Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: NPDES Stormwater Permit Implementation Agreement
AGENDA TITLE
Amended and Restated Agreement to Fund National Pollutant Discharge Elimination System Permit Implementation (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a Cooperative Agreement with the County of Orange and Orange County Cities to fund National Pollutant Discharge Elimination System (NPDES) Permit Implementation (Agreement No. A-2026-XXX).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Authorized by the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program was established in 1972 to regulate pollutant discharges to waters of the United States. The City is a co-permittee under the North Orange County Municipal NPDES Permit, which is issued by the Santa Ana Regional Water Quality Control Board.
The original Countywide NPDES Stormwater Permit Implementation Agreement (Agreement), executed in 1990 and amended in 1993 and 2002, established a cooperative framework for implementing the Orange County Stormwater Program to meet NPDES Permit requirements and improve surface water quality. The Agreement allows for collaboration, consistency, and cost sharing of regional compliance strategies, municipal staff training, watershed monitoring and reporting efforts, and other NPDES program elements required by each of the Permittees.
While the current Agreement has allowed the City of Santa Ana to achieve compliance with the Federal Clean Water Act and associated Water Quality Control Board requirements, state regulatory requirements have changed significantly since the Agreement was last updated in 2002. Water quality priorities have become increasingly complex, requiring targeted solutions including stormwater treatment projects to meet ongoing and forthcoming compliance requirements.
NPDES Permit Implementation Agreement
April 7, 2026
5 6
7 9
The proposed 2026 amendment to the Agreement reflects current regulatory requirements, administrative practices, and programmatic needs. It continues the Countywide approach among the Permittees (Orange County cities & County) to implement regional stormwater management strategies, and also provides added flexibility in designing and developing local watershed-specific strategies, programs, and projects. The amendment also formalizes the consultation process with the Orange County City Managers Association (OCCMA). The term of the Agreement is indefinite, unless amended or terminated in accordance with the terms in the Agreement.
Key provisions of the amended and restated Agreement include:
Continued designation of the County as the administrator of the regional Orange County Stormwater Program.
Clarification of responsibilities for each Permittee, including compliance reporting, monitoring, and implementation of Best Management Practices (BMPs). Engagement with the OCCMA for strategic input on compliance and funding. Updated collaborative review process for annual operating budgets, including new sub-budgets to be established with smaller groups of Permittees to support development of targeted water quality projects and programs. Continues the existing cost sharing formula between Permittees based on land area and population, with the Orange County Flood Control District contributing 10% and the County and Cities sharing the remaining 90% for the annual operating budget countywide. For new sub-budgets, the same approach will be used to share costs amongst those participating agencies.
The shared cost budget developed annually for this Agreement maintains the existing cost sharing formula based on land area and population for the unincorporated County and 34 Orange County cities. Historically, the City’s portion of the shared cost budget has been approximately 5.6%. Staff recommends the approval of this Agreement for continued compliance with federal and state regulations.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. Approval of the Agreement allows the City to continue to comply with the Federal Clean Water Act and the related regulations promulgated by the State Water Quality Control Board.
FISCAL IMPACT
Funding is included in the approved FY 2025-26 budget and approval of this agreement does not result in an additional fiscal impact for the current fiscal year. The Fiscal Year 2026-27 funding for this Agreement is anticipated to be approximately $567,959.
Subsequent funding for future years will be included in the proposed budgets for City Council consideration.
NPDES Permit Implementation Agreement
April 7, 2026
5 6
7 9
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description
Amount
2026-27 05717640-62300
Federal Clean
Water
Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contractual Services-
Professional
$567,959
TOTAL: $567,959
EXHIBIT(S)
1. Amended NPDES Stormwater Permit Implementation Agreement Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager