a pollutant, lbs/day
Ce = Reported concentration for a pollutant in mg/L
Q = actual discharge flow rate, MGD.
V. WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS
A. Chronic Toxicity Testing
1. Definition of Chronic Toxicity Testing
Chronic toxicity measures a sublethal effect (e.g., reduced growth, reproduction) to experimental test organisms exposed to an effluent or ambient waters compared to that of the control organisms. Chronic toxicity test results shall be measured using the two concentration (i.e., discharge in-stream waste concentration and laboratory water CITY OF REDONDO BEACH ORDER R4-2017-0178
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control) Test of Significant Toxicity (TST) statistical approach and reported in units of Pass or Fail and % Effect.
2. Discharge In-stream Waste Concentration (IWC) for Chronic Toxicity The chronic toxicity IWC for this discharge at Discharge Point 001 is 100 percent effluent. For receiving water monitoring, the IWC shall be 100 percent of the sample collected at the specified station location for receiving water monitoring.
3. Sample Volume and Holding Time
The total sample volume shall be determined by the specific toxicity test method used.
Sufficient sample volume shall be collected to perform the required toxicity test and Toxicity Identification Evaluation (TIE) studies. All toxicity tests shall be conducted as soon as possible following sample collection. No more than 36 hours shall elapse before the conclusion of sample collection and test initiation.
4. Chronic Marine and Estuarine Species and Test Methods If effluent samples are collected from outfalls discharging to receiving waters with salinity ≥1 ppt, the Discharger shall conduct the following chronic toxicity tests on effluent samples—at the in-stream waste concentration for the discharge—in accordance with species and test methods in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms (EPA/600/R-95/136, 1995). Artificial sea salts shall be used to increase sample salinity.
In no case shall these species be substituted with another test species unless written authorization from the Executive Officer is received.
a. A static renewal toxicity test with the topsmelt, Atherinops affinis (Larval Survival and Growth Test Method 1006.01).
b. A static non-renewal toxicity test with the purple sea urchin, Strongylocentrotus purpuratus, and the sand dollar, Dendraster excentricus (Fertilization Test Method 1008.0), or a static non-renewal toxicity test with the red abalone, Haliotis rufescens (Larval Shell Development Test Method).
c. A static non-renewal toxicity test with the giant kelp, Macrocystis pyrifera (Germination and Growth Test Method 1009.0).
5. Species Sensitivity Screening
Species sensitivity screening shall be conducted monthly for a period of 3 months. Once each month, the Discharger shall collect a single effluent sample and concurrently conduct three toxicity tests, using the fish, an invertebrate, and the alga species previously referenced. This sample shall also be analyzed for the parameters required for the discharge during that given month. The species that exhibits the highest “Percent Effect” at the discharge IWC during species sensitivity screening shall be used for routine monitoring during the permit cycle.
Rescreening is required at least once per 5 years. The Discharger shall rescreen with the 3 species listed above and continue to monitor with the most sensitive species. If the first suite of rescreening tests demonstrates that the same species is the most sensitive, then the rescreening does not need to include more than one suit of tests. If a different species is the most sensitive, or if there is ambiguity, then the Discharger shall proceed with suites of screening tests using enough collected effluent for a minimum of three, but not to exceed five suites.
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6. Quality Assurance and Additional Requirements
Quality assurance measures, instructions, and other recommendations and requirements are found in the test methods manual previously referenced. Additional requirements are specified below.
a. The discharge is subject to determination of “Pass” or “Fail” and “Percent Effect” from a single-effluent concentration chronic toxicity test at the discharge IWC using the Test of Significant Toxicity (TST) approach described in National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document (EPA 833-R-10-003, 2010), Appendix A, Figure A-1, and Table A-1. The null hypothesis (Ho) for the TST approach is: Mean discharge IWC response ≤0.75 × Mean control response. A test result that rejects this null hypothesis is reported as “Pass”. A test result that does not reject this null hypothesis is reported as “Fail”. The relative “Percent Effect” at the discharge IWC is defined and reported as: ((Mean control response ÷ Mean discharge IWC response) ÷ Mean control response)) × 100. b. The Median Monthly Effluent Limit (MMEL) for chronic toxicity only applies when there is a discharge more than one day in a calendar month period. During such calendar months, exactly three independent toxicity tests are required when one toxicity test results in “Fail”.
c. If the effluent toxicity test does not meet all test acceptability criteria (TAC) specified in the referenced test methods, then the Permittee must re-sample and re-test within 14 days.
d. Dilution water and control water, including brine controls, shall be laboratory water prepared and used as specified in the test methods manual. If dilution water and control water is different from test organism culture water, then a second control using culture water shall also be used.
e. Reference toxicant tests and effluent toxicity tests shall be conducted using the same test conditions (e.g., same test duration, etc.). Monthly reference toxicant testing is sufficient.
f. All reference toxicant test results should be reviewed and reported according to EPA guidance on the evaluation of concentration-response relationships found in Method Guidance and Recommendations for Whole Effluent Toxicity (WET) Testing (40 C.F.R. part 136) (EPA 821-B-00-004, 2000).
g. The Discharger shall perform toxicity tests on final effluent samples. Chlorine and ammonia shall not be removed from the effluent sample prior to toxicity testing, unless explicitly authorized under this section of the Monitoring and Reporting Program and the rationale is explained in the Fact Sheet (Attachment F).
7. Preparation of Initial Investigation TRE Work Plan
The Discharger shall prepare or update and submit a generic Initial Investigation TRE Work Plan within 90 days of the permit effective date, to be ready to respond to toxicity events. The Discharger shall review and update this work plan as necessary so it remains current and applicable to the discharge. At minimum, the work plan shall include:
a. A description of the investigation and evaluation techniques that will be used to identify potential causes and sources of toxicity, effluent variability, and treatment system efficiency.
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b. A description of methods for maximizing in-house treatment system efficiency, good housekeeping practices, and a list of all chemicals used in operations at the facility. c. If a Toxicity Identification Evaluation (TIE) is necessary, an indication of who would conduct the TIEs (i.e., an in-house expert or outside contractor).
8. Accelerated Monitoring Schedule for Median Monthly Summary Result: “Fail” (or Maximum Daily Single Result: “Fail and % Effect ≥50”)
The summary result shall be used when there is discharge more than one day in a calendar month. The single result shall be used when there is discharge of only one day in a calendar month.
Within 24 hours of the time the Discharger becomes aware of this result, the Discharger shall implement an accelerated monitoring schedule consisting of four, five-concentration toxicity tests (including the discharge IWC), conducted at approximately 2 week intervals, over an eight week period. If each of the accelerated toxicity tests results in “Pass”, the Discharger shall return to routine monitoring for the next monitoring period. If one of the accelerated toxicity tests results in “Fail”, the Discharger shall immediately implement the Toxicity Reduction Evaluation (TRE) Process conditions set forth below.
9. Toxicity Reduction Evaluation (TRE) Process
a. Preparation and Implementation of Detailed TRE Work Plan. The Discharger shall immediately initiate a TRE using, according to the type of treatment facility, EPA manual Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment Plants (EPA/833/B-99/002, 1999) or Generalized Methodology for Conducting Industrial Toxicity Reduction Evaluations (EPA/600/2-88/070, 1989).
Within 30 days, the Discharger shall submit to the Executive Officer a Detailed TRE Work Plan, which shall follow the generic Initial Investigation TRE Work Plan revised as appropriate for this toxicity event. It shall include the following information, and comply with additional conditions set by the Executive Officer:
b. Further actions by the Discharger to investigate, identify, and correct the causes of toxicity.
c. Actions the Discharger will take to mitigate the effects of the discharge and prevent the recurrence of toxicity.
d. A schedule for these actions, progress reports, and the final report.
10. TIE Implementation.
a. The Discharger may initiate a TIE as part of a TRE to identify the causes of toxicity using the same species and test method and, as guidance, EPA manuals: Methods for Aquatic Toxicity Identification Evaluations: Phase I Toxicity Characterization Procedures (EPA/600/6-91/003, 1991); Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity Identification Procedures for Samples Exhibiting Acute and Chronic Toxicity (EPA/600/R-92/080, 1993); Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity (EPA/600/R-92/081, 1993); and Marine Toxicity Identification Evaluation (TIE): Phase I Guidance Document (EPA/600/R-96-054, 1996). The TIE should be conducted on the species demonstrating the most sensitive toxicity response.
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b. Many recommended TRE elements parallel required or recommended efforts for source control, pollution prevention, and storm water control programs. TRE efforts should be coordinated with such efforts. As toxic substances are identified or characterized, the Discharger shall continue the TRE by determining the sources and evaluating alternative strategies for reducing or eliminating the substances from the discharge. All reasonable steps shall be taken to reduce toxicity to levels consistent with toxicity evaluation parameters.
c. The Discharger shall conduct routine effluent monitoring for the duration of the TRE process. Additional accelerated monitoring and TRE work plans are not required once a TRE is begun.
d. The Regional Water Board recognizes that toxicity may be episodic and identification of causes and reduction of sources of toxicity may not be successful in all cases. The TRE may be ended at any stage if monitoring finds there is no longer toxicity.
11. Reporting
The Self Monitoring Report (SMR) shall include a full laboratory report for each toxicity test. This report shall be prepared using the format and content of the test methods manual chapter called Report Preparation, including:
a. The toxicity test results for the TST approach, reported as “Pass” or “Fail” and “Percent (%) Effect” at the chronic toxicity IWC for the discharge. b. Water quality measurements for each toxicity test (e.g., pH, dissolved oxygen, temperature, conductivity, hardness, salinity, chlorine, ammonia). c. TRE/TIE results. The Regional Water Board Executive Officer shall be notified no later than 30 days from completion of each aspect of TRE/TIE analyses. d. Statistical program (e.g., TST calculator, CETIS, etc.) output results for each toxicity test.
VI. LAND DISCHARGE MONITORING REQUIREMENTS
Not Applicable
VII. RECYCLING MONITORING REQUIREMENTS – NOT APPLICABLE VIII. RECEIVING WATER MONITORING REQUIREMENTS
A. Surface Water Monitoring (Monitoring Location RSW-001)
1. The Discharger shall monitor the receiving water at Monitoring Location RSW-001 as follows:
Table E-5. Receiving Water Monitoring Requirements
Parameter Units Sample
Type
Minimum
Sampling
Frequency 5
Required
Analytical Test
Method
pH standard
units Grab 1/Quarter1 2
TSS mg/L Grab 1/Quarter 2
Ammonia Nitrogen, Total
(as N) mg/L Grab 1/Quarter1 2
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Parameter Units Sample
Type
Minimum
Sampling
Frequency 5
Required
Analytical Test
Method
Chlorine, Total Residual µg/L Grab 1/Quarter 2
Dissolved Oxygen (DO) mg/L Grab 1/Year
Salinity g/L Grab 1/Quarter1 2
Temperature oF Grab 1/Quarter1 2
Turbidity NTU Grab 1/Quarter 2
Arsenic, Total
Recoverable µg/L Grab 1/Quarter 2
Cadmium, Total
Recoverable µg/L Grab 1/Quarter 2
Copper, Total
Recoverable µg/L Grab 1/Quarter 2
Mercury, Total
Recoverable µg/L Grab 1/Quarter 2
Selenium, Total
Recoverable µg/L Grab 1/Quarter 2
Silver, Total Recoverable µg/L Grab 1/Quarter 2
Zinc, Total Recoverable µg/L Grab 1/Quarter 2
TCDD – Equivalents3 µg/L Grab 1/Permit Term 2
Cyanide, Total (as CN) µg/L Grab 1/Quarter 2
Remaining Priority
Pollutants4 µg/L Grab 1/Year 2
Fecal Coliform MPN/100
ml Grab 1/Quarter 2
Total Coliform MPN/100
ml Grab 1/Quarter 2
Enterococcus MPN/100
ml Grab 1/Quarter 2
1. Receiving water pH, temperature, salinity and ammonia must be collected at the same time the samples are collected for effluent ammonia analysis. A hand-held field meter may be used for pH and temperature, provided the meter utilizes a U.S. EPA-approved algorithm/method and is calibrated and maintained in accordance with the manufacturer’s instructions. A calibration and maintenance log for each meter used for monitoring required by this Monitoring and Reporting Program shall be maintained at the Facility.
2. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136; for priority pollutants, the methods must meet the lowest ML’s specified in Attachment 4 of the SIP, where no methods are specified for a given pollutant, by methods approved by this Regional Water Board or the State Water Board. If more than one analytical test method is listed for a given parameter, the Discharger must select from the listed methods and corresponding Minimum Level.
3. TCDD equivalents shall be calculated using the following formula, where the ML’s and the toxicity equivalency factors (TEFs) are as listed in the Table below. The Discharger shall report all measured values of individual congeners, including data qualifiers. When calculating TCDD equivalents, the Discharger shall set congener concentrations below the ML’s to zero. U.S. EPA method 1613 may be used to analyze dioxin and furan congeners.
Dioxin-TEQ (TCDD equivalents) = (Cx x TEFx)
where: Cx = concentration of dioxin or furan congener x TEFx= TEF for congener x
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Toxicity Equivalency Factors
Congeners Minimum
Levels (pg/L)
Toxicity Equivalence
Factor (TEF)
2,3,7,8 - tetra CDD 10 1.0
1,2,3,7,8 - penta CDD 50 1.0
1,2,3,4,7,8 - hexa CDD 50 0.1
1,2,3,6,7,8 - hexa CDD 50 0.1
1,2,3,7,8,9 - hexa CDD 50 0.1
1,2,3,4,6,7,8 - hepta CDD 50 0.01
Octa CDD 100 0.0001
2,3,7,8 - tetra CDF 10 0.1
1,2,3,7,8 - penta CDF 50 0.05
2,3,4,7,8 - penta CDF 50 0.5
1,2,3,4,7,8 - hexa CDF 50 0.1
1,2,3,6,7,8 - hexa CDF 50 0.1
1,2,3,7,8,9 - hexa CDF 50 0.1
2,3,4,6,7,8 - hexa CDF 50 0.1
1,2,3,4,6,7,8 - hepta CDFs 50 0.01
1,2,3,4,7,8,9 - hepta CDFs 50 0.01
Octa CDF 100 0.0001
4. Priority Pollutants as defined by the CTR and included as Attachment I.
5. The receiving water sample shall be collected at approximately the same time as the effluent sample IX. OTHER MONITORING REQUIREMENTS
BMPP Status and Effectiveness Report
1. As required under special Provision VI.C.3 of this Order, the Discharger shall submit an updated Storm Water Pollution Prevention Plan (SWPPP) to the Executive Officer of the Regional Water Board within 90 days of the Effective date of this permit.
2. Annually the Discharger shall report the status of the implementation and the effectiveness of the SWPPP required under Special Provision VI.C.3 of this Order. The SWPPP shall be reviewed at a minimum once per year and updated as needed to ensure all actual or potential sources of pollutants in wastewater discharged from the facility are addressed in the SWPPP. All changes or revisions to the SWPPP will be summarized in the annual report required under Attachment E, Monitoring and Reporting, section X.D.
3. On every Monday, the Discharger is requested to submit to the Regional Water Board at [email protected], referencing CI-8034, NPDES No. CA0064297, and Order No. R4-2017-0178, the data collected and submitted to the Los Angeles County Department of Public Health, Recreation Water Program.
X. REPORTING REQUIREMENTS
A. General Monitoring and Reporting Requirements
1. The Discharger shall comply with all Standard Provisions (Attachment D) related to monitoring, reporting, and recordkeeping.
2. If there is no discharge during any reporting period, the report shall so state.
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3. If the Discharger monitors (other than for process/operational control, startup, research, or equipment testing) any influent, effluent, or receiving water constituent more frequently than required by this Order using approved analytical methods, the results of those analyses shall be included in the monitoring report. These results shall be reflected in the calculation of the average (or median) used in demonstrating compliance with this Order/Permit.
4. Each monitoring report shall contain a separate section titled “Summary of NonCompliance” which discusses the compliance record and corrective actions taken or planned that may be needed to bring the discharge into full compliance with waste discharge requirements. This section shall clearly list all non-compliance with waste discharge requirements, as well as all excursions of effluent limitations.
5. The Discharger shall inform the Regional Water Board well in advance of any proposed construction activity that could potentially affect compliance with applicable requirements.
6. The Discharger shall report the results of chronic toxicity testing, TRE and TIE as required in the Attachment E, Monitoring and Reporting, section V.
B. Self-Monitoring Reports (SMRs)
1. The Discharger shall electronically submit SMRs using the State Water Board’s California Integrated Water Quality System (CIWQS) Program Web site (http://www.waterboards.ca.gov/ciwqs/index.html). The CIWQS Web site will provide additional information for SMR submittal in the event there will be a planned service interruption for electronic submittal.
2. The Discharger shall report in the SMR the results for all monitoring specified in this MRP under sections III through IX. The Discharger shall submit monthly SMRs including the results of all required monitoring using U.S. EPA-approved test methods or other test methods specified in this Order. SMRs are to include all new monitoring results obtained since the last SMR was submitted. If the Discharger monitors any pollutant more frequently than required by this Order, the results of this monitoring shall be included in the calculations and reporting of the data submitted in the SMR.
3. Monitoring periods and reporting for all required monitoring shall be completed according to the following schedule:
Table E-6. Monitoring Periods and Reporting Schedule
Reporting Period SMR Due Date
Start of Operation – June 30
July – July 31
August 1 - End of Operation
Annual Summary Report
August 1
September 1
October 1
March 1 of each year
Monitoring reports for off-season discharges shall be submitted 45 days after sampling.
If the Discharger monitors any pollutant more frequently than required by this Order, the results of this monitoring shall be included in the calculations and reporting of the data submitted in the SMR.
4. Reporting Protocols. The Discharger shall report with each sample result the applicable Reporting Level (RL) and the current Method Detection Limit (MDL), as determined by the procedure in 40 C.F.R. part 136.
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5. The Discharger shall report the results of analytical determinations for the presence of chemical constituents in a sample using the following reporting protocols:
a. Sample results greater than or equal to the RL shall be reported as measured by the laboratory (i.e., the measured chemical concentration in the sample). b. Sample results less than the RL, but greater than or equal to the laboratory’s MDL, shall be reported as “Detected, but Not Quantified,” or DNQ. The estimated chemical concentration of the sample shall also be reported.
For the purposes of data collection, the laboratory shall write the estimated chemical concentration next to DNQ. The laboratory may, if such information is available, include numerical estimates of the data quality for the reported result.
Numerical estimates of data quality may be percent accuracy (± a percentage of the reported value), numerical ranges (low to high), or any other means considered appropriate by the laboratory.
c. Sample results less than the laboratory’s MDL shall be reported as “Not Detected,” or ND.
d. Dischargers are to instruct laboratories to establish calibration standards so that the ML value (or its equivalent if there is differential treatment of samples relative to calibration standards) is the lowest calibration standard. At no time is the Discharger to use analytical data derived from extrapolation beyond the lowest point of the calibration curve.
6. Compliance Determination. Compliance with effluent limitations for priority pollutants shall be determined using sample reporting protocols defined above and Attachment A of this Order. For purposes of reporting and administrative enforcement by the Regional Water Board and State Water Board, the Discharger shall be deemed out of compliance with effluent limitations if the concentration of the priority pollutant in the monitoring sample is greater than the effluent limitation and greater than or equal to the reporting level (RL).
7. Multiple Sample Data. When determining compliance with an AMEL for priority pollutants and more than one sample result is available, the Discharger shall compute the arithmetic mean unless the data set contains one or more reported determinations of “Detected, but Not Quantified” (DNQ) or “Not Detected” (ND). In those cases, the Discharger shall compute the median in place of the arithmetic mean in accordance with the following procedure:
a. The data set shall be ranked from low to high, ranking the reported ND determinations lowest, DNQ determinations next, followed by quantified values (if any). The order of the individual ND or DNQ determinations is unimportant. b. The median value of the data set shall be determined. If the data set has an odd number of data points, then the median is the middle value. If the data set has an even number of data points, then the median is the average of the two values around the middle unless one or both of the points are ND or DNQ, in which case the median value shall be the lower of the two data points where DNQ is lower than a value and ND is lower than DNQ.
8. The Discharger shall submit SMRs in accordance with the following requirements:
a. The Discharger shall arrange all reported data in a tabular format. The data shall be summarized to clearly illustrate whether the facility is operating in compliance CITY OF REDONDO BEACH ORDER R4-2017-0178
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with interim and/or final effluent limitations. The Discharger is not required to duplicate the submittal of data that is entered in a tabular format within CIWQS.
When electronic submittal of data is required and CIWQS does not provide for entry into a tabular format within the system, the Discharger shall electronically submit the data in a tabular format as an attachment.
b. The Discharger shall attach a cover letter to the SMR. The information contained in the cover letter shall clearly identify violations of the WDRs; discuss corrective actions taken or planned; and the proposed time schedule for corrective actions.
Identified violations must include a description of the requirement that was violated and a description of the violation.
C. Discharge Monitoring Reports (DMRs)
As of the effective date of this Order, if the Discharger operates a “minor” facility as designated on page 1 of this Order, submittal of Discharge Monitoring Reports (DMRs) is not required.
However, at any time during the term of this Order, the State Water Board or the Regional Water Board may notify and require the Discharger to electronically submit DMRs.
D. Other Reports
1. The Discharger shall report the results of any toxicity testing, TRE/TIE, or SWPPP, required by Special Provisions in Sections VI.C.2.a and VI.C.3.a of the Order. The Discharger shall submit reports with the first monthly SMR scheduled to be submitted on or immediately following the report due date.
2. Within 90 days of the effective date of this permit, the Discharger is required to submit the following to the Regional Water Board:
a. Initial Investigation TRE workplan
b. Updated SWPPP
3. If the Discharger wishes to participate in a coordinated receiving water, biomonitoring, and sediment monitoring program with other dischargers to the King Harbor, then the Discharger shall submit a report seeking approval of the Regional Water Board.
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ATTACHMENT F – FACT SHEET F-1
F.
ATTACHMENT F – FACT SHEET
CONTENTS
I. Permit Information.........................................................................................................................F-3 II. Facility Description........................................................................................................................F-4 A. Description of Wastewater and Treatment ..........................................................................F-5 B. Discharge Points and Receiving Waters .............................................................................F-6 C. Summary of Existing Requirements and Self-Monitoring Report (SMR) Data .....................F-6 D. Compliance Summary.........................................................................................................F-8 E. Planned Changes ...............................................................................................................F-8 III. Applicable Plans, Policies, and Regulations..................................................................................F-8 A. Legal Authorities .................................................................................................................F-8 B. California Environmental Quality Act (CEQA)......................................................................F-9 C. State and Federal Laws, Regulations, Policies, and Plans..................................................F-9 D. Impaired Water Bodies on CWA 303(d) List......................................................................F-11 E. Other Plans, Polices and Regulations...............................................................................F-12 IV. Rationale For Effluent Limitations and Discharge Specifications .................................................F-12 A. Discharge Prohibitions ......................................................................................................F-12 B. Technology-Based Effluent Limitations .............................................................................F-12
1. Scope and Authority .....................................................................................................F-12
2. Applicable Technology-Based Effluent Limitations........................................................F-13 C. Water Quality-Based Effluent Limitations (WQBELs) ........................................................F-14
1. Scope and Authority .....................................................................................................F-14
2. Applicable Beneficial Uses and Water Quality Criteria and Objectives..........................F-15
3. Reasonable Potential Analysis Methodology ................................................................F-16
4. WQBEL Calculations ....................................................................................................F-17
5. WQBELs Based on Basin Plan Objectives ...................................................................F-20
6. Whole Effluent Toxicity (WET)......................................................................................F-22 D. Final Effluent Limitation Considerations ............................................................................F-26
1. Anti-Backsliding Requirements .....................................................................................F-27
2. Antidegradation Policies ...............................................................................................F-27
3. Mass-based Effluent Limitations ...................................................................................F-28
4. Stringency of Requirements for Individual Pollutants ....................................................F-28
5. Summary of Final Effluent Limitations...........................................................................F-29 E. Interim Effluent Limitations................................................................................................F-30 F. Land Discharge Specifications..........................................................................................F-30 G. Recycling Specifications ...................................................................................................F-30 V. Rationale for Receiving Water Limitations...................................................................................F-31 A. Surface Water...................................................................................................................F-31 B. Groundwater.....................................................................................................................F-31 VI. Rationale for Provisions ..............................................................................................................F-31 A. Standard Provisions..........................................................................................................F-31 B. Special Provisions.............................................................................................................F-32
1. Reopener Provisions ....................................................................................................F-32
2. Special Studies and Additional Monitoring Requirements .............................................F-32
3. Best Management Practices and Pollution Prevention..................................................F-32
4. Construction, Operation, and Maintenance Specifications ............................................F-32
5. Special Provisions for Municipal Facilities (POTWs Only).............................................F-32 CITY OF REDONDO BEACH ORDER R4-2017-0178
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6. Other Special Provisions ..............................................................................................F-32
7. Compliance Schedules.................................................................................................F-32 VII.Rationale for Monitoring and Reporting Requirements................................................................F-32 A. Influent Monitoring ............................................................................................................F-33 B. Effluent Monitoring – Discharge Point 001 ........................................................................F-33 C. Whole Effluent Toxicity Testing Requirements ..................................................................F-33 D. Receiving Water Monitoring ..............................................................................................F-34
1. Surface Water ..............................................................................................................F-34
2. Groundwater.................................................................................................................F-34 E. Other Monitoring Requirements ........................................................................................F-34 VIII. Public Participation...................................................................................................................F-34 A. Notification of Interested Parties .......................................................................................F-34 B. Written Comments ............................................................................................................F-34 C. Public Hearing ..................................................................................................................F-35 D. Reconsideration of Waste Discharge Requirements .........................................................F-35 E. Information and Copying...................................................................................................F-35 F. Register of Interested Persons..........................................................................................F-35 G. Additional Information .......................................................................................................F-35 TABLES
Table F-1. Facility Information.............................................................................................................F-3 Table F-2. Historic Effluent Limitations and Monitoring Data...............................................................F-6 Table F-3. Summary of Compliance History........................................................................................F-8 Table F-4. Basin Plan Beneficial Uses ................................................................................................F-9 Table F-5. Summary of Technology-based Effluent Limitations – Discharge Point 001.....................F-14 Table F-6. Applicable Water Quality Criteria .....................................................................................F-15 Table F-7. Summary Reasonable Potential Analysis–Discharge Point 001.......................................F-16 Table F-8. Applicable Basin Plan Numeric Water Quality Objectives ................................................F-20 Table F-9. Summary of Final Effluent Limitations..............................................................................F-29 CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT F – FACT SHEET F-3
ATTACHMENT F – FACT SHEET
As described in section II.B of this Order, the Regional Water Board incorporates this Fact Sheet as findings of the Regional Water Board supporting the issuance of this Order. This Fact Sheet includes the legal requirements and technical rationale that serve as the basis for the requirements of this Order.
This Order has been prepared under a standardized format to accommodate a broad range of discharge requirements for Dischargers in California. Only those sections or subsections of this Order that are specifically identified as “not applicable” have been determined not to apply to this Discharger. Sections or subsections of this Order not specifically identified as “not applicable” are fully applicable to this Discharger.
I. PERMIT INFORMATION
The following table summarizes administrative information related to the facility.
Table F-1. Facility Information
WDID 4B190143001
Discharger City of Redondo Beach
Name of Facility Seaside Lagoon
Facility Address
200 Portofino Way
Redondo Beach, CA 90277
Los Angeles County
Facility Contact, Title
and Phone
Ted Semaan, Public Works Director (310) 318-0686 ext. 4172 ([email protected])
Authorized Person to
Sign and Submit
Reports
Ted Semaan, Public Works Director (310) 318-0686 ext. 4172 Mailing Address
Public Works Department, Engineering Services Division
414 Diamond Street
Redondo Beach, CA 90277
Los Angeles County
Billing Address Same as Mailing Address
Type of Facility Swimming Lagoon
Major or Minor Facility Minor
Threat to Water Quality 3
Complexity C
Pretreatment Program N
Recycling Requirements N/A
Facility Permitted Flow 3.07million gallons per day (MGD) Facility Design Flow 3.07MGD
Watershed Santa Monica Bay Watershed Management Area
Receiving Water King Harbor
Receiving Water Type Enclosed Bay
A. The City of Redondo Beach (hereinafter Discharger) is the owner and operator of the Seaside Lagoon (hereinafter Facility), a city park used for recreational activities.
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For the purposes of this Order, references to the “discharger” or “permittee” in applicable federal and state laws, regulations, plans, or policy are held to be equivalent to references to the Discharger herein.
B. The Facility discharges wastewater to King Harbor, a water of the United States, and is currently regulated by Order R4-2010-0185 which was adopted on October 7, 2010, and expired on September 10, 2015.
C. The Discharger filed a report of waste discharge and submitted an application for reissuance of its WDRs and NPDES permit on March 12, 2015. 40 CFR Part 122.6, “Continuation of expiring permits”, stipulates that the conditions of an expired permit continue in force until the effective date of the new permit, if the permittee has submitted a timely application. The Permittee has submitted a timely application. A site visit was conducted on April 20, 2015, to observe operations and collect additional data to develop permit limitations and requirements for waste discharge.
II. FACILITY DESCRIPTION
The Seaside Lagoon Facility (Seaside Lagoon or Facility) is located at 200 Portofino Way, Redondo Beach, California, and is owned and operated by the City of Redondo Beach (hereinafter the Permittee or Discharger). The Facility is a city park that includes a 1.4 million gallon, man-made, saltwater swimming lagoon. Other features include artificial beaches, play areas, and a snack bar.
Water for the Lagoon comes from the Redondo Beach Generating Station (RBGS or Power Plant) where the seawater collected from King Harbor is used to cool turbines. The Power Plant is located at 1100 Harbor Drive, Redondo Beach. RBGS currently operates four steam generating units (Units 5 – 8) in the city of Redondo Beach. The RBGS is owned and operated by AES Redondo Beach, LLC. Four other steam units (Units 1-4) have been retired but remain at the facility. The Power Plant is a “peak-demand” generation facility and as such operates intermittently. Cooling water for Units 5 and 6 is withdrawn through two submerged conduits extending into King Harbor and the Redondo Beach Marina, which is also located in King Harbor. Cooling water for Units 7 and 8 is withdrawn through a submerged conduit that extends approximately 3000 feet from the facility and is located at the mouth of King Harbor.
When operated at design capacity, the AES Power Plant discharges up to 898 MGD of once-through non-contact cooling water through two discharge outfalls (one discharges to Pacific Ocean and the second one discharges to King Harbor). The discharges are regulated under separate WDRs contained in Order No. R4-2016-0222. Approximately 3,200 gallons per minute (GPM) over a 16- hour operating day, which is equivalent to 3.07 MGD (approximately 0.26% of the total discharge from RBGS), of Power Plant once-through cooling water (that discharges to King Harbor) is directed to the Seaside Lagoon.
Seaside Lagoon is open to the public for swimming from Memorial Day through Labor Day.
Discharges mainly occur during this period, however, the Discharger occasionally allows the use of the Facility for social functions outside of the normal operating period which would also result in discharges.
Seaside Lagoon is a manmade waterbody. The Lagoon is constructed of a rock revetment with underlying sand. A 140 x 30 foot concrete structure was constructed adjacent to the revetment to house the water distribution system and provide a platform for installing recreational equipment (slides) used to enter the Lagoon. The revetment and sand surfaces are pervious, and therefore a constant inflow of water is needed to maintain the designed water surface elevation. Some of the water entering the Lagoon infiltrates into the pervious bottom, it evaporates, and it may be splashed from the Lagoon as a result of recreational use. Water is continually entering and exiting the Lagoon during normal operations.
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Source water for the Lagoon is obtained from the effluent discharge pipe from the RBGS. The pipeline is underground and runs approximately 1,000 feet from the RBGS to the Lagoon. The City of Redondo Beach maintains a pump station within a small building located on the property of the Redondo Beach Hotel.
The pump station consists of a valve that diverts a portion of the flow within the RBGS effluent pipe.
The RBGS intermittently discharges to King Harbor. When RBGS discharge is not occurring, the Lagoon source water becomes standing water that is present in the RBGS discharge pipe and any water that back siphons from King Harbor. Thus, the King Harbor seawater serves as source water for the Lagoon influent and the receiving water for Lagoon effluent. During the operating season influent pumps run from approximately 8:30 am until 6:15 pm.
A. Description of Wastewater and Treatment
The water supply system is equipped with both chlorination and dechlorination facilities. The chlorination system consists of one 1,000-gallon storage tank which holds 17 percent sodium hypochlorite; dual chemical feed pumps with manual controls; and related piping. The dechlorination system consists of one 1,000-gallon storage tank which holds 38 percent bisulfite; dual chemical feed pumps with manual controls; and related piping.
The Facility injects sodium hypochlorite into the influent pipeline at a station in the western area of the property. Sodium hypochlorite is added at an amount necessary to maintain 1 ppm of chlorine residual within the swimming area during operating hours. Facility staff determine the dose volumetrically, with adjustments made based on the results of periodic Lagoon chlorine measurements during the day. The Facility maintains two chlorination pumps, with one operating at a time (one is used for backup).
Following chlorination, influent water is conveyed to the platform that contains piping to the Lagoon and from the Lagoon to King Harbor. The chlorinated influent is distributed throughout the Lagoon by several jets within the platform wall. The level in the Lagoon is maintained at a maximum depth of 7 feet through use of three overflow structures within the Lagoon. During Facility operation, water flows into side openings in the overflow structure and drops down within a vault. A dechlorination nozzle is affixed to the cap of the overflow structure to deliver sodium bisulfite to the surface of water within the vault. Bisulfite is added at all three overflow structures. Additional piping exists for small recreational fountains on the top of the overflow structure. Water flows by gravity through an open pipe at the bottom of the vault to a collection pipe at the platform. The Facility maintains two dechlorination pumps. Only one operates at any given time and the other is retained for backup.
Several skimmers are located on the platform. Water that enters the skimmers collects in a pipe under the platform and is dechlorinated just prior to discharge. A booster pump is located under the platform and serves to provide additional pressure to deliver water to the Lagoon.
Dechlorinated water from the overflow structures is conveyed to a single pipe and then to the discharge manhole. A valve within the discharge manhole connects to the lagoon and is only used when the Lagoon needs to be drained, approximately once every two years. When not in use the valve is locked. Prior to opening the valve, staff measure chlorine concentrations to ensure that chlorine is not detected in the Lagoon water. This discharge leaves the Facility through the permitted discharge point and must be monitored in accordance with the MRP.
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B. Discharge Points and Receiving Waters
The Lagoon influent is taken from the Redondo Beach Power Plant (Power Plant) once through non-contact cooling water outfall conduit that discharges to King Harbor when the Power Plant is operating. When the Power Plant is not in operation, Lagoon influent is the tidal backwater from the discharge end of the Power Plant outfall conduit. Thus the King Harbor seawater serves as the source water for the Lagoon influent and the receiving water for Lagoon effluent. The Discharger has selected a new discharge monitoring location , where there is no tidal influence.
Previously sampling was conducted when there is a discharge and during low tide conditions (and/or when the water level in the vault is below the effluent discharge pipe) based on data provided by the National Oceanic and Atmospheric Administration’s (NOAA), Station No. 9410840 (Santa Monica, CA). During high tide conditions, the sampling vault would be almost completely inundated with sea water and the effluent pipe would be completely submerged. Therefore, the grab samples during high tide will not be representative of the effluent. The Discharger has selected a new discharge monitoring location, where there is no tidal influence.
From the discharge manhole, up to 3.07 MGD (same as the inflow to the Lagoon) of chlorinated/dechlorinated effluent from the overflow structures or the Lagoon drain valve is discharged to King Harbor via Discharge Point 001. Discharge Point 001 consists of a pipe that extends underneath a rock revetment for approximately 60 feet, terminating in King Harbor, a water of the United States. Latitude and longitude coordinates at the discharge point are 33.8441º N, 118.3946º W.
C. Summary of Existing Requirements and Self-Monitoring Report (SMR) Data Effluent limitations contained in the existing Order for discharges from Discharge Point 001 (Monitoring Location EFF-001) and representative monitoring data from the term of the previous Order are as follows:
Table F-2. Historic Effluent Limitations and Monitoring Data Parameter Units
Effluent Limitation
Monitoring Data (from
November 2010 through
September 2015)
Average
Monthly
Maximum
Daily
Highest Average
Monthly
Discharge
Highest
Daily
Discharge
Flow MGD -- 2.3 -- 2.3
pH Standard
units 6.5-8.51 6.17 - 7.932
Biochemical
Oxygen Demand
(BOD) (5-day @ 20
Deg. C)
mg/L 20 30 4.63 6.8
lbs/day 384 575 NR4 NR4
Total Suspended
Solids (TSS)
mg/L 50 75 --- 100 14
lbs/day 960 1,439 NR4 NR4
Oil and Grease mg/L 10 15 18 18
lbs/day 192 288 NR4 NR4
Turbidity NTU 50 75 5 5
Temperature ⁰F -- 865-- 78.4
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ATTACHMENT F – FACT SHEET F-7
Parameter Units
Effluent Limitation
Monitoring Data (from
November 2010 through
September 2015)
Average
Monthly
Maximum
Daily
Highest Average
Monthly
Discharge
Highest
Daily
Discharge
Chlorine, Total
Residual
µg/L 2 8 <10 80
lbs/day 0.038 0.15 NR4 NR4
Fecal coliform MPN/100
mL 2006 400 367 8,864
Total Coliform MPN/100
mL 1,0008 10,000 7327 24,196
Enterococcus MPN/100
mL 359 104 227 1,850
Ammonia mg/L 1.0210 2.0510 0.17 0.17
Acute Toxicity %
Survival
11 012
Chronic Toxicity13 TUc 1 >1
1. pH must be between 6.5 and 8.5 at all times
2. Range of observed values
3. Single result occurring during off-season event on 10/12/2014.
4. NR = Not Reported
5. Temperature must not exceed 86 and the maximum temperature of the discharge must not exceed the natural receiving water temperature by more than 20⁰F.
6. The fecal coliform density for any 30- day period shall not exceed a geometric mean of 200 per 100 ml nor shall more than 10 percent of the total samples during any 60-day period exceed 400 per 100 ml.
7. To calculate the geometric mean with non-detect results, a value of “1” was substituted for “<10”.
8. The geometric mean density of total coliform organisms shall be less than 1,000 per 100 ml (10 per ml). No single sample when verified by a repeat sample taken within 48 hours shall exceed 10,000 per 100 ml (100 per ml). Also, the total coliform density shall not exceed 1000 per 100 ml if the ratio of fecal to total coliform exceeds 0.1.
9. The geometric mean enterococcus density of the discharge shall not exceed 35 organisms per 100 ml for a 30-day period.
10. Total un-ionized ammonia water quality objectives of 0.035 mg/L for the 4-day average and
0.233 mg/L for the 1-hour average. These values have been translated utilizing the implementation procedure included in Resolution No. 2004-022 which revised the saltwater ammonia water quality objectives in the 1994 Basin Plan.
11. Average survival in effluent for any three consecutive 96-hour static or continuous flow bioassay tests shall be at least 90 percent, with no single test producing less than 70 percent survival.
12. Lowest percent survival of any single result.
13. The chronic toxicity of the effluent shall not exceed the monthly median trigger of 1.0 TUc in a critical life stage test. It is not an effluent limitation. However, if the effluent exceeds 1.0 TUc, the Discharger shall immediately implement accelerated chronic toxicity testing.
14. The monitoring result was in compliance with the interim limit of 120 mg/L applicable from May 10, 2010 to September 10, 2013.
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D. Compliance Summary
Data submitted to the Regional Water Board during the term of Order R4-2010-0185 yielded exceedances of effluent numeric limitations as shown in the table below:
Table F-3. Summary of Compliance History
Date Monitoring
Period Violation Type Pollutants Reported Value
Permit
Limitation Units
9/21/2015 3
rd Quarter
2015
Maximum
Daily Enterococcus 1,850 104 MPN/100 mL
9/21/2015 3
rd Quarter
2015
Maximum
Daily
Oil and
Grease 18 15 mg/L
9/30/2015 3
rd Quarter
2015
Monthly
Average
Oil and
Grease 18 10 mg/L
On June 6, 2014, the Regional Board issued Settlement Offer No. R4-2014-0082 for violations prior to November 2010. The EPL was later dismissed because the samples were taken at high tide and were not representative of the effluent, General Monitoring Requirement I.B of Order R4-2010-0185 requires effluent to be sampled prior to mixing with the receiving water.
The sample vault is tidally influenced such that the effluent pipe may become submerged at times. To ensure that the effluent sample is collected prior to mixing with the receiving water, this Order requires samples to be collected during low tide when the water level in the discharge vault is above the water level in the effluent outfall culvert. Additionally, the effluent sample location can be modified in the future to eliminate the possibility of a tidally influenced sample with written approval by the Regional Board staff. On December 18, 2015, the Regional Board issued Settlement Offer No. R4-2015-0239, which addresses most violations from July 21, 2014 through June 30, 2015. Nine thousand dollars ($ 9,000) has been accessed for violations occurring after June 30, 2015. The Discharger paid the fine on September 22, 2016.
E. Planned Changes
The development plans for the area included in the Waterfront Final Environmental Impact Report certified on July 2016 include plans for Seaside Lagoon to be reconfigured such that the Lagoon would become a tidally influenced ocean water, sand bottom passive facility open to King Harbor. Currently, the City of Redondo Beach has made no firm decision regarding .
Seaside Lagoon.
III. APPLICABLE PLANS, POLICIES, AND REGULATIONS
The requirements contained in this Order are based on the requirements and authorities described in this section.
A. Legal Authorities
This Order serves as WDRs pursuant to article 4, chapter 4, division 7 of the California Water Code (commencing with section 13260). This Order is also issued pursuant to section 402 of the federal Clean Water Act (CWA) and implementing regulations adopted by the U.S. EPA and chapter 5.5, division 7 of the Water Code (commencing with section 13370). It shall serve as an NPDES permit for point source discharges from this facility to surface waters.
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B. California Environmental Quality Act (CEQA)
Under Water Code section 13389, this action to adopt an NPDES permit is exempt from the provisions of Chapter 3 of CEQA, (commencing with section 21100) of Division 13 of the Public Resources Code.
C. State and Federal Laws, Regulations, Policies, and Plans
1. Water Quality Control Plan. The Regional Water Board adopted a Water Quality Control Plan for the Los Angeles Region (hereinafter Basin Plan) on June 13, 1994 that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the plan. Requirements in this Order implement the Basin Plan. In addition, the Basin Plan implements State Water Board Resolution 88-63, which established state policy that all waters, with certain exceptions, should be considered suitable or potentially suitable for municipal or domestic supply. Seaside Lagoon is a manmade water recreation Lagoon. King Harbor is the receiving water for discharges from Seaside Lagoon. King Harbor and Santa Monica Bay are included as exceptions because they are saltwater enclosed bays. The high salinity makes them unsuitable for municipal or domestic supply. Beneficial uses applicable to King Harbor are as follows:
Table F-4. Basin Plan Beneficial Uses
Discharge
Point
Receiving
Water Name Beneficial Use(s)
001 King Harbor
Existing:
Industrial service supply (IND), navigation (NAV), water contact recreation (REC-1), noncontact water recreation (REC2), commercial and sport fishing (COMM), marine
habitat (MAR), wildlife habitat (WILD), and rare,
threatened, or endangered species (RARE).
2. Thermal Plan. The State Water Board adopted the Water Quality Control Plan for Control of Temperature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California (Thermal Plan) on January 7, 1971, and amended this plan on September 18, 1975. Based on the requirements of the Thermal Plan and a White Paper developed by Regional Water Board staff entitled, Temperature and Dissolved Oxygen Impacts on Biota in Tidal Estuaries and Enclosed Bays in the Los Angeles Region, a maximum effluent temperature limitation of 86°F was determined to be appropriate for protection of aquatic life and is included in the permit. The white paper evaluated the optimum temperatures for aquatic species routinely available in surface water bodies within the Los Angeles Region including: steelhead, topsmelt, ghost shrimp, brown rock crab, jackknife clam, and blue mussel. This Order addresses the water quality objective for temperature by establishing effluent limitations based on the interpretation of the Thermal Plan and the White Paper.
3. Enclosed Bays and Estuaries Policy. The Water Quality Control Policy for the Enclosed Bays and Estuaries of California (Enclosed Bay and Estuaries Policy), adopted by the State Water Board as Resolution No. 95-84 on November 16, 1995, states that:
It is the policy of the State Board that the discharge of municipal wastewaters and industrial process waters (exclusive of cooling water discharges) to enclosed bays and estuaries, other than the San Francisco Bay-Delta system, shall be phased out at the CITY OF REDONDO BEACH ORDER R4-2017-0178
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earliest practicable date. Exceptions to this provision may be granted by a Regional Board only when the Regional Board finds that the wastewater in question would consistently be treated and discharged in such a manner that it would enhance the quality of receiving waters above that which would occur in the absence of the discharge.
While the Facility discharges into King Harbor, within the enclosed bay, the swimming Lagoon effluent is comprised primarily of dechlorinated, non-contact cooling water, and therefore is exclusive of the policy. Nonetheless, this Order contains provisions necessary to protect all beneficial uses of the receiving water.
4. National Toxics Rule (NTR) and California Toxics Rule (CTR). U.S. EPA adopted the NTR on December 22, 1992, and later amended it on May 4, 1995 and November 9, 1999. About forty criteria in the NTR applied in California. On May 18, 2000, U.S. EPA adopted the CTR. The CTR promulgated new toxics criteria for California and, in addition, incorporated the previously adopted NTR criteria that were applicable in the state. The CTR was amended on February 13, 2001. These rules contain federal water quality criteria for priority pollutants.
5. State Implementation Policy. On March 2, 2000, the State Water Board adopted the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (State Implementation Policy or SIP). The SIP became effective on April 28, 2000, with respect to the priority pollutant criteria promulgated for California by the U.S. EPA through the NTR and to the priority pollutant objectives established by the Regional Water Board in the Basin Plan. The SIP became effective on May 18, 2000, with respect to the priority pollutant criteria promulgated by the U.S.
EPA through the CTR. The State Water Board adopted amendments to the SIP on February 24, 2005, that became effective on July 13, 2005. The SIP establishes implementation provisions for priority pollutant criteria and objectives and provisions for chronic toxicity control. Requirements of this Order implement the SIP.
6. Antidegradation Policy. Federal regulation 40 C.F.R. section 131.12 requires that the state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California’s antidegradation policy in State Water Board Resolution 68-16 (“Statement of Policy with Respect to Maintaining High Quality of Waters in California”). Resolution 68-16 is deemed to incorporate the federal antidegradation policy where the federal policy applies under federal law.
Resolution 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings. The Regional Water Board’s Basin Plan implements, and incorporates by reference, both the State and federal antidegradation policies. The permitted discharge must be consistent with the antidegradation provision of 40 C.F.R. section 131.12 and State Water Board Resolution 68-16.
7. Anti-Backsliding Requirements. Sections 402(o) and 303(d)(4) of the CWA and federal regulations at 40 C.F.R. section 122.44(l) restrict backsliding in NPDES permits.
These anti-backsliding provisions require that effluent limitations in a reissued permit must be as stringent as those in the previous permit, with some exceptions in which limitations may be relaxed.
8. Endangered Species Act Requirements. This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish and Game Code, §§ 2050 to 2097) or the Federal Endangered Species Act (16 U.S.C.A. §§ 1531 to 1544). This Order requires compliance with effluent CITY OF REDONDO BEACH ORDER R4-2017-0178
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limitations, receiving water limitations, and other requirements to protect the beneficial uses of waters of the state, including protecting rare, threatened, or endangered species.
The discharger is responsible for meeting all requirements of the applicable Endangered Species Act.
9. Part 1 Trash Provisions Requirements. The State Water Board adopted the "Amendment to the Ocean Plan and Part I Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California" (Trash Amendments) through Resolution 2015-0019, which was approved by OAL on December 2, 2015 and became effective upon U.S. EPA approval on January 12, 2016.
The Trash Amendments apply to all surface waters of the State, with the exception of those waters within the jurisdiction of the Regional Water Board where trash or debris TMDLs are in effect prior to the effective date of the Trash Amendments. The discharge described in this Order is subject to the Trash Provisions as there are currently no Trash TMDLs for King Harbor. The Trash Amendments established a narrative water quality objective for trash and a prohibition on the discharge of trash, implemented through permits issued pursuant to CWA section 402(p), waste discharge requirements, or waivers of waste discharge requirements. No specific implementation provisions were prescribed for individual industrial permittees, and no references were made to the monitoring and reporting requirements for individual industrial permits.
This Order implements the requirements of the Trash Provisions through the prohibition of trash discharges to the NPDES discharge points. The discharge from the Facility is expected to be a significant contributor of trash. The Trash Provisions did not prescribe specific monitoring and reporting requirements applicable to the Discharger; therefore, this Order requires the Discharger to develop and implement a Storm Water Pollution Prevention Plan (SWPPP), which shall include specific BMPs used as storm water and authorized non-storm water control measures that the Discharger will undertake to prevent the discharge of trash from the Facility to King Harbor. The Discharger is required to detail and submit to the Regional Water Board annually (through their annual SWPPP submittal) specific BMPs (storm water control measures) employed to control and prohibit the discharge of trash and other pollutants from the Facility through the NPDES discharge point
D. Impaired Water Bodies on CWA 303(d) List
Section 303(d) of the CWA requires states to identify specific water bodies where water quality standards are not expected to be met after implementation of technology-based effluent limitations on point sources. For all 303(d)-listed water bodies and pollutants, the Water Board plans to develop and adopt TMDL’s that will specify waste load allocations (WLA’s) for point sources and load allocations (LA’s) for non-point sources, as appropriate.
On June 26, 2013, the U.S. EPA approved the State Water Board’s 2012 303(d) List of Water Quality Limited Segments (hereinafter 303(d) list). The 303(d) list identifies water bodies where water quality standards are not expected to be met after implementation of technologybased effluent limitations by point sources (water quality limited water bodies).
Santa Monica Bay (Offshore and Nearshore), including King Harbor, is on the 303(d) list for the following pollutants/stressors from point and non-point sources: DDT (tissue and sediment), PCBs (tissue and sediment), sediment toxicity, debris, and fish consumption advisory. Total Maximum Daily Loads (TMDL’s) have been developed to address DDT and PCBs. TMDL’s to address debris and sediment toxicity are both scheduled for 2019.
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On November 4, 2010, Regional Water Board adopted resolution R10-010, a TMDL for debris in the nearshore and offshore areas of Santa Monica Bay. The Basin Plan amendment was adopted on May 2, 2011, and became effective on March 20, 2012. Control of debris is addressed through permits issued to the California Department of Transportation, Los Angeles County and the Cities in Los Angeles County (under Los Angeles County storm water MS4 NPDES Permit). This TMDL does not include requirements applicable to the Discharger.
Consistent with 40 C.F.R. 130.2 and 130.7, section 303(d) of the CWA and USEPA guidance for developing TMDL’s in California (USEPA, 2000a), the USEPA issued the Santa Monica Bay TMDL’s for DDT and PCBs on March 2, 2012. The TMDL document includes WLAs for specific Dischargers identified in Table 6-2 of the TMDL. For Discharges that are not identified in Table 6-2, the Implementation Recommendations (pg. 58 of the TMDL) specify that:
“Water quality-based permitting for individual POTW and industrial discharges and nonstormwater general permit discharges without specified WLAs for DDT and PCBs in Table 6-2 should continue to be conducted by permit writers following all applicable State and federal regulations, plans, and policies; for these discharges, no specific WLAs are required if water quality based permitting procedures are followed by permit writers” The Facility is not identified in Table 6-2 and is therefore evaluated for water quality-based permit limitations according to procedures outlined in the SIP.
E. Other Plans, Polices and Regulations
Not applicable
IV. RATIONALE FOR EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS The CWA requires point source dischargers to control the amount of conventional, nonconventional, and toxic pollutants that are discharged into the waters of the United States. The control of pollutants discharged is established through effluent limitations and other requirements in NPDES permits. There are two principal bases for effluent limitations in the Code of Federal Regulations: 40 C.F.R. section 122.44(a) requires that permits include applicable technology-based limitations and standards; and 40 C.F.R. section 122.44(d) requires that permits include water quality-based effluent limitations to attain and maintain applicable numeric and narrative water quality criteria to protect the beneficial uses of the receiving water.
A. Discharge Prohibitions
The discharge prohibitions are based on the requirements of the Basin Plan, State Water Board’s plans and policies, the Water Code, and previous permit provisions, and are consistent with the requirements set for other discharges to King Harbor that are regulated by NPDES permits.
B. Technology-Based Effluent Limitations
1. Scope and Authority
Section 301(b) of the CWA and implementing U.S. EPA permit regulations at 40 C.F.R. section 122.44 require that permits include conditions meeting applicable technologybased requirements at a minimum, and any more stringent effluent limitations necessary to meet applicable water quality standards. The discharge authorized by this Order must meet minimum federal technology-based requirements based on Best Professional Judgment (BPJ) in accordance with part 125, section 125.3.
The CWA requires that technology-based effluent limitations be established based on several levels of controls:
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ATTACHMENT F – FACT SHEET F-13
a. Best practicable treatment control technology (BPT) represents the average of the best existing performance by well-operated facilities within an industrial category or subcategory. BPT standards apply to toxic, conventional, and non-conventional pollutants.
b. Best available technology economically achievable (BAT) represents the best existing performance of treatment technologies that are economically achievable within an industrial point source category. BAT standards apply to toxic and nonconventional pollutants. c. Best conventional pollutant control technology (BCT) represents the control from existing industrial point sources of conventional pollutants including BOD, TSS, fecal coliform, pH, and oil and grease. The BCT standard is established after considering a two-part reasonableness test. The BCT standard is established after considering the “cost reasonableness” of the relationship between the cost of attaining a reduction in effluent discharge and the benefits that would result, and also the cost effectiveness of additional industrial treatment beyond BPT. d. New source performance standards (NSPS) represent the best available demonstrated control technology standards. The intent of NSPS guidelines is to set limitations that represent state-of-the-art treatment technology for new sources.
The CWA requires U.S. EPA to develop effluent limitations, guidelines and standards (ELGs) representing application of BPT, BAT, BCT, and NSPS. Section 402(a)(1) of the CWA and 40 C.F.R. section 125.3 authorize the use of best professional judgment (BPJ) to derive technology-based effluent limitations on a case-by-case basis where ELGs are not available for certain industrial categories and/or pollutants of concern. BPJ is the method used by permit writers to develop technology-based NPDES permit conditions on a case- by-case basis using all reasonably available and relevant data. Where BPJ is used, the Regional Water Board must consider specific factors outlined in 40 C.F.R. section 125.3.
2. Applicable Technology-Based Effluent Limitations
This Order includes technology-based effluent limitations based on BPJ in accordance with 40 C.F.R. section 125.3. Numeric effluent limitations for BOD, oil and grease, turbidity, and total residual chlorine included in this Order are the same as the limitations included in Order R4-2010-0185. Pursuant to state and federal antibacksliding regulations, this Order retains effluent limitations for these pollutants as technologybased effluent limitations, as their removal would constitute backsliding. The numeric effluent limitations for these pollutants are consistent with technology-based limitations included in other orders within the State.
Order No. R4-2010-0185 required the Discharger to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). This Order requires the Discharger to update and continue to implement the SWPPP. The revised SWPPP will reflect current operations, treatment activities, and staff responsible for implementing and supporting the SWPPP. The SWPPP will outline site-specific management processes for minimizing Lagoon discharge wastewater contamination and for preventing contaminated Lagoon water from being discharged directly into King Harbor. At a minimum, the management practices should ensure that raw materials and chemicals do not come into contact with Lagoon water. This Order requires the Discharger to update the SWPPP consistent with requirements in Attachment G.
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ATTACHMENT F – FACT SHEET F-14
As a component of the SWPPP, the Discharger must identify Best Management Practices (BMPs) that address specific areas that are considered sources of pollutants.
The BMPs shall include measures to minimize the amount of pollutants entering the discharge. The Order requires the Discharger to update the Spill Prevention Control and Countermeasure (SPCC) Plan. The SPCC Plan is required in order to report on preventive and contingency (cleanup) procedures for controlling accidental discharges and for minimizing the adverse effects of such events.
The combination of the SWPPP, BMPP, SPCCP, and existing Order limitations based on past performance and reflecting BPJ will serve as the equivalent of technology-based effluent limitations, in the absence of established ELGs, in order to carry out the purposes and intent of the CWA.
Table F-5. Summary of Technology-based Effluent Limitations – Discharge Point 001 Parameter Units
Effluent Limitations
Average
Monthly
Maximum
Daily
Instantaneous
Minimum
Instantaneous
Maximum
BOD mg/L 20 30 -- --
lbs/day1 512 768 -- --
Chlorine, Total
Residual
µg/L 2 8 -- --
lbs/day1 0.05 0.2 -- --
Oil and Grease mg/L 10 15 -- --
lbs/day1 256 384 -- --
Turbidity NTU 50 75 -- --
1 The mass emission rates are based on the Facility’s maximum flow rate of 3.07 MGD at each Discharge Point, and are calculated as follows: Flow (MGD) x Concentration (mg/L) x 8.34 (conversion factor) = lbs/day.
C. Water Quality-Based Effluent Limitations (WQBELs)
1. Scope and Authority
CWA Section 301(b) and 40 C.F.R. section 122.44(d) require that permits include limitations more stringent than applicable federal technology-based requirements where necessary to achieve applicable water quality standards.
Section 122.44(d)(1)(i) of 40 C.F.R. requires that permits include effluent limitations for all pollutants that are or may be discharged at levels that have the reasonable potential to cause or contribute to an exceedance of a water quality standard, including numeric and narrative objectives within a standard. Where reasonable potential has been established for a pollutant, but there is no numeric criterion or objective for the pollutant, WQBELs must be established using: (1) U.S. EPA criteria guidance under CWA section 304(a), supplemented where necessary by other relevant information; (2) an indicator parameter for the pollutant of concern; or (3) a calculated numeric water quality criterion, such as a proposed state criterion or policy interpreting the state’s narrative criterion, supplemented with other relevant information, as provided in section 122.44(d)(1)(vi).
The process for determining reasonable potential and calculating WQBEL’s when necessary is intended to protect the designated uses of the receiving water as specified in the Basin Plan, and achieve applicable water quality objectives and criteria that are CITY OF REDONDO BEACH ORDER R4-2017-0178
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contained in other state plans and policies, or any applicable water quality criteria contained in the CTR and NTR.
2. Applicable Beneficial Uses and Water Quality Criteria and Objectives As noted in section II of the Limitations and Discharge Requirements, the Regional Water Board adopted a Basin Plan that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the Basin Plan. The beneficial uses applicable to King Harbor are summarized in section III.C.1 of this Fact Sheet. The Basin Plan includes both narrative and numeric water quality objectives applicable to the receiving water.
Priority pollutant water quality criteria in the CTR are applicable to King Harbor. The CTR contains both saltwater and freshwater criteria. Because a distinct separation generally does not exist between freshwater and saltwater aquatic communities, the following apply, in accordance with section 131.38(c)(3), saltwater criteria apply at salinities of 10 part per thousand (ppt) and above at locations where this occurs 95 percent or more of the time. The CTR criteria for saltwater, or human health for consumption of organisms, whichever is more stringent, are used to prescribe the effluent limitations to protect the beneficial uses of King Harbor. The Regional Water Board has determined that because the discharge is within the Harbor, saltwater and human health consumption of organism CTR criteria are applicable.
Table F-6. Applicable Water Quality Criteria
CTR
No. Constituent
Selected
Criteria
CTR/NTR Water Quality Criteria
Saltwater Human Health for
Consumption of:
Acute Chronic Organisms only
µg/L µg/L µg/L µg/L
1 Antimony, Total
Recoverable 4,300 -- -- 4,300
2 Arsenic, Total Recoverable 36 69 36 --
5 Cadmium, Total
Recoverable 9.4 42 9.4 Narrative
6 Copper, Total Recoverable 3.7 5.8 3.7 --
7 Lead, Total Recoverable 8.5 221 8.5 --
8 Mercury, Total Recoverable 0.051 Reserved Reserved 0.051 9 Nickel, Total Recoverable 8.3 75 8.3 4,600
10 Selenium, Total
Recoverable 71 291 71 Narrative
11 Silver, Total Recoverable 2.2 2.2 -- --
12 Thallium, Total
Recoverable 6.3 -- -- 6.3
13 Zinc, Total Recoverable 86 95 86 --
14 Cyanide Total (as CN) 1.0 1.0 1.0 220,000
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3. Reasonable Potential Analysis Methodology
In accordance with Section 1.3 of the SIP, the Regional Water Board conducts a Reasonable Potential Analysis (RPA) for each priority pollutant with an applicable criterion or objective to determine if a WQBEL is required in the permit. If there are TMDL WLAs approved by U.S. EPA, then WQBELs are developed using these WLAs.
Otherwise, the Regional Water Board analyzes effluent and receiving water data and identifies the maximum observed effluent concentration (MEC) and maximum background concentration (B) in the receiving water for each constituent. To determine reasonable potential, the MEC and the B are then compared with the applicable water quality objectives (C) outlined in the CTR, NTR, as well as the Basin Plan. For all pollutants that have a reasonable potential to cause or contribute to an excursion above a state water quality standard, numeric WQBELs are required.
The SIP specifies three triggers to complete a RPA:
i. Trigger 1 – if MEC ≥ C, a limitation is needed.
ii. Trigger 2 – If the background concentration B > C and the pollutant is detected in the effluent, a limitation is needed.
iii. Trigger 3 – If other related information such as CWA 303(d) listing for a pollutant, discharge type, compliance history, or other applicable factors indicate that a WQBEL is required.
Sufficient effluent and receiving water data are needed to conduct a complete RPA. If data are not sufficient, the Discharger will be required to gather the appropriate data for the Regional Water Board to conduct the RPA. Upon review of the data, and if the Regional Water Board determines that WQBELs are needed to protect the beneficial uses, the permit will be reopened for appropriate modification.
The RPA was performed using effluent and receiving water data collected by the Discharger at Monitoring Location EFF-001 from November 2010 through September 2015. This period represents the term of Order R4-2010-0185.
Table F-7. Summary Reasonable Potential Analysis–Discharge Point 001 CTR
No. Constituent
Applicable
Water
Quality
Criteria
(C) or WLA
Max
Effluent
Conc.
(MEC)
Maximum
Detected
Receiving
Water
Conc.
(B)
RPA
Result -
Need
Limit?
Reason
1 Antimony, Total
Recoverable 4,300 22 32.96 No MEC<C & B≤C
2 Arsenic, Total
Recoverable 36 28 110 Yes
B>C & pollutant
detected in
effluent
4 Cadmium, Total
Recoverable 9.4 52 26 Yes MEC≥C
6 Copper, Total
Recoverable 3.7 80 56 Yes MEC≥C
7 Lead, Total
Recoverable 8.5 < 0.003 500 No MEC is nondetect
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CTR
No. Constituent
Applicable
Water
Quality
Criteria
(C) or WLA
Max
Effluent
Conc.
(MEC)
Maximum
Detected
Receiving
Water
Conc.
(B)
RPA
Result -
Need
Limit?
Reason
8 Mercury, Total
Recoverable 0.051 0.088 0.082 Yes MEC≥C
9 Nickel, Total
Recoverable 8.3 8 6 No MEC<C & B≤C
10 Selenium, Total
Recoverable 71 300 318 Yes MEC≥C & B>C
11 Silver, Total
Recoverable 2.2 38 43 Yes MEC≥C
12 Thallium, Total
Recoverable 6.3 22 13 Yes MEC≥C
13 Zinc, Total
Recoverable 86 1,129 963 Yes MEC≥C
14 Cyanide, Total
(as CN) 1.0 2.6 -- Yes MEC≥C
4. WQBEL Calculations
a. If a reasonable potential exists to exceed applicable water quality criteria or objectives, then a WQBEL must be established in accordance with one or more of the three procedures contained in section 1.4 of the SIP. These procedures include:
i. If applicable and available, use the WLA established as part of a TMDL. ii. Use of a steady-state model to derive maximum daily effluent limitations (MDEL’s) and average monthly effluent limitations (AMELs). iii. Where sufficient effluent and receiving water data exist, use of a dynamic model, which has been approved by the Regional Water Board. b. The WQBELs for arsenic, cadmium, copper, mercury, selenium, silver, thallium, zinc, and cyanide are based on the reasonable potential determination and are calculated according to section 1.4 of the SIP.
c. Since many of the streams in the Region have minimal upstream flows, mixing zones and dilution credits are usually not appropriate. Therefore, in this Order, no dilution credit is included. However, in accordance with the reopener provision in section VI.C.1, this Order may be reopened upon the submission by the Discharger of adequate information to establish appropriate dilution credits or a mixing zone, as determined by the Regional Water Board.
d. Saltwater criteria are used for the calculation of effluent limitations. As provided in the CTR, saltwater criteria are independent of hardness; therefore they are not adjusted based on receiving water hardness.
e. WQBELs Calculation Example
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Using cyanide as an example, the following demonstrates how WQBELs were established for this Order. Attachment I summarizes the calculation of all WQBELs based on CTR criteria for this Order using the process described below. The process for developing these limitations is in accordance with section 1.4 of the SIP.
Calculation of aquatic life AMEL and MDEL:
Step 1: For each constituent requiring an effluent limitation, identify the applicable water quality criteria or objective. For each criterion, determine the effluent concentration allowance (ECA) using the following steady state equation:
ECA = C + D(C-B) when C>B, and
ECA = C when C≤B,
Where C = The priority pollutant criterion/objective, adjusted if necessary for hardness, pH and translators. For discharges from the Facility, criteria for saltwater are independent of hardness and pH.
D = The dilution credit, and
B =The ambient background concentration
As discussed above, this Order does not allow dilution; therefore:
ECA = C
For total cyanide the applicable ECAs are (reference Table F-6).
ECAAcute = 1.00 µg/L
ECAChronic = 1.00 µg/L
Step 2: For each ECA based or aquatic life criterion/objective, determine the longterm average discharge condition (LTA) by multiplying the ECA by a factor (multiplier). The multiplier is a statistically based factor that adjusts the ECA to account for effluent variability. The value of the multiplier varies depending on the coefficient of variation (CV) of the data set and whether it is an acute or chronic criterion/objective. Table 1 of the SIP provides pre-calculated values for the multipliers based on the value of the CV. Equations to develop the multipliers in place of using values in the tables are provided in section 1.4, Step 3 of the SIP and will not be repeated here.
LTAacute = ECAacute x Multiplieracute99
LTAchronic = ECAchronic x Multiplierchronic99
The CV for the data set must be determined before the multipliers can be selected and will vary depending on the number of samples and the standard deviation of a data set. If the data set is less than 10 samples, or at least 80 percent of the samples in the data set are reported as non-detect, the CV shall be set equal to
0.6. It the data set is greater than 10 samples, and at least 20 percent of the CITY OF REDONDO BEACH ORDER R4-2017-0178
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samples in the data set are reported as detected, the CV shall be equal to the standard deviation of the data set divided by the average of the data set.
For total cyanide, the following data were used to develop the acute and chronic LTAs using equations provided in section 1.4, Step 3 of the SIP (Table 1 of the SIP also provides this data up to three decimals):
No. of Samples CV ECA Multiplieracute ECA Multiplierchronic 4 0.6 0.32 0.53
LTAchronic = 1.00 µg/L x 0.53 = 0.53 µg/L
LTAacute = 1.00 µg/L x 0.32 = 0.32 µg/L
Step 3: Select the most limiting (lowest) of the LTA.
LTA = most limiting of LTAacute or LTAchronic
For cyanide the most limiting LTA is LTAacute
LTAcyanide = LTAacute= 0.32 µg/L
Step 4: Calculate the WQBELs by multiplying the LTA by a factor (multiplier).
WQBELs are expressed as AMEL and MDEL. The multiplier is a statistically based factor that adjusts the LTA for the averaging periods and exceedance frequencies of the criteria/objectives and the effluent limitations. The value of the multiplier varies depending on the probability basis, the CV of the data set, the number of samples (for AMEL) and whether it is a monthly or daily limitation. Table 2 of the SIP provides pre-calculated values for the multipliers based on the value of the CV and the number of samples. Equations to develop the multipliers in place of using values in the tables are provided in section 1.4, Step 5 of the SIP and will not be repeated here.
AMELaquatic life = LTA x AMELmultiplier95
MDELaquatic life = LTA x MDELmultiplier99
AMEL multipliers are based on a 95th percentile occurrence probability, and the MDEL multipliers are based on the 99th percentile occurrence probability. If the number of samples is less than four (4), the default number of samples to be used is four (4).
For total cyanide, the following data were used to develop the AMEL and MDEL for effluent limitations using equations provided in section 1.4, Step 5 of the SIP:
No. of Samples
Per Month CV MultiplierMDEL99 MultiplierAMEL95
4 0.6 3.11 1.55
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Total Cyanide
AMEL = 0.32 µg/L x 1.55 = 0.50 µg/L
MDEL = 0.32 µg/L x 3.11 = 1.00 µg/L
Step 5: For the ECA based on human health, set the AMEL equal to the ECAhuman health
AMELhuman health = ECAhuman health
For total cyanide,
AMELhuman health = 220,000 µg/L
Step 6: Calculate the MDEL for human health by multiplying the AMEL by the ratio of MultiplerMDEL to the MultiplierAMEL. Table 2 of the SIP provides pre-calculated ratios to be used in this calculation based on the CV and the number of samples.
MDELhuman health = AMELhuman health x (MultiplierMDEL/ MultiplierAMEL) For total cyanide, the following data were used to develop the MDELhuman health:
No. of Samples
Per Month CV MultiplierMDEL 99 MultiplierAMEL 95 Ratio
4 0.6 3.11 1.55 2.01
For total cyanide:
MDELhuman health= 220,000 µg/L x 2.01 = 440,000 µg/L
Step 7: Select the lower of the AMEL and MDEL based on aquatic life and human health criteria as the WQBEL for the Order.
0.50 µg/L (AMELaquatic life ) is less than 220,000 µg/L (AMELhuman health); 0.50 µg/L (AMELaquatic life ) applies
1.0 µg/L (MDELaquatic life ) is less than 440,000 µg/L (MDELhuman health); 1.0 µg/L (MDELaquatic life ) applies.
5. WQBELs Based on Basin Plan Objectives
Applicable Basin Plan objectives are summarized in the following table:
Table F-8. Applicable Basin Plan Numeric Water Quality Objectives Constituent Units Water Quality Objective
pH standard
units
The pH of bays or estuaries must be between 6.5 and 8.5 at all times and ambient pH shall not be changed more than 0.2 units from natural conditions.
Bacteria MPN/
100 ml
Marine Waters Designated for Water Contact Recreation (REC-1) Geometric Mean Limits
Total coliform density shall not exceed 1,000/100 ml.
Fecal coliform density shall not exceed 200/100 ml.
Enterococcus density shall not exceed 35/100 ml.
Single Sample Limits
Total coliform density shall not exceed 10,000/100 ml.
Fecal coliform density shall not exceed 400/100 ml.
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Constituent Units Water Quality Objective
Enterococcus density shall not exceed 104/100 ml.
Total coliform density shall not exceed 1,000/100 ml, if the ratio of fecal-to-total coliform exceeds 0.1.
Dissolved
Oxygen mg/L
The mean annual dissolved oxygen concentration of all waters shall be greater than 7.0 mg/L, and no single determination shall be less than 5.0 mg/L, except when natural conditions cause lesser concentrations.
Turbidity NTU
Where natural turbidity is between 0 and 50 NTU, increases shall not exceed 20%. Where natural turbidity is greater than 50 NTU increases shall not exceed 10%.
Chlorine,
Total
Residual
mg/L Chlorine residual shall not be present in surface water discharges at concentrations that exceed 0.1 mg/L.
a. pH. This Order includes effluent and receiving water limitations for pH to ensure compliance with Basin Plan Objectives for pH. These effluent limitations are retained from Order R4-2010-0185.
b. Bacteria. Order R4-2010-0185 included effluent limitations for bacteria equivalent to the Basin Plan Objectives. Because the Facility is a public swimming facility, there is the potential for elevated levels of bacteria in the discharge. As such, the effluent limitations from Order R4-2010-0185 are retained in this Order. c. Dissolved Oxygen. This Order addresses dissolved oxygen through effluent monitoring and receiving water limitations.
d. Turbidity. This Order includes technology-based effluent limitations for turbidity, as discussed in this Fact Sheet section IV.B.2. The technology-based limitations are expected to be protective of the Basin Plan Objective. These effluent limitations are retained from Order R4-2010-0185.
e. Temperature. This Order addresses the Basin Plan objective for temperature, by including effluent limitations based on the interpretation of the Thermal Plan and the White Paper, as described in section III.C.2 of this Fact Sheet. These effluent limitations are retained from Order R4-2010-0185.
f. Total Suspended Solids. The Basin Plan requires that, “Waters shall not contain suspended or settleable material in concentrations that cause nuisance or adversely affect beneficial uses.” This narrative objective has been translated into a numeric effluent limitation, based on U.S. EPA’s Quality Criteria for Water (commonly known as the “Gold Book”). In the Gold Book, U.S. EPA notes that “In a study downstream from a discharge where inert suspended solids were increased to 80 mg/L, the density of macroinvertebrates decreased by 60 percent…”. This indicates that suspended solids concentrations of 80 mg/L in the receiving water resulted in adverse effects to aquatic life. Effluent limitations of 50 mg/L (monthly average) and 75 mg/L (daily maximum) were included in Order R4- 2010-0185 and are being retained in this Order as their removal would constitute backsliding. The effluent limitations for TSS in Order R4-2010-0185 allowed for intake credits. Based on section 1.4.4 of the SIP the Discharger qualifies for intake credit for TSS therefore, intake credits are retained in this Order, see below for CITY OF REDONDO BEACH ORDER R4-2017-0178
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further discussion. The TSS effluent limitations are protective of the Basin Plan narrative objective for TSS.
6. Intake Credits for Metals, and TSS
a. Effluent Limitations for TSS and Metals based on Intake Water Credits Section 1.4.4 of the SIP provides that, intake water credit for a pollutant may be established in an NPDES permit based on a Discharger's demonstration that the following conditions are met:
1. The observed maximum ambient background concentration, as determined in section 1.4.3.1 and the intake water concentration of the pollutant exceeds the most stringent applicable criterion/objective for that pollutant;
2. The intake water credits provided are consistent with any TMDL applicable to the discharge that has been approved by the Regional Water Board, State Water Board, and U.S. EPA;
3. The intake water is from the same water body as the receiving water body.
The discharger may demonstrate this condition by showing that; a. the ambient background concentration of the pollutant in the receiving water, excluding any amount of the pollutant in the facility’s discharge, is similar to that of the intake water;
b. there is a direct hydrological connection between the intake and discharge points;
c. the water quality characteristics are similar in the intake and receiving waters; and
d. the intake water pollutant would have reached the vicinity of the discharge point in the receiving water within a reasonable period of time and with the same effect had it not been diverted by the discharger.
The Regional Water Board may also consider other factors when determining whether the intake water is from the same water body as the receiving water body;
4. The facility does not alter the intake water pollutant chemically or physically in a manner that adversely affects water quality and beneficial uses; and
5. The timing and location of the discharge does not cause adverse effects on water quality and beneficial uses that would not occur if the intake water pollutant had been left in the receiving water body.
The SIP conditions in section 1.4.4 are appropriate for evaluating intake credits for TSS limitations as the TSS WQBELs are protective of water quality criteria (see section VI.C.5.k). The previous Order allowed for TSS intake credits based on 40 CFR 122.45(g) which are evaluation conditions for technology-based limitations.
Upon further review, the Regional Water Board has determined that the TSS limitation is categorized as a WQBEL and intake credits are more appropriately evaluated following the five SIP conditions listed above. The conditions above are satisfied for TSS and CTR criteria as follows:
Criteria 1. Intake and effluent data, as presented below, show maximum metals concentrations in the intake and effluent collected during the operating seasons from 2011 through 2014. For TSS, the data was collected from the 2012 through CITY OF REDONDO BEACH ORDER R4-2017-0178
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2014 operating seasons. In 2011, the Facility conducted a separate study that showed intake concentrations and effluent concentrations above the effluent limitations protective of the Basin Plan objective. As shown in the table below, both the intake and effluent concentrations exceed the most stringent CTR criteria. For TSS, the intake and effluent concentrations exceed the numeric criteria developed to implement the Basin Plan objective for TSS.
Table F-9. Intake Credit Criteria 1 Data
Constituent Units
Most Stringent
Water Quality
Criteria/Objective
INF-001
Maximum
Conc.
INF-002
Maximum
Conc.
EFF-001
Maximum
Conc.
Satisfy
Criteria 1?
Arsenic µg/L 36 47 36 28 Yes
Cadmium µg/L 9.4 214 100 52 Yes
Copper µg/L 3.7 74 70 80 Yes
Selenium µg/L 71 291 271 300 Yes
Silver µg/L 2.2 37 27 38 Yes
Thallium µg/L 6.3 25 24 22 Yes
Zinc µg/L 86 1,183 901 1,129 Yes
TSS mg/L 801 74 80 100 Yes
1. Criteria to implement the narrative water quality objective for TSS.
Criteria 2. There are no TMDLs for King Harbor nor is King Harbor listed on the 2012 CWA 303(d) list of water quality limited segments. Santa Monica Bay (Offshore and Nearshore), including King Harbor, is on the 303(d) list for the following pollutants/stressors from point and non-point sources: DDT (tissue and sediment), PCBs (tissue and sediment), sediment toxicity, debris, and fish consumption advisory. TMDL’s have been developed to address DDT and PCBs.
TMDLs to address debris and sediment toxicity are both scheduled for 2019.
Arsenic, cadmium, copper, selenium, silver, thallium, zinc, and TSS are not 303 (d) listed pollutants nor are they addressed by TMDLs. Therefore, the intake credits are consistent with applicable TMDLs and satisfy Criteria 2.
Criteria 3a. The intake water is from the same water body as the receiving water body. As shown in the table below, the ambient background maximum concentrations of the pollutant in the receiving water (RSW-001) is similar to that of the intake water. Variations observed may be attributed to temporal variability, normal water quality variability, or analytical variability.
Table F-10. Intake Credit Criteria 3b Data
Constituent Units
RSW-001
Maximum
Conc.
INF-001
Maximum
Conc.1
INF-002
Maximum
Conc.1
Satisfy
Criteria
3a?
Arsenic µg/L 51 47 36 Yes
Cadmium µg/L 26 214 100 Yes2
Copper µg/L 56 74 70 Yes
Selenium µg/L 318 291 271 Yes2
Silver µg/L 43 37 27 Yes
Thallium µg/L 13 25 24 Yes
Zinc µg/L 963 1183 901 Yes
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Constituent Units
RSW-001
Maximum
Conc.
INF-001
Maximum
Conc.1
INF-002
Maximum
Conc.1
Satisfy
Criteria
3a?
TSS mg/L 96 74 80 Yes
1. Order R4-2010-0185 specifies that two influent samples shall be collected, with the first influent sample (INF-001) collected two hours prior to the effluent sample. The second influent sample (INF-002) is collected at approximately the same time as the effluent sample.
2. Cadmium was detected on only one out of 33 sample dates. On all other sample dates the results of RSW001, INF-001, and INF-002 were all non-detects indicating similarity between RSW-001, INF-001, and INF002.
Criteria 3b. The intake water at the Facility consists of water directly from King Harbor or non-contact cooling water from Redondo Beach Generating Station (RBGS) intake structure located between the breakwaters that form the entrance to King Harbor. The breakwater area is directly connected to the area of King Harbor closer to shore where the discharge occurs. Both intake locations are hydrologically connected to the Discharge Point, satisfying criteria 3b.
Criteria 3c. King Harbor, where all intake water to the Facility originates and is discharged, is continuously flushed by the Santa Monica Bay. Therefore the receiving water characteristics are similar to the intake water characteristics.
Criteria 3d. The cooling water discharge from RBGS would be discharged to King Harbor whether or not the Facility was using it as intake water. The Facility’s intake source from King Harbor is also near the Discharge Point. The Facility’s discharge does not alter currents or mixing within the Harbor and the intake waters will reach the location of the receiving waters through natural mixing processes, thus satisfying Criteria 3d.
Criteria 4. With the exception of chlorine addition and dechlorination, the Facility does not alter the intake water chemically or physically. Neither chlorination or dechlorination is expected to alter the constituents for which intake credits are sought and no adverse impacts on water quality or beneficial uses are expected.
Criteria 5. As discussed under Criteria 3d, the intake water is present in King Harbor regardless of whether the Facility is operating. As this intake water is essentially passing through the Facility, neither the timing nor the location of the discharge cause adverse effects on water quality and beneficial uses.
According to Section 1.4.4 of the SIP, the Regional Water Board may establish effluent limitations allowing the facility to discharge a mass and concentration of the intake water pollutant that is no greater than the mass and concentration found in the facility's intake water. The Regional Water Board may also determine compliance by simultaneously monitoring the pollutant concentrations in the intake water and in the effluent.
The monthly average intake concentration of pollutant is calculated by adding all analytical monitoring results in a calendar month divided by the number of monitoring events for that month. If only a single sample is taken during the calendar month then the analytical result for that sample will be considered as the monthly average value or result.
If the influent water pollutant concentration does not exceed the average monthly limitation then the limitations are applied as noted in Table F-10 Summary of Final CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT F – FACT SHEET F-25
Effluent Limitations Discharge Point 001. If the influent water pollutant concentration exceeds the average monthly limitation but does not exceed the maximum daily limitation then compliance with the average monthly limitation will be determined based on intake water credits and compliance with the maximum daily limitation is applied as noted in Table F-10. If the influent water pollutant concentration exceeds the maximum daily limitation then compliance with both the average monthly and the maximum daily will be determined based on intake water credits.
When applying intake water credit, the pollutant effluent limitation is equal to the maximum pollutant concentration in the influent water, which is the same as the intake water. The equation is as follows:
Pollutant effluent limitation with intake water credit = maximum pollutant influent water concentration
Two influent samples shall be collected to address the variability of the influent water. The first influent sample shall be collected two hours prior to the effluent sample. The second influent sample shall be collected at approximately the same time as the effluent sample. When evaluating compliance with the pollutant effluent limitations based on intake water credit, compare the pollutant effluent concentration to the maximum copper influent water concentration as follows:
If pollutant effluent concentration > maximum pollutant influent water concentration then violation.
If pollutant effluent concentration ≤ maximum pollutant influent water concentration then in compliance.
If pollutant monthly average effluent concentration ≤ monthly average pollutant influent concentration then in compliance.
(If only one effluent sample is taken per month, then the monitoring result has to comply with the monthly average limitation based on intake credits).
The intake credits do not allow the Facility to contribute additional TSS when the exceedance of effluent limitations is due to intake concentrations.
7. Whole Effluent Toxicity (WET)
Whole effluent toxicity (WET) protects the receiving water quality from the aggregate toxic effect of a mixture of pollutants in the effluent. WET tests measure the degree of response of exposed aquatic test organisms to an effluent. The WET approach allows for protection of the narrative “no toxics in toxic amounts” criterion while implementing numeric criteria for toxicity. There are two types of WET tests: acute and chronic. An acute toxicity test is conducted over a short time period and measures mortality. A chronic toxicity test is conducted over a longer period of time and may measure mortality, reproduction, and growth.
The Basin Plan specifies a narrative objective for toxicity, requiring that all waters be maintained free of toxic substances in concentrations that are lethal to or produce other detrimental responses by aquatic organisms. Detrimental response includes, but is not limited to, decreased growth rate, decreased reproductive success of resident or indicator species, and/or significant alterations in population, community ecology, or receiving water biota.
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ATTACHMENT F – FACT SHEET F-26
Order R4-2010-0185 contained acute toxicity limitations and monitoring requirements in accordance with the Basin Plan, in which the acute toxicity objective for discharges dictates that the average survival in undiluted effluent for any three consecutive 96-hour static or continuous flow bioassay tests shall be at least 90 percent, with no single test having less than 70 percent survival. During the period of November 2010 through September 2015, acute toxicity results varied from 0 percent to 100 percent survival.
In addition to the Basin Plan requirements, Section 4 of the SIP states that a chronic toxicity effluent limitation is required in permits for all discharges that will cause, have the reasonable potential to cause, or contribute to chronic toxicity in receiving waters. During the period of November 2010 through September 2015, chronic toxicity results varied from <1 TUC to >1 TUc. Samples collected on August 12, 2013, demonstrated chronic toxicity with an NOEC of > 1 TUc. In addition, the Facility treats Lagoon water with chlorine, which is highly toxic to aquatic life. Chronic toxicity is a more stringent requirement than acute toxicity. A chemical at a low concentration can have chronic effects but no acute effects.
For these reasons a WET limitation is retained in this Order. Chronic toxicity provides a more sensitive endpoint. Only chronic toxicity requirements are included in this order.
The WET testing requirements for chronic toxicity in this Order are based on U.S. EPA’s 2010 Test of Significant Toxicity (TST) 2-concentration hypothesis testing approach in National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document (EPA 833-R-10-003, 2010) as an improved hypothesis-testing tool to evaluate data from U.S. EPA’s toxicity test methods. The TST hypothesis testing approach more reliably identifies toxicity—in relation to the chronic (0.25 or more) and acute (0.20 or more) mean responses of regulatory management concern—than the current NOEC hypothesis-testing approach. The TST is the superior approach for addressing statistical uncertainty when used in combination with U.S. EPA’s toxicity test methods and is implemented in federal permits issued by U.S. EPA Region 9.
The chronic toxicity IWC for Discharge Point 001 is 100/(0+1) = 100 percent effluent.
The TST’s null hypothesis for chronic toxicity is:
H0:Mean response (In-stream Waste Concentration (IWC) in percent effluent) ≤ 0.75 mean response (Control).
Results obtained from a single-concentration chronic toxicity test are analyzed using the TST approach and an acceptable level of chronic toxicity is demonstrated by rejecting the null hypothesis and reporting “Pass” or “P”.
The MDEL for chronic toxicity is exceeded and a violation will be flagged when a chronic toxicity test, analyzed using the TST approach, results in “Fail” and the “Percent Effect” is ≥0.50. The Median Monthly Effluent Limitation (MMEL) for chronic toxicity is exceeded and a violation will be flagged when the median of no more than three independent chronic toxicity tests, conducted within the same calendar month and analyzed using the TST approach, results in “Fail”. The MMEL for chronic toxicity shall only apply when there is a discharge more than one day in a calendar month period. During such calendar months, exactly three independent toxicity tests are required when one toxicity test results in “Fail”.
D. Final Effluent Limitation Considerations
A chronic toxicity effluent limitation (evaluated using the TST statistical approach), which is a more stringent requirement than acute toxicity, is included in this Order in lieu of acute toxicity, as it is protective of both the numeric and the narrative acute toxicity Basin Plan water quality objectives. The chronic toxicity limitation is modified to reflect TST methodology. In addition, CITY OF REDONDO BEACH ORDER R4-2017-0178
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this Order includes new effluent limitations for arsenic, cadmium, copper, mercury, selenium, silver, thallium, zinc, and cyanide, because effluent concentrations of these pollutants demonstrated reasonable potential to exceed CTR criteria. Ammonia did not demonstrate reasonable potential to exceed the Basin Plan Objectives; therefore, effluent limitations for ammonia are not included in this Order. All other limitations from Order R4-2010-0185 have been retained in this Order.
1. Anti-Backsliding Requirements
Sections 402(o) and 303(d)(4) of the CWA and federal regulations at 40 C.F.R. section 122.44(l) prohibit backsliding in NPDES permits. These anti-backsliding provisions require effluent limitations in a reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations may be relaxed. This permit carries over all effluent limitations established in Order R4-2010-0185, with the exception of acute toxicity and ammonia. The Regional Water Board has determined that the numeric effluent limitations continue to be applicable to the Facility.
Order R4-2010-0185 contained an acute toxicity effluent limitation in addition to a chronic limitation in accordance with the Basin Plan’s narrative objective for toxicity. This Order includes a chronic toxicity effluent limitation to be assessed using the TST approach which, under this testing framework, is protective of the Basin Plan’s narrative objective for toxicity. The chronic toxicity limitation addresses the acute mortality endpoint and the chronic endpoints of decreases in growth and reproduction. The chronic toxicity limitation is protective of acute toxicity and is no less stringent than the acute limit included in the previous Order.
Order R4-2010-0185 established effluent limitations for ammonia based on the RPA.
The RPA conducted for this Order included effluent and receiving water monitoring data collected after issuance of Order R4-2010-0185 (November 2010 through December 2016). Based on this new data, the discharge did not demonstrate reasonable potential to exceed the applicable Basin Plan objectives for ammonia. CWA section 402(o)(1) allows for relaxation of WQBELs where new information (other than revised regulations, guidance, or test methods) is available that was not available at the time of permit issuance and that would have justified a less stringent effluent limitation. The more recent monitoring data constitutes new information that was not available when the limitation was established and is therefore an allowable exception to anti-backsliding.
This Order requires monthly effluent monitoring during the peak season and once per discharge during off-peak months for ammonia as well as receiving water monitoring requirements.
2. Antidegradation Policies
Section 131.12 requires that the state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California’s antidegradation policy in State Water Board Resolution 68-16. Resolution 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings. The Regional Water Board’s Basin Plan and the SIP implement, and incorporate by reference, both the State and federal antidegradation policies. Compliance with these requirements will result in the use of best practicable treatment or control of the discharge.
The permitted discharge is not a new discharge. This Order does not allow for a reduction in the level of treatment. The final limitations in this Order, which include CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT F – FACT SHEET F-28
concentration based and mass based limitations, hold the discharger to performance levels that will not cause or contribute to water quality impairment or degradation of the water quality of King Harbor. Therefore, the permitted discharge is consistent with the state’s antidegradation policy. .
3. Mass-based Effluent Limitations
Generally, mass-based effluent limitations ensure that proper treatment, and not dilution, is employed to comply with the final effluent concentration limitations. 40 C.F.R. section 122.45(f)(1) requires that all permit limitations, standards or prohibitions be expressed in terms of mass units except under the following conditions: (1) for pH, temperature, radiation or other pollutants that cannot appropriately be expressed by mass limitations; (2) when applicable standards or limitations are expressed in terms of other units of measure; or (3) if in establishing technology-based permit limitations on a case-by-case basis, limitations based on mass are infeasible because the mass or pollutant cannot be related to a measure of production.
Mass-based effluent limitations are established using the following formula:
Mass (lbs/day) = flow rate (MGD) x 8.34 x effluent limitation (mg/L) where: Mass = mass limitation for a pollutant (lbs/day) Effluent limitation = concentration limitation for a pollutant (mg/L) Flow rate = discharge flow rate (MGD)
According to the Report of Waste Discharge submitted by the Discharger, the maximum permitted discharge from Seaside Lagoon to Discharge Point 001 is 3.07MGD. As such, the mass-based effluent limitations will be based on this flow.
4. Stringency of Requirements for Individual Pollutants This Order contains both technology-based and water quality-based effluent limitations for individual pollutants. The technology-based effluent limitations consist of restrictions on BOD, TSS, oil and grease, turbidity, and total residual chlorine. Restrictions on these pollutants are discussed in Section IV.B of the Fact Sheet. This Order’s technologybased pollutant restrictions implement the minimum applicable federal technologybased requirements.
WQBELs have been derived to implement water quality objectives that protect beneficial uses. Both the beneficial uses and the water quality objectives have been approved pursuant to federal law and are the applicable federal water quality standards. To the extent that toxic pollutant WQBELs were derived from the CTR, the CTR is the applicable standard pursuant to 40 C.F.R. section 131.38. The procedures for calculating the individual water quality-based effluent limitations for priority pollutants are based on the CTR implemented by the SIP, which was approved by U.S. EPA on May 18, 2000. Most beneficial uses and water quality objectives contained in the Basin Plan were approved under state law and submitted to and approved by U.S. EPA prior to May 30, 2000. Any water quality objectives and beneficial uses submitted to U.S.
EPA prior to May 30, 2000, but not approved by U.S. EPA before that date, are nonetheless “applicable water quality standards for purposes of the CWA” pursuant to 40 C.F.R. section 131.21(c)(1). The remaining water quality objectives and beneficial uses implemented by this Order were approved by U.S. EPA and are applicable water CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT F – FACT SHEET F-29
quality standards pursuant to section 131.21(c)(2). Collectively, this Order’s restrictions on individual pollutants are no more stringent than required to implement the requirements of the CWA.
5. Summary of Final Effluent Limitations
Table F-11. Summary of Final Effluent Limitations
Parameter Units
Effluent Limitations
Basis1 Average
Monthly
Maximum
Daily
Instantaneous
Minimum
Instantaneous
Maximum
Conventional Pollutants
BOD mg/L 20 30 -- -- E, BPJ
lbs/day2 512 768 -- --
Oil and Grease mg/L 10 15 -- -- E, BPJ lbs/day2 256 384 -- -- TSS 6 mg/L 50 75 -- -- E, BPJ lbs/day2 1,280 1,920 -- -- pH Standard
Units -- -- 6.5 8.5 E, BP
Non-Conventional Pollutants
Chlorine, Total
Recoverable
µg/L 2 8 -- -- E, BPJ lbs/day2 0.05 0.2 -- --
Chronic Toxicity3
Pass or
Fail, %
Effect
Pass4 Pass or %
Effect <50 -- -- E, BPJ
Bacteria MPN/100
ml
5 E, BPJ
Temperature Degrees F -- -- -- 86 E, TP,
WP
Turbidity NTU 50 75 -- -- E, BPJ
Priority Pollutants
Arsenic, Total
Recoverable 6
µg/L 26 66 -- --
CTR/SIP
lbs/day2 0.67 1.74 -- --
Cadmium, Total
Recoverable 6
µg/L 7.7 15 -- -- CTR/SIP lbs/day2 0.2 0.4 -- --
Copper, Total
Recoverable 6
µg/L 1.9 5.8 -- -- CTR/SIP lbs/day2 0.05 0.15 -- --
Mercury, Total
Recoverable
µg/L 0.051 0.10 -- -- CTR/SIP lbs/day2 0.0013 0.0025 -- -- Selenium, Total
Recoverable 6
µg/L 56 122 -- -- CTR/SIP lbs/day2 1.4 3.1 -- --
Silver, Total
Recoverable6
µg/L 0.92 2.2 -- -- CTR/SIP lbs/day2 0.024 0.06 -- --
Thallium, Total
Recoverable6
µg/L 6.3 13 -- -- CTR/SIP lbs/day2 0.16 0.33 -- --
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ATTACHMENT F – FACT SHEET F-30
Parameter Units
Effluent Limitations
Basis1 Average
Monthly
Maximum
Daily
Instantaneous
Minimum
Instantaneous
Maximum
Zinc, Total
Recoverable 6
µg/L 34 95 -- -- CTR/SIP lbs/day2 0.9 2.4 -- --
Cyanide, Total (as
CN)
µg/L 0.50 1.0 -- -- CTR/SIP lbs/day2 0.013 0.025 -- --
1. E = Existing Order; BPJ = Best Professional Judgment; BP = Basin Plan; CTR = California Toxic Rule; SIP = State Implementation Policy; WP = White Paper.
2. Mass loading limitations are based on a maximum flow of 3.07MGD and are calculated as follows: Flow (MGD) x Concentration (mg/L) x 8.34 (conversion factor) = lbs/day. The mass loading limitations are applicable to Discharge Point 001.
3. The median monthly effluent limitation (MMEL) shall be reported as “Pass” or “Fail”. The maximum daily effluent limitation (MDEL) shall be reported as “Pass” or “Fail”. The MMEL for chronic toxicity shall only apply when there is a discharge more than one day in a calendar month period. During such calendar months, up to three independent toxicity tests are required when one toxicity test results in a “Fail”.
4. This is a MMEL.
5. The discharge shall not exceed following the limitations for bacteria:
a. Geometric Mean Limits
1. Total coliform density shall not exceed 1,000/100 ml.
2. Fecal coliform density shall not exceed 200/100 ml.
3. Enterococcus density shall not exceed 35/100 ml
b. Single Sample Limits
1. Total coliform density shall not exceed 10,000/100 ml.
2. Fecal coliform density shall not exceed 400/100 ml.
3. Enterococcus density shall not exceed 104/100 ml.
4. Total coliform density shall not exceed 1,000/100 ml, if the ratio of fecal-to-total coliform exceeds
0.1. 6. If the influent water pollutant concentration (measured at influent to the Lagoon) does not exceed the average monthly limitation then the limitations are applied as noted in the Table. If the influent water pollutant concentration exceeds the average monthly limitation but does not exceed the maximum daily limitation then compliance with the average monthly limitation will be determined based on intake water credits and compliance with the maximum daily limitation is applied as noted in the Table. If the influent water pollutant concentration exceeds the maximum daily limitation then compliance with both the average monthly and the maximum daily will be determined based on intake water credits. When determining compliance based on intake water credit, the pollutant effluent limitation is equal to the maximum pollutant concentration in the influent water. The equation is as follows:
Maximum Pollutant Effluent Limitation with Intake Water Credit = Maximum Pollutant Influent Water Concentration
Monthly Pollutant Effluent Limitation with Intake Water Credit = Monthly Pollutant Influent Water Concentration
E. Interim Effluent Limitations
Not applicable
F. Land Discharge Specifications
Not applicable
G. Recycling Specifications
Not applicable
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ATTACHMENT F – FACT SHEET F-31
V. RATIONALE FOR RECEIVING WATER LIMITATIONS
A. Surface Water
The Basin Plan contains numeric and narrative water quality objectives applicable to all surface waters within the Los Angeles Region. Water quality objectives include an objective to maintain the high quality waters pursuant to federal regulations (40 C.F.R. section 131.12) and State Water Board Resolution No. 68-16. Receiving water limitations in this Order are included to ensure protection of beneficial uses of the receiving water. If there is reasonable potential or a U.S. EPA-approved TMDL WLA, then WQBELs are included in this Order to ensure protection of water quality standards.
B. Groundwater
Not applicable
VI. RATIONALE FOR PROVISIONS
A. Standard Provisions
Standard Provisions, which apply to all NPDES permits in accordance with 40 C.F.R. section 122.41, and additional conditions applicable to specified categories of permits in accordance with 40 C.F.R. section 122.42, are provided in Attachment D. The discharger must comply with all standard provisions and with those additional conditions that are applicable under section 122.42.
Sections 122.41(a)(1) and (b) through (n) of 40 C.F.R. establish conditions that apply to all state-issued NPDES permits. These conditions must be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to the regulations must be included in the Order. Section 123.25(a)(12) of 40 C.F.R. allows the state to omit or modify conditions to impose more stringent requirements. In accordance with 40 C.F.R. section 123.25, this Order omits federal conditions that address enforcement authority specified in 40 C.F.R. sections 122.41(j)(5) and (k)(2) because the enforcement authority under the Water Code is more stringent. In lieu of these conditions, this Order incorporates by reference Water Code section 13387(e).
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ATTACHMENT F – FACT SHEET F-32
B. Special Provisions
1. Reopener Provisions
These provisions are based on section 123 and the previous Order. The Regional Water Board may reopen the permit to modify permit conditions and requirements. Causes for modifications include the promulgation of new federal regulations, modification in toxicity requirements, or adoption of new regulations by the State Water Board or Regional Water Board, including revisions to the Basin Plan.
2. Special Studies and Additional Monitoring Requirements nitial Investigation Toxicity Reduction Evaluation (TRE) Workplan. This provision is based on section 4 of the SIP, Toxicity Control Provisions, which establishes minimum toxicity control requirements for implementing the narrative toxicity objective for aquatic life protection established in the basin plans of the State of California.
3. Best Management Practices and Pollution Prevention
This provision is based on 40 C.F.R. section 122.44(k) and includes the requirement to develop a SWPPP and BMPs.
a. Stormwater Pollution Prevention Plan (SWPPP). The Discharger is required to update and continue to implement a SWPPP in accordance with Attachment G of this Order. The SWPPP will outline site-specific management processes for minimizing stormwater runoff contamination and for preventing trash and contaminated stormwater runoff from being discharged directly into the receiving water. The management practices should ensure that raw materials and chemicals do not come into contact with storm water, and to prevent the entrainment of trash in storm water that is discharged to King Harbor. SWPPP requirements are included as Attachment G, based on 40 CFR 122.44(k). b. Spill Contingency Plan (SCP). Since spill or overflow may occur in the facility, this Order requires the Discharger to prepare a SCP for the Facility. The Discharger shall review and update, if necessary, the SCP after each incident and make it available for the facility personnel at all times.
4. Construction, Operation, and Maintenance Specifications This provision is based on the requirements of section 122.41(e).
5. Special Provisions for Municipal Facilities (POTWs Only) Not applicable
6. Other Special Provisions
Not applicable
7. Compliance Schedules
Not applicable
VII. RATIONALE FOR MONITORING AND REPORTING REQUIREMENTS CWA section 308 and 40 C.F.R. sections 122.41(h), (j)-(l), 122.44(i), and 122.48 require that all NPDES permits specify monitoring and reporting requirements. Water Code sections 13267 and 13383 also authorize the Regional Water Board to establish monitoring, inspection, entry, reporting, CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT F – FACT SHEET F-33
and recordkeeping requirements. The Monitoring and Reporting Program (MRP), Attachment E of this Order establishes monitoring, reporting, and recordkeeping requirements that implement federal and state requirements. The following provides the rationale for the monitoring and reporting requirements contained in the MRP for this facility.
A. Influent Monitoring
Influent monitoring is required to collect data on the characteristics of the intake water and to assess compliance with the effluent limitations for TSS and metals.
According to section 1.4.4 of the SIP, the Regional Water Board may consider priority pollutants in intake water on a pollutant-by-pollutant basis when establishing WQBELs, provided the Discharger has demonstrated certain conditions specified in section 1.4.4 of the SIP. 40 CFR Part 122.45 provides a similar direction for TSS. The Discharger has demonstrated that intake water credit is appropriate for the discharge of TSS and metals. This Order requires influent monitoring of cyanide for future evaluation of the pollutant for intake credits. Therefore, the Discharger is required to monitor the intake water for TSS, metals, and cyanide at the specified frequency to provide data for the Regional Water Board to consider intake water credits.
B. Effluent Monitoring – Discharge Point 001
1. Monitoring for pollutants expected to be present in the discharge will be required as established in the MRP (Attachment E). To demonstrate compliance with established effluent limitations, the Order includes monitoring requirements for parameters for which effluent limitations have been established.
2. This Order retains the monitoring frequency from Order R4-2010-0185 for flow, BOD, TSS, turbidity, temperature, metals, and chronic toxicity.
3. The frequency for monitoring pH, ammonia, arsenic, mercury, and oil and grease has been increased from once per year to once per month, consistent with several other parameters for which limitations are established.
4. The SIP states that the Regional Water Board will require periodic monitoring for pollutants for which criteria or objectives apply and for which no effluent limitations have been established. This Order requires the Discharger to conduct annual monitoring for the remaining CTR priority pollutants. The Regional Water Board will use the additional data to conduct an RPA and determine if additional WQBELs are required. The Regional Water Board may reopen the permit to incorporate additional effluent limitations and requirements, if necessary.
5. Order R4-2010-0185 allowed for a flow to be estimated. This Order requires the Discharger to install and maintain an effluent flow meter in order to ensure that accurate flow volume is obtained for calculating mass emissions.
C. Whole Effluent Toxicity Testing Requirements
Whole effluent toxicity (WET) protects the receiving water quality from the aggregate toxic effect of a mixture of pollutants in the effluent. A chronic toxicity test measures mortality, reproduction, and growth. A chemical at a low concentration can have chronic effects but no acute effects. Therefore, chronic toxicity is a more stringent requirement that acute toxicity. For this Order, chronic toxicity effluent limit is included and monitoring in the discharge is required.
The chronic toxicity testing results are analyzed using the U.S. EPA’s 2010 TST statistical CITY OF REDONDO BEACH ORDER R4-2017-0178
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ATTACHMENT F – FACT SHEET F-34
approach. The chronic toxicity effluent limitations are as stringent as necessary to protect the receiving water beneficial uses.
D. Receiving Water Monitoring
1. Surface Water
This Order includes receiving water limitations and therefore, monitoring requirements are included in the MRP to determine compliance with the receiving water limitations established in Limitations and Discharge Requirements.
According to the SIP, the Discharger is required to monitor the ambient receiving water for the CTR priority pollutants, to determine reasonable potential. Accordingly, the Regional Water Board is requiring that the Discharger conduct ambient receiving water monitoring of the CTR priority pollutants at Monitoring Location RSW-001. The Discharger must analyze temperature, pH, ammonia, and salinity of the ambient receiving water at the same time the samples are collected for priority pollutant analysis.
Additional data on pH and salinity is necessary to translate the ammonia water quality objective.
Order R4-2010-0185 required monitoring for hardness in the receiving water. Typically, receiving water hardness is collected for calculation of some CTR freshwater aquatic life criteria for metals. Saltwater criteria were used in this Order to evaluate reasonable potential and calculate WQBELs. As per the CTR, saltwater criteria are independent of hardness; therefore this data is not needed to adjust criteria or calculate WQBELs. This requirement is not retained in this Order as the Facility operations are not expected to affect the receiving water hardness..
2. Groundwater
Not applicable
E. Other Monitoring Requirements
Not applicable
VIII. PUBLIC PARTICIPATION
The Regional Water Board has considered the issuance of WDRs that will serve as an NPDES permit for Seaside Lagoon. As a step in the WDR adoption process, the Regional Water Board staff has developed tentative WDRs and has encouraged public participation in the WDR adoption process.
A. Notification of Interested Parties
The Regional Water Board notified the Discharger and interested agencies and persons of its intent to prescribe WDRs for the discharge and provided an opportunity to submit written comments and recommendations.
B. Written Comments
Interested persons were invited to submit written comments concerning tentative WDRs as provided through the notification process electronically at [email protected] with a copy to [email protected].
To be fully responded to by staff and considered by the Regional Water Board, the written comments were due at the Regional Water Board office by 5:00 p.m. on August 1, 2017. The revised portions of the revised tentative permit appear in strikeout/underline format for deletion and insertions.
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ATTACHMENT F – FACT SHEET F-35
C. Public Hearing
The Regional Water Board held a public hearing on the tentative WDRs during its regular Board meeting on the following date and time and at the following location:
Date: September 7, 2017
Time: 9:00 a.m.
Location: City of Simi Valley Council Chambers
2929 Tapo Canyon Road
Simi Valley , California
Interested persons were invited to attend. At the public hearing, the Regional Water Board heard testimony, if any, pertinent to the discharge, WDRs, and permit. Oral testimony was heard; however, for accuracy of the record, important testimony was requested to be in writing.
D. Reconsideration of Waste Discharge Requirements
Any aggrieved person may petition the State Water Board to review the decision of the Regional Water Board regarding the final WDRs. The petition must be received by the State Water Board at the following address within 30 calendar days of the Regional Water Board’s action:
State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100, 1001 I Street
Sacramento, CA 95812-0100
For instructions on how to file a petition for review, see http://www.waterboards.ca.gov/public_notices/petitions/water_quality/wqpetition_instr.shtml E. Information and Copying
The Report of Waste Discharge, other supporting documents, and comments received are on file and may be inspected at the address above at any time between 8:30 a.m. and 4:45 p.m., Monday through Friday. Copying of documents may be arranged through the Regional Water Board by calling 213-576-6600.
F. Register of Interested Persons
Any person interested in being placed on the mailing list for information regarding the WDRs and NPDES permit should contact the Regional Water Board, reference this facility, and provide a name, address, and phone number.
G. Additional Information
Requests for additional information or questions regarding this order should be directed to Mazhar Ali at 213-576-6652 or at [email protected].
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ATTACHMENT G – SWPPP REQUIREMENTS G-1
G.
ATTACHMENT G – STORM WATER POLLUTION PREVENTION PLAN REQUIREMENTS I. Implementation Schedule
A storm water pollution prevention plan (SWPPP) shall be developed and submitted to the Regional Water Board within 90 days following the adoption of this Order. The SWPPP shall be implemented for each facility covered by this Order within 10 days of approval from the Regional Water Board, or 6-months from the date of the submittal of the SWPPP to the Regional Water Board (whichever comes first).
II. Objectives
The SWPPP has two major objectives: (a) to identify and evaluate sources of pollutants associated with industrial activities that may affect the quality of storm water discharges and authorized nonstorm water discharges from the facility; and (b) to identify and implement site- specific best management practices (BMPs) to reduce or prevent pollutants associated with industrial activities in storm water discharges and authorized non-storm water discharges. BMPs may include a variety of pollution prevention measures or other low-cost and pollution control measures. They are generally categorized as non-structural BMPs (activity schedules, prohibitions of practices, maintenance procedures, and other low-cost measures) and as structural BMPs (treatment measures, run-off controls, over-head coverage.) To achieve these objectives, facility operators should consider the five phase process for SWPPP development and implementation as shown in Table A.
The SWPPP requirements are designed to be sufficiently flexible to meet the needs of various facilities. SWPPP requirements that are not applicable to a facility should not be included in the SWPPP.
A facility's SWPPP is a written document that shall contain a compliance activity schedule, a description of industrial activities and pollutant sources, descriptions of BMPs, drawings, maps, and relevant copies or references of parts of other plans. The SWPPP shall be revised whenever appropriate and shall be readily available for review by facility employees or Regional Water Board inspectors.
III. Planning and Organization
A. Pollution Prevention Team
The SWPPP shall identify a specific individual or individuals and their positions within the facility organization as members of a storm water pollution prevention team responsible for developing the SWPPP, assisting the facility manager in SWPPP implementation and revision, and conducting all monitoring program activities required in Attachment E of this Permit. The SWPPP shall clearly identify the Permit related responsibilities, duties, and activities of each team member. For small facilities, storm water pollution prevention teams may consist of one individual where appropriate.
B. Review Other Requirements and Existing Facility Plans The SWPPP may incorporate or reference the appropriate elements of other regulatory requirements. Facility operators should review all local, State, and Federal requirements that impact, complement, or are consistent with the requirements of this Permit. Facility operators should identify any existing facility plans that contain storm water pollutant control measures or CITY OF REDONDO BEACH ORDER R4-2017-0178
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relate to the requirements of this Permit. As examples, facility operators whose facilities are subject to Federal Spill Prevention Control and Countermeasures' requirements should already have instituted a plan to control spills of certain hazardous materials. Similarly, facility operators whose facilities are subject to air quality related permits and regulations may already have evaluated industrial activities that generate dust or particulates.
IV. Site Map
A. The SWPPP shall include a site map. The site map shall be provided on an 8-½ x 11 inch or larger sheet and include notes, legends, and other data as appropriate to ensure that the site map is clear and understandable. If necessary, facility operators may provide the required information on multiple site maps.
TABLE A
FIVE PHASES FOR DEVELOPING AND IMPLEMENTING INDUSTRIAL
STORM WATER POLLUTION PREVENTION PLANS
PLANNING AND ORGANIZATION
Form Pollution Prevention Team
Review other plans
ASSESSMENT PHASE
Develop a site map
Identify potential pollutant sources
Inventory of materials and chemicals
List significant spills and leaks
Identify non-storm water discharges
Assess pollutant risks
BEST MANAGEMENT PRACTICES IDENTIFICATION PHASE
Non-structural BMPs
Structural BMPs
Select activity and site-specific BMPs
IMPLEMENTATION PHASE
Train employees
Implement BMPs
Conduct recordkeeping and reporting
EVALUATION / MONITORING
Conduct annual site evaluation
Review monitoring information
Evaluate BMPs
Review and revise SWPPP
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The following information shall be included on the site map:
A. The facility boundaries; the outline of all storm water drainage areas within the facility boundaries; portions of the drainage area impacted by run-on from surrounding areas; and direction of flow of each drainage area, on-site surface water bodies, and areas of soil erosion.
The map shall also identify nearby water bodies (such as rivers, lakes, and ponds) and municipal storm drain inlets where the facility's storm water discharges and authorized nonstorm water discharges may be received.
B. The location of the storm water collection and conveyance system, associated points of discharge, and direction of flow. Include any structural control measures that affect storm water discharges, authorized non-storm water discharges, and run-on. Examples of structural control measures are catch basins, berms, detention ponds, secondary containment, oil/water separators, diversion barriers, etc.
C. An outline of all impervious areas of the facility, including paved areas, buildings, covered storage areas, or other roofed structures.
D. Locations where materials are directly exposed to precipitation and the locations where significant spills or leaks identified in section VI.A.4. below have occurred.
E. Areas of industrial activity. This shall include the locations of all storage areas and storage tanks, shipping and receiving areas, fueling areas, vehicle and equipment storage/maintenance areas, material handling and processing areas, waste treatment and disposal areas, dust or particulate generating areas, cleaning and rinsing areas, and other areas of industrial activity which are potential pollutant sources.
V. List of Significant Materials
The SWPPP shall include a list of significant materials handled and stored at the site. For each material on the list, describe the locations where the material is being stored, received, shipped, and handled, as well as the typical quantities and frequency. Materials shall include raw materials, intermediate products, final or finished products, recycled materials, and waste or disposed materials.
VI. Description of Potential Pollutant Sources
A. The SWPPP shall include a narrative description of the facility's industrial activities, as identified in section IV.E. above, associated potential pollutant sources, and potential pollutants that could be discharged in storm water discharges or authorized non-storm water discharges. At a minimum, the following items related to a facility's industrial activities shall be considered:
1. Industrial Processes. Describe each industrial process, the type, characteristics, and quantity of significant materials used in or resulting from the process, and a description of the manufacturing, cleaning, rinsing, recycling, disposal, or other activities related to the process.
Where applicable, areas protected by containment structures and the corresponding containment capacity shall be described.
2. Material Handling and Storage Areas. Describe each handling and storage area, type, characteristics, and quantity of significant materials handled or stored, description of the CITY OF REDONDO BEACH ORDER R4-2017-0178
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shipping, receiving, and loading procedures, and the spill or leak prevention and response procedures. Where applicable, areas protected by containment structures and the corresponding containment capacity shall be described.
3. Dust and Particulate Generating Activities. Describe all industrial activities that generate dust or particulates that may be deposited within the facility's boundaries and identify their discharge locations; the characteristics of dust and particulate pollutants; the approximate quantity of dust and particulate pollutants that may be deposited within the facility boundaries; and a description of the primary areas of the facility where dust and particulate pollutants would settle.
4. Significant Spills and Leaks. Describe materials that have spilled or leaked in significant quantities in storm water discharges or non-storm water discharges since April 17, 1994.
Include toxic chemicals (listed in 40 CFR, Part 302) that have been discharged to storm water as reported on U.S. Environmental Protection Agency (USEPA) Form R, and oil and hazardous substances in excess of reportable quantities (see 40 Code of Federal Regulations [CFR], Parts 110, 117, and 302).
The description shall include the type, characteristics, and approximate quantity of the material spilled or leaked, the cleanup or remedial actions that have occurred or are planned, the approximate remaining quantity of materials that may be exposed to storm water or nonstorm water discharges, and the preventative measures taken to ensure spill or leaks do not reoccur. Such list shall be updated as appropriate during the term of this Permit.
5. Non-Storm Water Discharges. Facility operators shall investigate the facility to identify all non-storm water discharges and their sources. As part of this investigation, all drains (inlets and outlets) shall be evaluated to identify whether they connect to the storm drain system.
All non-storm water discharges shall be described. This shall include the source, quantity, frequency, and characteristics of the non-storm water discharges and associated drainage area.
Non-storm water discharges that contain significant quantities of pollutants or that do not meet the conditions provided in Special Conditions of the general permit for Dischargers of Storm Water Associated with Industrial Activities (State Board Order No. 2014-0057-DWQ, NPDES No. CAS000001, adopted on April 1, 2014) are prohibited by this Permit (Examples of prohibited non-storm water discharges are contact and non-contact cooling water, rinse water, wash water, etc.). Non-storm water discharges that meet the conditions provided in Special Conditions of the general permit for Dischargers of Storm Water Associated with Industrial Activities are authorized by this Permit. The SWPPP must include BMPs to prevent or reduce contact of non-storm water discharges with significant materials or equipment.
6. Soil Erosion. Describe the facility locations where soil erosion may occur as a result of industrial activity, storm water discharges associated with industrial activity, or authorized nonstorm water discharges.
B. The SWPPP shall include a summary of all areas of industrial activities, potential pollutant sources, and potential pollutants. This information should be summarized similar to Table B below. The last column of Table B, "Best Management Practices", should be completed in accordance with section VIII below.
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VII. Assessment of Potential Pollutant Sources
A. The SWPPP shall include a narrative assessment of all industrial activities and potential pollutant sources as described in section VI above to determine:
1. Which areas of the facility are likely sources of pollutants in storm water discharges and authorized non-storm water discharges, and
2. Which pollutants are likely to be present in storm water discharges and authorized non-storm water discharges. Facility operators shall consider and evaluate various factors when performing this assessment such as current storm water BMPs; quantities of significant materials handled, produced, stored, or disposed of; likelihood of exposure to storm water or authorized non-storm water discharges; history of spill or leaks; and run-on from outside sources.
B. Facility operators shall summarize the areas of the facility that are likely sources of pollutants and the corresponding pollutants that are likely to be present in storm water discharges and authorized non-storm water discharges.
Facility operators are required to develop and implement additional BMPs as appropriate and necessary to prevent or reduce pollutants associated with each pollutant source. The BMPs will be narratively described in section VIII below.
VIII. Storm Water Best Management Practices
The SWPPP shall include a narrative description of the storm water BMPs to be implemented at the facility for each potential pollutant and its source identified in the site assessment phase (sections VI.
And VII above). The BMPs shall be developed and implemented to reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. Each pollutant and its source may require one or more BMPs. Some BMPs may be implemented for multiple pollutants and their sources, while other BMPs will be implemented for a very specific pollutant and its source.
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TABLE B
EXAMPLE
ASSESSMENT OF POTENTIAL POLLUTION SOURCES AND
CORRESPONDING BEST MANAGEMENT PRACTICES
SUMMARY
Area Activity Pollutant Source Pollutant Best Management Practices Vehicle &
Equipment
Fueling
Fueling Spills and leaks during
delivery.
Spills caused by topping off
fuel tanks.
Hosing or washing down
fuel oil fuel area.
Leaking storage tanks.
Rainfall running off fuel oil,
and rainfall running onto
and off fueling area.
fuel oil Use spill and overflow protection.
Minimize run-on of storm water into the
fueling area.
Cover fueling area.
Use dry cleanup methods rather than
hosing down area.
Implement proper spill prevention control
program.
Implement adequate preventative
maintenance program to preventive tank
and line leaks.
Inspect fueling areas regularly to detect
problems before they occur.
Train employees on proper fueling,
cleanup, and spill response techniques.
The description of the BMPs shall identify the BMPs as (1) existing BMPs, (2) existing BMPs to be revised and implemented, or (3) new BMPs to be implemented. The description shall also include a discussion on the effectiveness of each BMP to reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. The SWPPP shall provide a summary of all BMPs implemented for each pollutant source. This information should be summarized similar to Table B.
Facility operators shall consider the following BMPs for implementation at the facility:
A. Non-Structural BMPs
Non-structural BMPs generally consist of processes, prohibitions, procedures, schedule of activities, etc., that prevent pollutants associated with industrial activity from contacting with storm water discharges and authorized non-storm water discharges. They are considered low technology, cost-effective measures. Facility operators should consider all possible non-structural BMPs options before considering additional structural BMPs (see section VIII.B below). Below is a list of non-structural BMPs that should be considered:
1. Good Housekeeping. Good housekeeping generally consists of practical procedures to maintain a clean and orderly facility.
2. Preventive Maintenance. Preventive maintenance includes the regular inspection and maintenance of structural storm water controls (catch basins, oil/water separators, etc.) as well as other facility equipment and systems.
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3. Spill Response. This includes spill clean-up procedures and necessary clean-up equipment based upon the quantities and locations of significant materials that may spill or leak.
4. Material Handling and Storage. This includes all procedures to minimize the potential for spills and leaks and to minimize exposure of significant materials to storm water and authorized non-storm water discharges.
5. Employee Training. This includes training of personnel who are responsible for (1) implementing activities identified in the SWPPP, (2) conducting inspections, sampling, and visual observations, and (3) managing storm water. Training should address topics such as spill response, good housekeeping, and material handling procedures, and actions necessary to implement all BMPs identified in the SWPPP. The SWPPP shall identify periodic dates for such training. Records shall be maintained of all training sessions held.
6. Waste Handling/Recycling. This includes the procedures or processes to handle, store, or dispose of waste materials or recyclable materials.
7. Recordkeeping and Internal Reporting. This includes the procedures to ensure that all records of inspections, spills, maintenance activities, corrective actions, visual observations, etc., are developed, retained, and provided, as necessary, to the appropriate facility personnel.
8. Erosion Control and Site Stabilization. This includes a description of all sediment and erosion control activities. This may include the planting and maintenance of vegetation, diversion of run-on and runoff, placement of sandbags, silt screens, or other sediment control devices, etc.
9. Inspections. This includes, in addition to the preventative maintenance inspections identified above, an inspection schedule of all potential pollutant sources. Tracking and follow-up procedures shall be described to ensure adequate corrective actions are taken and SWPPPs are made.
10. Quality Assurance. This includes the procedures to ensure that all elements of the SWPPP and Monitoring Program are adequately conducted.
B. Structural BMPs.
Where non-structural BMPs as identified in section VIII.A.above are not effective, structural BMPs shall be considered. Structural BMPs generally consist of structural devices that reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. Below is a list of structural BMPs that should be considered:
1. Overhead Coverage. This includes structures that provide horizontal coverage of materials, chemicals, and pollutant sources from contact with storm water and authorized non-storm water discharges.
2. Retention Ponds. This includes basins, ponds, surface impoundments, bermed areas, etc. that do not allow storm water to discharge from the facility.
3. Control Devices. This includes berms or other devices that channel or route run-on and runoff away from pollutant sources.
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4. Secondary Containment Structures. This generally includes containment structures around storage tanks and other areas for the purpose of collecting any leaks or spills.
5. Treatment. This includes inlet controls, infiltration devices, oil/water separators, detention ponds, vegetative swales, etc. that reduce the pollutants in storm water discharges and authorized non-storm water discharges.
IX. Annual Comprehensive Site Compliance Evaluation
The facility operator shall conduct one comprehensive site compliance evaluation (evaluation) in each reporting period (July 1-June 30). Evaluations shall be conducted within 8-16 months of each other.
The SWPPP shall be revised, as appropriate, and the revisions implemented within 90 days of the evaluation. Evaluations shall include the following:
A. A review of all visual observation records, inspection records, and sampling and analysis results.
B. A visual inspection of all potential pollutant sources for evidence of, or the potential for, pollutants entering the drainage system.
C. A review and evaluation of all BMPs (both structural and non-structural) to determine whether the BMPs are adequate, properly implemented and maintained, or whether additional BMPs are needed. A visual inspection of equipment needed to implement the SWPPP, such as spill response equipment, shall be included.
D. An evaluation report that includes, (i) identification of personnel performing the evaluation, (ii) the date(s) of the evaluation, (iii) necessary SWPPP revisions, (iv) schedule, as required in section X.E., for implementing SWPPP revisions, (v) any incidents of non-compliance and the corrective actions taken, and (vi) a certification that the facility operator is in compliance with this Permit. If the above certification cannot be provided, explain in the evaluation report why the facility operator is not in compliance with this Permit. The evaluation report shall be submitted as part of the annual report, retained for at least five years, and signed and certified in accordance with Standard Provisions V.B.5 of Attachment D.
X. SWPPP General Requirements
A. The SWPPP shall be retained on site and made available upon request of a representative of the Regional Water Board and/or local storm water management agency (local agency) which receives the storm water discharges.
B. The Regional Water Board and/or local agency may notify the facility operator when the SWPPP does not meet one or more of the minimum requirements of this section. As requested by the Regional Water Board and/or local agency, the facility operator shall submit an SWPPP revision and implementation schedule that meets the minimum requirements of this section to the Regional Water Board and/or local agency that requested the SWPPP revisions. Within 14 days after implementing the required SWPPP revisions, the facility operator shall provide written certification to the Regional Water Board and/or local agency that the revisions have been implemented.
C. The SWPPP shall be revised, as appropriate, and implemented prior to changes in industrial activities which (i) may significantly increase the quantities of pollutants in storm water discharge, CITY OF REDONDO BEACH ORDER R4-2017-0178
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(ii) cause a new area of industrial activity at the facility to be exposed to storm water, or (iii) begin an industrial activity which would introduce a new pollutant source at the facility.
D. The SWPPP shall be revised and implemented in a timely manner, but in no case more than 90 days after a facility operator determines that the SWPPP is in violation of any requirement(s) of this Permit.
E. When any part of the SWPPP is infeasible to implement due to proposed significant structural changes, the facility operator shall submit a report to the Regional Water Board prior to the applicable deadline that (i) describes the portion of the SWPPP that is infeasible to implement by the deadline, (ii) provides justification for a time extension, (iii) provides a schedule for completing and implementing that portion of the SWPPP, and (iv) describes the BMPs that will be implemented in the interim period to reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. Such reports are subject to Regional Water Board approval and/or modifications. Facility operators shall provide written notification to the Regional Water Board within 14 days after the SWPPP revisions are implemented.
F. The SWPPP shall be provided, upon request, to the Regional Water Board. The SWPPP is considered a report that shall be available to the public by the Regional Water Board under Section 308(b) of the Clean Water Act.
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ATTACHMENT H – STATE WATER BOARD MINIMUM LEVELS H-1
H.
ATTACHMENT H – STATE WATER BOARD MINIMUM LEVELS
The Minimum Levels (ML’s) in micrograms per liter (µg/L) in this appendix are for use in reporting and compliance determination purposes in accordance with section 2.4 of the State Implementation Policy.
These ML’s were derived from data for priority pollutants provided by State certified analytical laboratories in 1997 and 1998. These ML’s shall be used until new values are adopted by the State Water Board and become effective. The following tables (Tables 2a - 2d) present ML’s for four major chemical groupings:
volatile substances, semi-volatile substances, inorganics, and pesticides and PCBs. *The normal method-specific factor for these substances is 1; therefore, the lowest standard concentration in the calibration curve is equal to the above ML value for each substance.
Table 2a - VOLATILE SUBSTANCES* GC GCMS
1,1 Dichloroethane 0.5 1
1,1 Dichloroethylene 0.5 2
1,1,1 Trichloroethane 0.5 2
1,1,2 Trichloroethane 0.5 2
1,1,2,2 Tetrachloroethane 0.5 1
1,2 Dichlorobenzene (volatile) 0.5 2
1,2 Dichloroethane 0.5 2
1,2 Dichloropropane 0.5 1
1,3 Dichlorobenzene (volatile) 0.5 2
1,3 Dichloropropene (volatile) 0.5 2
1,4 Dichlorobenzene (volatile) 0.5 2
Acrolein 2.0 5
Acrylonitrile 2.0 2
Benzene 0.5 2
Bromoform 0.5 2
Methyl Bromide 1.0 2
Carbon Tetrachloride 0.5 2
Chlorobenzene 0.5 2
Chlorodibromo-methane 0.5 2
Chloroethane 0.5 2
Chloroform 0.5 2
Chloromethane 0.5 2
Dichlorobromo-methane 0.5 2
Dichloromethane 0.5 2
Ethylbenzene 0.5 2
Tetrachloroethylene 0.5 2
Toluene 0.5 2
Trans-1,2 Dichloroethylene 0.5 1
Trichloroethene 0.5 2
Vinyl Chloride 0.5 2
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Table 2b - SEMI-VOLATILE SUBSTANCES* GC GCMS LC COLOR
Benzo (a) Anthracene 10 5
1,2 Dichlorobenzene (semivolatile) 2 2
1,2 Diphenylhydrazine 1
1,2,4 Trichlorobenzene 1 5
1,3 Dichlorobenzene (semivolatile) 2 1
1,4 Dichlorobenzene (semivolatile) 2 1
2 Chlorophenol 2 5
2,4 Dichlorophenol 1 5
2,4 Dimethylphenol 1 2
2,4 Dinitrophenol 5 5
2,4 Dinitrotoluene 10 5
2,4,6 Trichlorophenol 10 10
2,6 Dinitrotoluene 5
2- Nitrophenol 10
2-Chloroethyl vinyl ether 1 1
2-Chloronaphthalene 10
3,3’ Dichlorobenzidine 5
Benzo (b) Fluoranthene 10 10
3-Methyl-Chlorophenol 5 1
4,6 Dinitro-2-methylphenol 10 5
4- Nitrophenol 5 10
4-Bromophenyl phenyl ether 10 5
4-Chlorophenyl phenyl ether 5
Acenaphthene 1 1 0.5
Acenaphthylene 10 0.2
Anthracene 10 2
Benzidine 5
Benzo(a) pyrene 10 2
Benzo(g,h,i)perylene 5 0.1
Benzo(k)fluoranthene 10 2
bis 2-(1-Chloroethoxyl) methane 5
bis(2-chloroethyl) ether 10 1
bis(2-Chloroisopropyl) ether 10 2
bis(2-Ethylhexyl) phthalate 10 5
Butyl benzyl phthalate 10 10
Chrysene 10 5
di-n-Butyl phthalate 10
di-n-Octyl phthalate 10
Dibenzo(a,h)-anthracene 10 0.1
Diethyl phthalate 10 2
Dimethyl phthalate 10 2
Fluoranthene 10 1 0.05
Fluorene 10 0.1
Hexachloro-cyclopentadiene 5 5
Hexachlorobenzene 5 1
Hexachlorobutadiene 5 1
Hexachloroethane 5 1
Indeno(1,2,3,cd)-pyrene 10 0.05
Isophorone 10 1
N-Nitroso diphenyl amine 10 1
N-Nitroso-dimethyl amine 10 5
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Table 2b - SEMI-VOLATILE SUBSTANCES* GC GCMS LC COLOR
N-Nitroso -di n-propyl amine 10 5
Naphthalene 10 1 0.2
Nitrobenzene 10 1
Pentachlorophenol 1 5
Phenanthrene 5 0.05
Phenol ** 1 1 50
Pyrene 10 0.05
* With the exception of phenol by colorimetric technique, the normal method-specific factor for these substances is 1,000; therefore, the lowest standard concentration in the calibration curve is equal to the above ML value for each substance multiplied by 1,000.
** Phenol by colorimetric technique has a factor of 1.
Table 2c –
INORGANICS* FAA GFAA ICP ICPMS SPGFAA HYDRIDE CVAA COLOR DCP Antimony 10 5 50 0.5 5 0.5 1,000
Arsenic 2 10 2 2 1 20 1,000
Beryllium 20 0.5 2 0.5 1 1,000
Cadmium 10 0.5 10 0.25 0.5 1,000
Chromium (total) 50 2 10 0.5 1 1,000
Chromium VI 5 10
Copper 25 5 10 0.5 2 1,000
Cyanide 5
Lead 20 5 5 0.5 2 10,000
Mercury 0.5 0.2
Nickel 50 5 20 1 5 1,000
Selenium 5 10 2 5 1 1,000
Silver 10 1 10 0.25 2 1,000
Thallium 10 2 10 1 5 1,000
Zinc 20 20 1 10 1,000
* The normal method-specific factor for these substances is 1; therefore, the lowest standard concentration in the calibration curve is equal to the above ML value for each substance.
Table 2d – PESTICIDES – PCBs* GC
4,4’-DDD 0.05
4,4’-DDE 0.05
4,4’-DDT 0.01
a-Endosulfan 0.02
alpha-BHC 0.01
Aldrin 0.005
b-Endosulfan 0.01
Beta-BHC 0.005
Chlordane 0.1
Delta-BHC 0.005
Dieldrin 0.01
Endosulfan Sulfate 0.05
Endrin 0.01
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Table 2d – PESTICIDES – PCBs* GC
Endrin Aldehyde 0.01
Heptachlor 0.01
Heptachlor Epoxide 0.01
Gamma-BHC (Lindane) 0.02
PCB 1016 0.5
PCB 1221 0.5
PCB 1232 0.5
PCB 1242 0.5
PCB 1248 0.5
PCB 1254 0.5
PCB 1260 0.5
Toxaphene 0.5
* The normal method-specific factor for these substances is 100; therefore, the lowest standard concentration in the calibration curve is equal to the above ML value for each substance multiplied by 100.
Techniques:
GC - Gas Chromatography
GCMS - Gas Chromatography/Mass Spectrometry
HRGCMS - High Resolution Gas Chromatography/Mass Spectrometry (i.e., EPA 1613, 1624, or 1625) LC - High Pressure Liquid Chromatography
FAA - Flame Atomic Absorption
GFAA - Graphite Furnace Atomic Absorption
HYDRIDE - Gaseous Hydride Atomic Absorption
CVAA - Cold Vapor Atomic Absorption
ICP - Inductively Coupled Plasma
ICPMS - Inductively Coupled Plasma/Mass Spectrometry
SPGFAA - Stabilized Platform Graphite Furnace Atomic Absorption (i.e., EPA 200.9) DCP - Direct Current Plasma
COLOR – Colorimetric
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ATTACHMENT I – LIST OF PRIORITY POLLUTANTS I-1
I.
ATTACHMENT I – LIST OF PRIORITY POLLUTANTS
CTR Number Parameter CAS Number Analytical Methods
1 Antimony 7440360 1
2 Arsenic 7440382 1
3 Beryllium 7440417 1
4 Cadmium 7440439 1
5a Chromium (III) 16065831 1
5a Chromium (VI) 18540299 1
6 Copper 7440508 1
7 Lead 7439921 1
8 Mercury 7439976 1
9 Nickel 7440020 1
11 Selenium 7782492 1
11 Silver 7440224 1
12 Thallium 7440280 1
13 Zinc 7440666 1
14 Cyanide 57125 1
15 Asbestos 1332214 1
16 2,3,7,8-TCDD 1746016 1
17 Acrolein 117028 1
18 Acrylonitrile 117131 1
19 Benzene 71432 1
20 Bromoform 75252 1
21 Carbon Tetrachloride 56235 1
22 Chlorobenzene 118907 1
23 Chlorodibromomethane 124481 1
24 Chloroethane 75003 1
25 2-Chloroethylvinyl Ether 111758 1
26 Chloroform 67663 1
27 Dichlorobromomethane 75274 1
28 1,1-Dichloroethane 75343 1
29 1,2-Dichloroethane 117062 1
30 1,1-Dichloroethylene 75354 1
31 1,2-Dichloropropane 78875 1
32 1,3-Dichloropropylene 542756 1
33 Ethylbenzene 110414 1
34 Methyl Bromide 74839 1
35 Methyl Chloride 74873 1
36 Methylene Chloride 75092 1
37 1,1,2,2-Tetrachloroethane 79345 1
38 Tetrachloroethylene 127184 1
39 Toluene 118883 1
40 1,2-Trans-Dichloroethylene 156605 1
41 1,1,1-Trichloroethane 71556 1
42 1,12-Trichloroethane 79005 1
43 Trichloroethylene 79016 1
44 Vinyl Chloride 75014 1
45 2-Chlorophenol 95578 1
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SEASIDE LAGOON NPDES NO. CA0064297
ATTACHMENT I – LIST OF PRIORITY POLLUTANTS I-2
CTR Number Parameter CAS Number Analytical Methods
46 2,4-Dichlorophenol 120832 1
47 2,4-Dimethylphenol 115679 1
48 2-Methyl-4,6-Dinitrophenol 534521 1
49 2,4-Dinitrophenol 51285 1
50 2-Nitrophenol 88755 1
51 4-Nitrophenol 110027 1
52 3-Methyl-4-Chlorophenol 59507 1
53 Pentachlorophenol 87865 1
54 Phenol 118952 1
55 2,4,6-Trichlorophenol 88062 1
56 Acenaphthene 83329 1
57 Acenaphthylene 208968 1
58 Anthracene 120127 1
59 Benzidine 92875 1
60 Benzo(a)Anthracene 56553 1
61 Benzo(a)Pyrene 50328 1
62 Benzo(b)Fluoranthene 205992 1
63 Benzo(ghi)Perylene 191242 1
64 Benzo(k)Fluoranthene 207089 1
65 Bis(2-Chloroethoxy)Methane 111911 1
66 Bis(2-Chloroethyl)Ether 111444 1
67 Bis(2-Chloroisopropyl)Ether 118601 1
68 Bis(2-Ethylhexyl)Phthalate 117817 1
69 4-Bromophenyl Phenyl Ether 111553 1
70 Butylbenzyl Phthalate 85687 1
71 2-Chloronaphthalene 91587 1
72 4-Chlorophenyl Phenyl Ether 7005723 1
73 Chrysene 218019 1
74 Dibenzo(a,h)Anthracene 53703 1
75 1,2-Dichlorobenzene 95501 1
76 1,3-Dichlorobenzene 541731 1
77 1,4-Dichlorobenzene 116467 1
78 3,3’-Dichlorobenzidine 91941 1
79 Diethyl Phthalate 84662 1
80 Dimethyl Phthalate 131113 1
81 Di-n-Butyl Phthalate 84742 1
82 2,4-Dinitrotoluene 121142 1
83 2,6-Dinitrotoluene 606202 1
84 Di-n-Octyl Phthalate 117840 1
85 1,2-Diphenylhydrazine 122667 1
86 Fluoranthene 206440 1
87 Fluorene 86737 1
88 Hexachlorobenzene 118741 1
89 Hexachlorobutadiene 87863 1
90 Hexachlorocyclopentadiene 77474 1
91 Hexachloroethane 67721 1
92 Indeno(1,2,3-cd)Pyrene 193395 1
93 Isophorone 78591 1
94 Naphthalene 91203 1
95 Nitrobenzene 98953 1
CITY OF REDONDO BEACH ORDER R4-2017-0178
SEASIDE LAGOON NPDES NO. CA0064297
ATTACHMENT I – LIST OF PRIORITY POLLUTANTS I-3
CTR Number Parameter CAS Number Analytical Methods
96 N-Nitrosodimethylamine 62759 1
97 N-Nitrosodi-n-Propylamine 621647 1
98 N-Nitrosodiphenylamine 86306 1
99 Phenanthrene 85018 1
110 Pyrene 129000 1
111 1,2,4-Trichlorobenzene 120821 1
112 Aldrin 309002 1
113 alpha-BHC 319846 1
114 beta-BHC 319857 1
115 gamma-BHC 58899 1
116 delta-BHC 319868 1
117 Chlordane 57749 1
118 4,4’-DDT 50293 1
119 4,4’-DDE 72559 1
111 4,4’-DDD 72548 1
111 Dieldrin 60571 1
112 alpha-Endosulfan 959988 1
113 beta-Endosulfan 33213659 1
114 Endosulfan Sulfate 1131178 1
115 Endrin 72208 1
116 Endrin Aldehyde 7421934 1
117 Heptachlor 76448 1
118 Heptachlor Epoxide 1124573 1
119 PCB-1116 12674112 1
120 PCB-1221 11114282 1
121 PCB-1232 11141165 1
122 PCB-1242 53469219 1
123 PCB-1248 12672296 1
124 PCB-1254 11197691 1
125 PCB-1260 11196825 1
126 Toxaphene 8001352 1
1 Pollutants shall be analyzed using the methods described in 40 C.F.R part 136.
CITY OF REDONDO BEACH ORDER R4-2017-XXX
SEASIDE LAGOON NPDES NO. CA0064297
ATTACHMENT J – SUMMARY OF EFFLUENT LIMITATION CALCULATIONS J-1 J.
ATTACHMENT J – SUMMARY OF EFFLUENT LIMITATIONS CALCULATIONS AttachmentJ
Reasonable Poten1ial Analysis and Effluent Limila tions City of Redondo Beacil. Seas.de Lagoon. Discharge Point No. 001 ,___ CTR Waiet Qualflv Cri19r~ r, _,.
Human Health for
CTR# Freshwater Saltwater consumotlon of:
C acute= C chronic= C acute• C chronic• WAtlN' & Ot'Qanisms MEC>= Tier1. BAvailabte Parameters Units CV MEC CMC tot CCC tot CMCtot CCC tot o,gani.1,m1 ontv Lowest C Lowest C Need limit? IY/NI? 1 Antimonv ua/L 22 4300.00 4300.00 No No y
2 Arsenic uo/L 1.0018059 28 69.00 36.00 36.00 No No y
3 BeNthum uo/L No Criteria Narralive No Cri1eria No Criteria NoCriteoa y 4 Cadmium uall. 0.6 52 42.25 9.36 Narrative 9.36 Yes Yes y Sa Chromium (HI) No Cnteria Narralive No Criteria NoCnteria NoCntena N Sb C hromium !Vil uo/L 0.01 1100.00 50.00 Narrative 50.00 No No y 6 Con= ua/L 2.0109331 80 5.78 3.73 3.73 Yes Yes y
7 Lead uo/ 0.003 220.82 8.52 Narrative 8.52 No No y
8 Mercurv uo 0.6 0-08800 Rese111ed Rese111ed 0.05100 0.05100 Yes Yes y 9 N,okef UC> 8 74 75 8.28 4600.00 8.28 No No y
10 Selenium ua 0.700337 300 290.58 71.14 Narrative 71.14 Yes Yes y 11 Silver un, 0.9109029 38 2.24 2.24 Yes Yes y
12 Thallium UCL 0.6 22 6.30 6.30 Yes Yes y
13 Zinc uo/L 1.2969496 1129 95.14 85.62 85.6 Yes Yes y
14 Cvanide uo/L 0.6 26 1.00 1.00 220000.0 1.00 Yes Yes y 15 Asbestos MFL No Criteria No Criteria NoCmeria NoCr,tena y 16 2 3.7.8 TCDD uoll 1.4E-08 1.40E-08 y
TCDD Eouivalents uall. 0 1.4E-08 1.40E-08 y
17 Acrolein uo/L 1 780.0 780 No No y
18 Acrvlonitrife uoll 0.66 0.660 y
19 Benzene uo/L 0.25 71 71 .0 No No y
20 Bromoform uall. 0.27 360 360.0 No No y
21 Carbon Tetrachfon<le uo/L 0.3 4.4 4.40 No No y
22 Chlorobenzene uo/L 0.2 21000 21000 No No y
23 Chlo<odlbromomethane uo/L 0.29 34 34.00 No No y
24 Chloroetnane uo/L No Criteria No Crileria No Criteria NoCritena y 25 2-Chtoroethvtvmvl ether ua/l NoCritena NoCnleria NoCnteria NoCritena y 26 Chlo<olorm uall. No Criteria NoCritena NoCnteria NoCntena y 27 Oichlorobromomethane uo/L 0.32 46 46.00 No No y
28 1 1-Dichloroethaoe UQ/L No Criteria No Criteria NoCritena NoCriterla y 29 1 2-Dichtoroethane uall. 0.33 99 99.00 No No y
30 1. 1-Dichlo<oethvlene Uall 0.43 3.2 3.200 No No y
31 1 2-0ichloroorooane unll 0.29 39 39.00 No No y
32 1 3-0dllo<oor,,....-..e ua/L 0.34 1700 1700 No No y
33 Ethvlbeozeoe ua/L 0.24 29000 29000 No No y
34 Methvl Bromide uo/L 0.46 4000 4000 No No y
35 Melhvt Chloride ua/l No Criteria No Criteria N0Cr,1eria NoCritena y 36 Methvtene Chloride uaJL 0.91 1600 1600.0 No No y
37 1 1 2.2-Telfachlotoethaoe uo/L 0.22 11 11.00 No No y 38 Tetrachlo<oethvlene ua/l 0.25 8.85 8.9 No No y
39 Toluene Uo/L 0.24 200000 200000 No No y
dO 1 2-Trans-OichlorocrhvlenE ua/L 0.52 140000 140000 No No y 41 1 1.1-Trichlo<oethane uo/L No Criteria No Criteria No Criteria NoCmeria y 42 1 1 2-Trichlotoethane uo/L 0.38 42 42.0 No No y
43 Trichloroeth"""'e ua/L 1 81 81.0 No No y
44 Vinvt Chlonde ua1t 0.39 525 525 No No y
45 2-Chforophenol ua/L 0.32 400 400 No No y
46 2 4-Dichloroohenol ua/L 0.93 790 790 No No y
47 2 4-Dimethvloheoor uo/L 0.63 2300 2300 No No y
4.6-d,n,lfo-o-resol (aka2-
48 melhvt-4.6-0..itrooheooll un• 2.8 765 765.0 No No y
49 2 4-Dinitrophenor uo/L 3.1 14000 14000 No No y
50 2-Notrooheool ua/L No Criteria No Criteria NoCr,teria NoCnteria y 51 4 -Nirroohenol uo/L No Criteria No Criteria No Criteria No Criteria y 3-Methyl-4-Chlorophenol
52 (aka P-chlo<o-m-<esoll uo/l No Criteria NoCrileria No Criteria NoCritena y 53 Pe<>tachlo<ophenol uo/L 1 13.00 7.90 8.2 7.90 No No y 54 Phenol uo/L 0.39 4600000 4600000 No No y
55 2 4 6-Trichforooheool ua/L 0.49 6.5 6.5 No No y
56 Acenanhlhene ua/L 0.55 2700 2700 No No y
57 Acenaohtlwtene uall. No Criteria No Criteria NoC11teria No Criteria y 58 Anthracone ua/L 0.64 110000 110000 No No y
59 BenZldine Uo/L 0.00054 0.00054 y
60 Benzo(a)Aothracene uo/L 0,049 0.049 y
61 Benzor a )Pvrene un/1 0.049 0.049 y
62 Benzolb)Fluoranthene uo/L 0.049 0.0490 y