City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/12/2023
Subject: WGR Southwest, Inc.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the agreement with WGR Southwest, Inc. to (1) assist City staff with completing the State mandated stormwater regulatory requirements and reporting as required by the City's General Storm Water Permit; and (2) provide storm water compliance support for private and development projects, in the not to exceed amount of $35,972 (funding sources: Sewer Operating Fund and private development reimbursement).
BACKGROUND:
The State Water Resources Control Board (SWRCB) adopted the Phase II Municipal Separate Storm Sewer Systems (MS4s) General Permit in February of 2013, and it took effect on July 1, 2013. The permit was a renewal of the previous MS4 permit, which was first adopted in 1999.
All cities with a population of over 10,000 fall under the Phase II general permit requirements; Ripon discharges all storm water into the Stanislaus River. These mandates are implemented and enforced under the Clean Water Act.
Listed below are some of the basic requirements of the general permit. Please note that within these categories are various other tasks associated with each:
EDUCATION AND OUTREACH PROGRAM
Fulfilling outreach and education requirements within the jurisdictional boundaries of the City.
MS4 INSPECTION and SWPPP REVIEW PROGRAM
The Permittee shall develop, implement, and enforce a program to prevent construction site discharges of pollutants and impacts on beneficial uses of receiving waters.
POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR PERMITTEE
OPERATIONS PROGRAM
The Permittee shall develop and implement a program to prevent or reduce the amount of pollutant runoff from Permittee operations.
POST CONSTRUCTION STORM WATER MANAGEMENT PROGRAM
Review and ensure Low Impact Development (LID) Design Standards are met for all qualified private development projects.
ANNUAL REPORTING PROGRAM & ANNUAL EFFECTIVENESS ASSESSMENT Compile all activities performed during the year and report to the State on compliance; assess the overall effectiveness of the program and address any deficiencies.
TRASH PROVISION – TRACK 1 IMPLEMENTAION
The Permittee shall develop a plan to capture 100% of trash in areas identified by the permit as high risk; includes high density residential, commercial, industrial, transit, etc.
The complete and current 105 page General Permit document (without attachments) can be viewed on the SWRCB website:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/phsii2012_5th/order_fi nal.pdf
DISCUSSION/ANALYSIS:
City staff, with assistance from WGR Southwest, Inc. completed all of the required tasks for years 1-10 and submitted the annual reports to the SWRCB. Although the City’s storm water permit expired on June 30, 2018, the City is still required to continue the implementation of its on-going responsibilities that began during Years 1 – 5 until a new permit is adopted. Staff intends to perform the monitoring and reporting requirements for years 11 and 12 with a combination of engineering staff, public works staff and assistance from WGR Southwest, Inc.
The attached Professional Services Agreement and Proposal outlines the proposed support to be provided by WGR Southwest, Inc.
Looking forward, it is estimated that a new or renewed Phase II MS4 Permit will be released for public comment around Spring of 2024. The requirements of the new permit will only increase beyond the existing regulations, placing more responsibilities on Cities.
FINANCIAL IMPACT:
The Professional Service Agreement outlines a time and material cost for storm water permit assistance from WGR Southwest, Inc. for years 11 and 12 for a not-to-exceed amount of $35,972. Within the attached proposal, task E.12 is to review private development post construction submittals, if necessary, for an amount of $10,200. This is an estimate and will be paid for by developers during the permitting process for any new projects. The remaining $25,772 of the proposal will be paid for through the Sewer Operating Fund.
Attachments:
1. Professional Services Agreement - WGR