TO: TRANSPORTATION AND
ENVIRONMENT COMMITTEE
FROM: Lori Mitchell
SUBJECT: Municipal Regional Stormwater
National Pollutant Discharge
Elimination System Permit Update
DATE: February 10, 2025
Approved Date:
2/21/2025
COUNCIL DISTRICT: Citywide
RECOMMENDATION
Accept this update on the status of the City’s implementation of the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (Stormwater Permit).
SUMMARY AND OUTCOME
The Stormwater Permit specifies increasing actions necessary to prohibit non-stormwater discharges into the municipal storm sewer system and waterways to protect local creeks and the San Francisco Bay. This memorandum provides an update regarding the second year of implementing the current Stormwater Permit and a summary of next steps and additional funding needs to achieve and maintain compliance.
BACKGROUND
The City of San José operates a Citywide stormwater program under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (Stormwater Permit) issued by the San Francisco Bay Regional California Water Board (Water Board). The recent Stormwater Permit was adopted by the Water Board on May 11, 2022, became effective July 1, 2022, and is set to expire on June 30, 2027. The Stormwater Permit specifies actions necessary to prohibit non-stormwater discharges into the municipal storm sewer system and waterways to protect local creeks and the San Francisco Bay. There are a total of 22 provisions that are implemented though various City Department programs and Table 1 below identifies key provisions highlighting key City departments to implement programs:
T&E AGENDA: 3/3/25
ITEM: (d) 4
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
Table 1. Department* Stormwater Permit Responsibility by Key Provisions Permit Provision Responsible City Departments
ESD DOT Housing PBCE PRNS PW Airport Fire
C.2 Municipal Operations ✓ ✓ ✓ ✓
C.3 New Development and
Redevelopment (Green Stormwater
Infrastructure)
✓ ✓ ✓ ✓ ✓ ✓
C.10 Trash Load Reduction ✓ ✓ ✓ ✓ ✓ ✓
C.12 PCBs Controls ✓ ✓ ✓ ✓
C.15 Exempted and Conditionally
Exempted Discharges ✓ ✓ ✓
C.17 Discharges Associated with
Unsheltered Homeless Populations ✓ ✓
C.20 Cost Reporting ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
C.21 Asset Management ✓ ✓ ✓ ✓ ✓ ✓
* In addition to the above City departments, City Manager’s Office of Economic Development and Cultural Affairs, City Manager’s Budget Office and Finance Department provide additional support where applicable.
The current state of the creeks within the City’s jurisdiction has significantly degraded.
The United States Environmental Protection Agency’s healthy watershed index states both Coyote Creek and Guadalupe River are impaired for aquatic life, fish/shellfish consumption, and recreational use. As such, the City should continue to focus its resources and prioritize funding to address discharges into the storm sewer system and protect local waterways to meet compliance while restoring and revitalizing riparian areas for community activity and foster climate resiliency.
Fiscal Year 2023-2024 was the second year of Stormwater Permit implementation. City staff have made significant progress in implementing its requirements. The Stormwater Annual Report1 was approved by Council on September 17, 2024 and submitted to the Water Board on September 30, 2024. This memo summarizes goals, current status and next steps needed to meet outstanding Stormwater Permit compliance targets by June 2027.
ANALYSIS
There are multiple critical milestones the City must complete within the next 18 months.
Table 2 summarizes key deliverables that will need to be submitted to ensure that the City remains in compliance with Stormwater Permit requirements:
1 Stormwater Annual Reports are posted online at https://www.sanjoseca.gov/yourgovernment/departments-offices/environmental-services/our-creeks-rivers-bay/stormwater-managementannual-reports
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
Table 2: Summary of key milestones
By June 2025 By September 2025 By December 2025 June 2026 and Beyond ▪ Complete
Initial
Inspections
of Private
Lands
parcels
▪ Submit Direct Discharge
Progress Report
▪ Submit first year of Cost
Reporting
▪ Submit Stormwater Annual
Report
▪ Submit Regional Firefighting
Discharges Report
▪ Submit Asset Management Plan
▪ Submit map with homeless
encampment locations
▪ Complete full trash
capture installation
(both Large and
Small)
▪ Achieve 100%
Trash Load
Reduction
▪ Mark 80% of the City’s
storm sewer inlets with
“No Dumping” message
▪ Implement Asset
Management Plan by
July 1, 2026
▪ Submit a plan and
schedule to update
existing storm sewer
system maps with
required information
Below highlights goal, current status, and next steps organized in sequential order by permit provision.
Provision C.2 -Municipal Operations
Goal: The City must report in the FY 2025-2026 Stormwater Annual Report the total number of municipally maintained storm sewer inlets and certify that a minimum of 80% are marked with a “No Dumping” message.
Current status: Based upon assessment conducted on approximately 3,000 inlets, City staff observed that approximately 50% of the storm sewer inlets markings, which were installed in 2014, still have legible “no dumping” markings.
Next steps: City staff recommend the installation of more durable metal medallions that will require additional funding to ensure 35,000 inlets are marked in accordance with the Stormwater Permit compliance requirement.
Provision C.3 - New Development and Redevelopment (Green Stormwater Infrastructure)
Goal: City was required to implement five (5) acres of Green Stormwater Infrastructure as part of a numeric retrofit requirement under the Stormwater Permit and meet requirements for GSI under Consent Decree with San Francisco Baykeeper.
Current status: In February 2025, the city completed the construction of the Riverview Stormwater Capture Garden. This is the first regional green infrastructure project in Santa Clara County that collects and treats stormwater runoff from approximately 344 acres of north San José before discharging to the Guadalupe River. The City also began the design of the Kelley Regional Stormwater Capture Garden which, once completed, will treat stormwater runoff from approximately 79 acres before discharging to the Coyote Creek.
Next steps: The current Stormwater Permit has more stringent storm water treatment thresholds for developments which also includes any public right of way improvements.
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
Currently, the only option for developers is to treat stormwater discharge on each parcel. City staff are requesting funding to create more flexibility for developers to address alternative compliance that can support offsite stormwater treatment and/or an in-lieu fee that includes a proportional share of operations and maintenance costs for green stormwater infrastructure if required to be installed in the public right-of-way.
Provision C.10 - Trash Load Reduction
Goal: City must achieve 100% Trash Load Reduction by December 2025 without the use of offsets. The City received a six-month extension as allowed under the Stormwater Permit, due to Water Board approving City’s Direct Discharge Trash Control Plan in June 2024.
Current status: As of June 30, 2024, the City achieved 109.8% trash load reduction with the use of offsets (See Table 3). The City achieved this through installation of full trash capture systems (structural controls) in the storm sewer system including 30 Large Trash Capture devices and 91 small trash capture devices to date. In addition, the City implements several programs that address on-land trash control measures which prevent trash entering into storm sewer system. These programs implemented by the Parks, Recreation and Neighborhood Services (i.e.: BeautifySJ); Transportation (i.e.:
street sweeping); Planning, Building, Code Enforcement and Environmental Services Departments (i.e.: enforcement and free junk pick-up) are critical to meet compliance.
Table 3: FY 23-24 Trash Load Reduction Percentage Calculation:
Trash Control Measure Percent Credit
Full Trash Capture Systems 55.5%
Non-structural control (i.e.: on-land trash control
measures, private land trash controls, etc.) 29.3%
Subtotal without offsets 84.8%
Credit and Offsets
Credit Jurisdictional Source Controls 0%
Offset Creek and Shoreline Cleanups 10%
Offset Direct Discharge Trash Control Plan 15%
Total with Credit and Offsets 109.8%
The Stormwater Permit clearly states that offsets through Additional Creek and Shoreline Cleanups and the Direct Discharge Plan (refer to Provision C.17 summary below) will sunset after June 30, 2025 and December 31, 2025 (thanks to the 6-month extension as noted above), respectively. While the Direct Discharge Trash Plan’s offsets will expire, the City is still obligated to comply with best management practices to mitigate discharges from unsheltered homeless populations per Provision C.17.
Current estimates project that the City will meet the 100% Trash Load Reduction mandate if all current full trash capture devices slated for completion by December 2025 are completed and if the City can maintain cleaner streets and sidewalks as assessed
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
by the On-land Visual Trash Assessment (OVTA) Program. In addition, the other challenge will be to sustain 100% compliance throughout the permit term.
Next Steps: Full Trash Capture in the Public Right-of-Way: The City will complete the installation of approximately 500 inlet-based small trash capture devices by December 31, 2025, targeting the highest trash load generation areas remaining in the City.
Through the City’s partnership with Caltrans, the installation of three Large Trash Capture devices is estimated to be completed by June 30, 2025. Additional funding may be available from Caltrans to design, procure, and install additional Large Trash Capture systems, however the City is required to operate and maintain all Full Trash Capture devices in perpetuity.
OVTA: City staff are exploring ways to further expand the On-land Trash Control Measures program by aligning annual assessment data with relevant Citywide programs to help increase City’s compliance goals while achieving City’s focus area priorities in Cleaning up our Neighborhoods.
The City is piloting the expansion of the Adopt-a-Storm Drain program initiated by Council District 1 to evaluate cost effective ways to engage community members to help prevent trash from entering into storm sewers. The City will conduct targeted outreach and aims to begin program implementation by June 2025.
Full Trash Capture on Private Lands: The Stormwater Permit mandates that all private parcels that have been identified as generating moderate, high, or very high trash loads and that have a private connection direct to the municipal storm sewer system must implement best management practices onsite to achieve low trash load generation.
Parcels that are unable to achieve low trash load generation will be required to install a full trash capture device or equivalent by June 30, 2025. Staff assessed approximately 2,400 parcels and identified approximately 1,300 that are affected by this requirement, with approximately 80% of these parcels assessed as low trash generating. To meet the permit requirements, the City will need to complete initial inspection of the remaining 20% of parcels (approximately 225 parcels). The City will continue to inspect, educate, and enforce to ensure all private parcels identified comply and help prevent trash from entering the City’s storm sewer system. Completing this task will generate an estimated 10% trash load reduction that the City will claim this fiscal year.
Provisions C.11 and 12 – Mercury and Polychlorinated Biphenyls Goal: Reduce the amount of Polychlorinated Biphenyls (PCBs) entering into urban runoff and meet Total Maximum Daily Load targets set forth by March 2030.
Current status: The Water Board approved the Regional PCBs Control Measure Plan in September 2024. In June 2024, the City referred six confirmed PCB Source Properties to the Water Board for abatement, which the Water Board accepted. City staff, in collaboration with Santa Clara Valley Urban Runoff Pollution Prevention Program
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
(SCVURPPP), completed investigations of 15 parcels. Preliminary results indicate there may be additional Source Properties in the areas assessed.
Next steps: City will be investigating 67 acres of properties located in Old Industrial Areas to identify properties with elevated PCBs and will determine whether the City will refer any parcels to the Water Board or work directly with owners to abate. These approaches will require resources for outreach, inspection, enforcement, and enhanced operations and maintenance until the properties are fully abated.
Provision C.15.b.iii - Emergency Discharges of Firefighting Water and Foam Goal: Stormwater Permit requires the submittal of a Regional Firefighting Discharges BMP report by September 30, 2025.
Current status: The San José Fire Department (SJFD) and the Environmental Services Department actively participate in biannual regional Firefighting Discharges Working Group meetings led by Water Board staff to assess the adequacy of existing best management practices (BMPs) and standard operating procedures to address the potential adverse water quality impact of firefighting water and foam discharged during emergencies. This work group will compile and submit the Regional Firefighting Discharges BMP report by the September 30, 2025 due date.
Next Steps: City staff will assess steps necessary to implement BMPs detailed in the Regional Firefighting Discharges BMP report. Staff will also need to train any vendors on implementing firefighting discharge BMPs. Staff will also need to evaluate the adequacy of large industrial sites’ BMPs and standard operating procedures to ensure compliance with Stormwater Permit requirements.
Provision C.17 - Discharges from Unsheltered Homeless Populations Goal: Implement best management practices to reduce discharges into storm sewer system by unsheltered homeless populations.
Current status: On June 3, 2024, the Water Board approved the City’s Direct Discharge Trash Control Plan (DDTCP), which addresses discharges associated with unsheltered homeless populations along targeted areas of the City’s waterways. DDTCP efforts include mapping, providing outreach, social and sanitary services to encampments and lived in vehicles; cleanup of encampment trash and debris; removal of residual trash from creeks in partnership with non-profits and Valley Water; and visual creek assessments.
The City implemented Phase I of a Waterways Surge count of people experiencing unsheltered homelessness along 12 miles of Coyote Creek in December 2024. Phase II will assess the remaining approximately 15 miles of the Direct Discharge Plan’s Program areas and will be completed in February 2025. This data will be used to
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
identify and analyze the need, then scale services provided by the City and its partners to individuals experiencing homelessness in the waterways and near storm drains.
Next steps: The Stormwater Permit requires the City to submit a map identifying approximate location(s) of unsheltered homeless populations throughout the City’s jurisdiction. The map shall identify those location(s) in relation to storm drain inlets and existing streams, rivers, flood control channels, and other surface water bodies within the City’s jurisdiction. Data for this map will be generated from the Phase I and II Waterways Surge counts and the County of Santa Clara’s Point In Time Census efforts.
SCVURPPP will work closely with the County’s Office of Supportive Housing to ensure data meet privacy requirements. In addition, City is seeking additional funding to utilize Valley Water’s expertise to perform in channel waterway clean up to remove trash and large objects in areas where no return zones are established.
Provision C.20 - Cost Reporting
Goal: The City is required to submit a Cost Report with the FY 2024-2025 Stormwater Annual Report.
Current status: City departments that implement stormwater permit programs have attended training sessions and are currently identifying personnel, non-personnel, and capital costs.
Next steps: City staff need to collect and finalize data by June 30, 2025, to submit first cost report with the Stormwater Annual Report in September 2025.
Provision C.21 - Asset Management
Goal: The City is required to submit an Asset Management Plan by June 30, 2025 and is required to implement starting July 1, 2025.
Current status: City staff are identifying an inventory of water quality assets such as Full Trash Capture devices and Green Stormwater Infrastructure facilities to be included in the Asset Management Plan. Staff will need to assess the likelihood and consequence of device failure based on standardized criteria and provide guidance on prioritizing maintenance activities to ensure proper asset operation. The Asset Management Plan will include existing plans, such as the Department of Transportation’s Device Specific Plan for maintaining Full Trash Capture Devices.
Next Steps: The City will submit its Stormwater Quality Asset Management Plan with the FY 2024-2025 Stormwater Annual Report.
Conclusion and Next Steps
San José’s creeks are a vital part of our community, and the City has been a leader in developing creative solutions to ensure compliance with the Stormwater Permit and Clean Water Act. City departments are collaborating to evaluate where existing
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
programs can be enhanced and where staff must develop new programs to meet increasing compliance requirements. Departments will need additional funding to meet these requirements. Additionally, the Water Board has initiated early discussions on the next iteration of the Stormwater Permit that will be scheduled to go into effect in July 2027.
EVALUATION AND FOLLOW-UP
Staff will seek approval from City Council in September 2025 for the FY 2024-2025 Stormwater Annual Report. Staff will also submit a status update Information Memorandum to the Transportation and Environment Committee in Fall 2025.
COST SUMMARY/IMPLICATIONS
The City’s current suite of stormwater protection, management, and capital improvement programs are primarily funded through storm sewer service charges paid by property owners. This is supplemented by funding from federal and State grants, the Measure T Public Safety and Infrastructure Bond Fund, and the General Fund (in the limited instances where other sources are not eligible to pay for the required costs, such as creek cleanup events). As described in the 2024-2025 Adopted Budget and 2025- 2029 Adopted Capital Improvement Program, the combined expenditure needs of the operating and capital components eclipse ongoing revenues from storm sewer service charges. Identifying additional funding within the next two fiscal years is imperative.
Though its intent is to improve overall environmental and community health, full implementation of the Stormwater Permit is expected to result in continued program cost impacts. These ongoing cost requirements may continue to impact a wide range of community members – from commercial property owners and businesses to individual homeowners – as well as multiple City departments and capital programs. Staff will continue to review these impacts and coordinate across applicable departments and with the City Manager’s Budget Office to ensure an implementable approach to meet Stormwater Permit requirements. Applicable strategies may include a re-examination and reallocation of existing resources to meet the most immediate needs, identification of new or increased fees to pay for new and expanded services, leveraging federal and State grant opportunities where available, and additional General Fund resources.
These elements will be considered in the 2025-2026 budget development process and in future years, with additional discussion expected at Transportation and Environment Committee meetings and City Council as programs and budget needs are more precisely defined.
TRANSPORTATION & ENVIRONMENT COMMITTEE
February 10, 2025
Subject: Municipal Regional Stormwater Natl Pollutant Discharge Elimination Sys Permit Update
COORDINATION
This memorandum has been coordinated with the following departments: Public Works Department; Department of Planning, Building and Code Enforcement; Transportation Department; Department of Parks, Recreation and Neighborhood Services; Airport; Housing Department; Fire Department; Office of Economic Development; the City Manager’s Budget Office; City Manager’s Office; and the City Attorney’s Office.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the March 3, 2025, Transportation and Environment Committee meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City Action.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution. /s/
Lori Mitchell
Acting Director, Environmental Services
For questions, please contact Rajani Nair. Deputy Director, Environmental Services, at [email protected] or (408) 799-7462.