Municipal Regional Stormwater
National Pollution Discharge Elimination
System (NPDES) Permit Status Update
City Council
January 31, 2023
Item 6.1
Kerrie Romanow, Director
Rajani Nair, P .E., 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 Restore: Municipal Regional Stormwater Permit
Provisions – Effective July 1, 2022
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
*New provision in MRP 3.0 4
C.3 New and Redevelopment &
Green Stormwater Infrastructure
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
5 Potential C.3 Impacts
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 materials in bridges and overpasses (when repaired or replaced)
9 C.12 Potential Impacts – Old Industrial
Area
Permit Provision City Departments
ESD DOT Housing PBCE PRNS PW Airport Fire OED
C.12 PCBs Controls
To Date: Evaluating areas that have
been developed or planned for
development
Reference Regional Project Use Case:
River Oaks Regional Project
Treatment area: 210 Acres
Projected Cost: $13M
Timeline: Est. 4 years
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 Awaiting Water Board’s approval for the Direct Discharge Trash Control Program Plan that was submitted on January 3, 2023
Submit PCB Sediment Control Measures Plan and Schedule to Council for approval (mid- March) and submit to Water Board by March 31, 2023
Seek Council approval on funding to meet various regulatory compliance requirements
Update Municipal Codes and Policies to reflect new C.3 and C.12 Stormwater Permit requirements for Council approval (early May) and other potential future policy changes
Next Steps and Critical Milestones
12 Municipal Regional Stormwater
National Pollution Discharge Elimination
System (NPDES) Permit Status Update
City Council
January 31, 2023
Item 6.1
Kerrie Romanow, Director
Rajani Nair, P .E., Deputy Director
Mary Morse, Senior Environmental Program Manager
Environmental Services Department