San Jose City Council
May 9, 2023

Proposed Ordinance and Policies
Municipal Regional Stormwater NPDES
Permit
City Council Meeting
May 9, 2023
Rajani Nair, P .E.,Deputy Director
Environmental Services Department
Today’s Presentation Outcomes
 Brief overview of Municipal Regional
Stormwater NPDES Permit
 C.3 New Development and
Redevelopment
 C.12 Polychlorinated Biphenyls
(PCBs) Controls
 Summary of SJMC Title Updates, City
Council Policies, Administrative
Citation and Schedule of Fines
 Outreach Efforts
 Follow up response to Planning
Commission (4/12/23) concerns
 Staff Recommendations
2 Outdoor
Activities
Creeks & Rivers
Indoor
Activities
Sanitary Sewer
Treatment Plant
Storm Sewer
(Treated)
(Untreated)
Where the Water Goes
3 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
4 Current Waterway Health in San Jose
https://mywaterway.epa.gov/ 5
Municipal Regional Stormwater
Permit (MRP) - Effective July 1, 2022
6 C.3 - New Development
and Redevelopment
10K SF
5K SF
1 Acre
*
Project Type Past Permit Current Permit
Commercial,
Municipal, Multi-
Family Dwellings,
New or Widened
Roads
10,000 square feet
(SF) –treatment
required
5,000 square feet (SF)
or above
– treatment
required.
*Includes Public Right-
of-Way & Trails
Single Family
Homes Exempt
10,000 square feet (SF)
or above
– treatment
required
*Includes Public Right-
of-Way
Small Projects
2,500 SF to 10,000 SF
– site design
measure(s) required
2,500 SF to 5,000 SF
for
new development and
redevelopment,
2,500 SF to 10,000 SF
for SFHs – site design
measure(s) required
Roadway
Reconstruction
Projects
Maintenance Exempt
1 acre or above with
replacement down to
top of base, &
utility
trenching on average 8
feet wide or more
7 C.12.g - Polychlorinated Biphenyls (PCBs) -
Building Demolitions
What are PCBs?
 A group of man-made organic chemicals
 Used widely in industrial processes, electrical equipment, and building materials from ~1920 to 1980
 Toxic and exist in unhealthy quantities in the San Francisco Bay  Now banned, but still persist and bioaccumulate in the environment
What is the PCBs in Building Demolition Program?
 One of four programs implemented by the City to minimize or prevent the release of PCBs-contaminated sediment to storm drains and waterways
 Required by Provision C.12.g. of the Stormwater Permit since July 1, 2019
 Expanded requirements effective July 1, 2023
8 C.12.g - Polychlorinated Biphenyls (PCBs) -
Building Demolitions
Includes requirements from former* and new** Stormwater Permits, related to protecting storm drains from PCBs released during building demolition activities:

Category What is required Existing or
new
requirement
Number of
affected
projects
per year
Notes
All projects involving a
complete demolition of
one or more buildings
PCBs Screening Form (one for each building
being demolished)
Existing ~60 Determines whether a
structure is Applicable
Applicable Structures Sampling of building materials and submittal of Supporting Documents
Existing ~10-15 Determines whether a
project tests at or above
50 ppm threshold
Applicable Structures
with 50 ppm+
• Notification to City, Water Board, and
U.S. EPA before demolition
• Inspection of site by City
• Submittal of hazardous waste manifest
New ~2-5 Ensures use of pollutant
control measures on site,
and appropriate disposal
of PCBs-contaminated
material
*MRP 2.0 - effective July 1, 2019, requirements continue with MRP 3.0 **MRP 3.0 - effective July 1, 2023
9 Updates to SJMC Titles 5 and 20
Project Type Past Permit Current Permit Municipal Codes Impacted Commercial, Municipal,
Multi-Family Dwellings
10,000 square feet (SF) or
above – stormwater
treatment required
5,000 SF or above – stormwater
treatment required
*Includes Public Right-of-Way & Trails
SJMC 5.09.500 I
SJMC 20.95.020 A
SJMC 20.95.020 B
SJMC 20.100.465 A
Single Family Homes
(SFHs) Exempt
10,000 SF or above
– stormwater
treatment required
*Includes Public Right-of-Way & Trails
SJMC 20.95.020 D
SJMC 20.100.910 G
SJMC 20.100.1030 B
SJMC 20.100.1030 C
SJMC 20.100.1090 A
Small Projects 2,500 SF to 10,000 SF – site
design measure(s) required
2,500 SF to 5,000 SF
for new
development and redevelopment
2,500 SF to 10,000 SF
for SFHs – site
design measure(s) required
SJMC 20.95.020 C
Sidewalks and Public ROW Impervious surface
calculation separate
Included
in impervious surface
calculation SJMC 20.95.020 A
Demolition Pre-demolition screening
1) Pre-demolition screening
2) Notification and site requirement
3) Documentation and retention of
records
SJMC 20.80.460 9
SJMC 20.95.020 E
SJMC 20.95.110 B
SJMC 20.100.465 B
10 Updates to SJMC Title 15
Project
Type
Previous SJMC Language Proposed SJMC Language Municipal Codes Impacted
All projects
It shall be unlawful to discharge any sewage,
industrial waste or other polluted waters
into any storm drain or natural outlet or
channel without a valid NPDES permit.

Clarifying applicability to any person and adding
“and it is unlawful to” into discharge prohibition
to prevent discharges of sewage, industrial
waste, or other polluted waters.

SJMC 15.14.515 A
All projects None
Clarifying discharge prohibition to include
placing, leaving, abandoning, or maintaining
pollutants, and strengthening requirement to
prevent potential discharges.

SJMC 15.14.515 B
All projects
The Director may develop best management
practices (BMPs), by ordinance or in
individual wastewater discharge permits, to
implement local limits, federal regulations,
and the requirements under this Chapter.

Clarifying that the City may develop best
management practices by ordinance, Resolution,
or Director order to implement limits,
regulations, and requirements.

SJMC 15.14.770 A
All projects None
Adding requirement for all persons to implement
BMPs or make reasonable efforts, and ensure
monitoring, treatment, and other measures to
prevent pollutant and unauthorized discharges.

SJMC 15.14.770 F
All projects None
Adding requirement for implementation and
record keeping of BMPs in response to
enforcement action, order or permit to be
continued until regulatory authorization
received.

SJMC 15.14.770 G
11 New and Updated City Council Policies
City Council Policy Past Permit Current Permit Municipal Codes Impacted Policy 6-28 Did not exist Developed new policy with past and current permit requirements
SJMC 20.80.460 9
SJMC 20.95.020 E
SJMC 20.95.110 B ($100 fine)
SJMC 20.100.465 B ($100 fine)
Policy 6-29 Contained previous permit
requirements
Updated with current permit
requirements
SJMC 20.95.110 A ($100 fine)
SJMC 20.100.465 A ($100 fine)
Policy 8-14 Contained previous permit
requirements
Updated
with current permit
requirements
SJMC 20.100.465 A
SJMC 20.100.480 F
12 Outreach Efforts
 SCVURPPP and the City are updating standards and guidance documents for C.3 implementation
 PCB demolition forms, guides, other information currently on the City's web page
 Department of Public Works (DPW) is communicating new and updated C.3 requirements through the permit review
process
 Environmental Services Department (ESD) partnered with Planning Building Code and Enforcement and Office of
Economic Development to provide updated PCB demolition
information
13 Follow up in response to Planning
Commission (4/12/23) concerns
 Cost to build LID will vary depending upon site conditions, prior use or nature and size of project
 Lower thresholds for C.3 may require increased permit fees  City will be using General Fund to support PCB Building Demolition Program until further data is obtained either to incur cost or impose fees on permit applicants
 City staff will evaluate racial equity impacts where PCBs are found and lowered threshold requirements
 Educate public on enforcement requirements and provide necessary translation as needed
14 Staff Recommendation
 Approve an Ordinance amending Sections 5.09.500,

15.14.515, 15.14,770, 20.80.460, 20.95.020, 20.95.110,

20.100.465, 20.400.480, 20.100.910, 20.100.1030, and

20.100.1090
 Adopt a Resolution:
 Approving new City Council Policy No. 6-28
 Amending City Council Policy No. 6-29
 Amending City Council Policy No. 8-14
 Adopting a Resolution amending the Administrative
Citation Schedule of Fines
15 Proposed Ordinance and Policies
Municipal Regional Stormwater NPDES
Permit
City Council Meeting
May 9, 2023
Rajani Nair, P .E.,Deputy Director
Environmental Services Department