Municipal Regional Stormwater
National Pollution Discharge Elimination
System (NPDES) Permit Status Update
Transportation and Environment Committee
December 5, 2022
Item (d) 2
Kerrie Romanow, Director
Rajani Nair, Deputy Director
Mary Morse, Senior Environmental Program Manager
Environmental Services Department
Where the Water Goes
Outdoor
Activities
Creeks & Rivers
Indoor
Activities
Sanitary
Sewer
Treatment Plant
Storm Sewer
(Treated)
(Untreated) 2
National Pollution Discharge Elimination System (NPDES) Permitting Authority
U.S. EPA
State Water Resources
Control Board
Regional Water Quality
Control Board (9 regions)
MS4s* (NPDES)
* MS4 = Municipal separate storm sewer system
1968 Porter – Cologne Act –
EPA authorizes State Water
Resources Control Board 3
Permit Provision* City Departments
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.2 Municipal Operations
C.3 New Development and Redevelopment (GSI)
C.4 Industrial and Commercial Site Controls
C.5 Illicit Discharge and Detection Elimination
C.6 Construction Site Control
C.7 Public Information and Outreach
C.8 Water Quality Monitoring
C.9 Pesticides Toxicity Control
C.10 Trash Load Reduction
C.11,
C.12,
C.13
Mercury, PCBs, and Copper Controls
C.15 Exempted and Conditionally Exempted Discharges
C.17* Discharges Associated with Unsheltered Homeless
Populations
C.20* Cost Reporting
C.21* Asset Management
C.22 Annual Reports
NPDES Municipal Regional Stormwater Permit Provisions – Effective July 1, 2022 *New provision in MRP 3.0 4
C.3 New and Redevelopment &
Green Stormwater Infrastructure
5 Project Type Past Permit New Permit
Commercial, Municipal,
Multi-Family Dwellings
10,000 sq. ft. –
treatment required
5,000 sq. ft. –
treatment required
Single Family Homes Exempt 10,000 sq. ft. –
treatment required
Roadway Projects 10,000 sq. ft. AND a
new lane of travel 1 acre
Green Stormwater
Infrastructure Develop a GSI Plan GSI implementation targets Permit Provision City Departments
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.3 New Development and Redevelopment (GSI)
Commercial, municipal,
and multi-family
residential requirement:
8,605 properties
Single-family residential
requirement: 0
properties
Commercial, municipal,
and multi-family
residential requirement:
20,645 properties
Single-family residential
requirement:
13,983 properties
Old Requirement New Requirement
6 C.10 Trash
Load Reduction
Compliance Schedule 90% by June 30, 2023 100% by June 30, 2025 Direct Discharge Program –updated Plan
due January 2023
Long-Term Trash Plan –updated Plan
due September 2023
Private Parcels Trash controls- by July 2025
7 C.10 and C.17 Potential Impacts - Direct Discharge Trash Control Plan and Discharges Associated with Unsheltered Homeless Populations
Include a commitment to, and a plan to increase the supply of emergency, transitional, and/or permanent housing, and the following services:
Trash and sanitary services
Other services to reduce discharges such as RV safe parking areas and pump out services
Social services that can help unhoused transition to housing Prioritize providing housing and services to unhoused living near waterways
Provide the estimated number of people experiencing homelessness living within approx. 500 feet of creek edge
Permit Provision City Departments
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.10 Trash Load Reduction
C.17 Discharges Associated with Unsheltered Homeless
Populations
8 C.12 Polychlorinated Biphenyls (PCBs)
Controls
Identify and abate Source Properties
Investigate land areas likely to contribute PCBs to waterways Prioritize "Old Industrial Areas" = areas where industrial activity took place prior to 1980, and has not yet been redeveloped
Identify properties confirmed to contribute high levels of PCBs Notify Water Board and implement enhanced O&M measures to street or storm drain Implement sediment control measures in "Old Industrial Areas" Submit plans and schedules by March 31, 2023
Treat approximately 300 acres in San José by using green infrastructure, large trash capture, street sweeping, storm line cleaning, or property management Manage PCBs-containing materials from building demolitions PCBs Screening Form required for all building demolitions Sampling of building materials required for applicable structures Additional requirements for applicable structures with materials that test at or above threshold Control PCBs from bridges and overpasses (when repaired or replaced) 9 C.12 Potential Impacts – Old Industrial Areas
To Date: Evaluating areas that have
been developed or planned for
development, full trash capture,
green infrastructure
Reference Regional Project Use Case:
River Oaks Regional Project
Treatment area: 210 Acres
Projected Cost: $13M
Timeline: Est. 4 years
Permit Provision City Departments
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.12 PCBs Controls
10 Permit Provision`
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.15 Exempted and Conditionally Exempted Discharges
C.15.b.iii. Emergency Discharges of Firefighting Water and Foam Permit Provision
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.20 Cost Reporting
C.21 Asset Management
C.20 Cost Reporting
• Develop and submit a regional cost
reporting framework by
June 30, 2023
• Submit annual analysis of stormwater
program costs starting with FY 24-25
C.21 Asset Management
• Develop and implement an Asset
Management Plan for management of hard
assets related to stormwater quality (e.g.,
LID controls & trash devices)
• Regional Coordination
• Ongoing Implementation Practices
• Required Best Management Practices (BMPs)
• Reporting
11 Next Steps and Critical Milestones
Seek Council approval (12/13/22) for Direct Discharge Trash Control Program Plan and submit to Water Board by January 3, 2023 Submit PCB Sediment Control Measures Plan and Schedule to Water Board by March 31, 2023
Update Municipal Codes to reflect new Stormwater Permit requirements
12 Municipal Regional Stormwater
National Pollution Discharge Elimination
System (NPDES) Permit Status Update
Transportation and Environment Committee
December 5, 2022
Item (d).2
Kerrie Romanow, Director
Rajani Nair, Deputy Director
Mary Morse, Senior Environmental Program Manager
Environmental Services Department