iii. Other Trash Management Actions – Permittees shall maintain, and provide for inspection and review upon request, documentation of non-full trash capture system trash control actions that verifies implementation of each action. Permittees shall also conduct assessment of the action that verifies effectiveness of the action or combination of actions and maintain, and provide for inspection and review upon request, documentation of assessments. (a) Implementation Documentation – Permittees shall maintain documentation of trash control actions that describes each action or combination of actions, the level of implementation, the timing and frequency of implementation, standard operating procedures if applicable, location(s) of implementation actions including mapped location(s) and drainage area(s) affected or description of areal extent, tracking and enforcement procedures if applicable, and other information relevant to effective implementation of the action or combination of actions. (b) Visual Assessment of Outcomes of Other Trash Management Actions – Permittees shall conduct visual on-land assessment, including photo documentation, or other acceptable assessment method (see ProvisionC.10.b.iii.(b)(iv)), of each trash generation area within which it is implementing other trash management actions or combination of actions other than full trash capture, to determine or verify the effectiveness of the action or combination of actions. Permittees may assess and account for one or more trash generation areas in a single trash management area within which a control action or combination of control actions is implemented. The visual on-land assessment method used shall meet or exceed the following criteria:
(i) Conduct observations of the sidewalk, curb and gutter within each trash management area, or locations associated with sources of trash. (ii) Conduct observations at randomly selected locations covering at least ten percent of a trash management area's street miles or at strategic locations, provided they are representative of trash generation in the management area and they will represent the effectiveness of the control action(s) implemented or planned in the management area.
(iii) Conduct observations at a frequency consistent with known or estimated trash generation rate(s) within a trash management area and the time frequency of the control action(s) implemented or planned in the management area. Conduct observations for effectiveness approximately at the halfway point of the interval between instances of recurring trash control actions such as street sweeping and on-land cleanup. (iv) Permittees may put forth substantive and credible evidence that certain management actions or sets of management actions when performed to a specified performance standard yield a certain trash reduction outcome reliably. Permittees shall submit such evidence to the Executive Officer as a submittal separate from any other submittals or reports. If this evidence is accepted by the Executive Officer, the Permittees may claim a similar trash reduction outcome by demonstrating that they have performed these management actions at the specified performance standard. iv. Percentage Discharge Reduction – Percentage discharge reduction from 2009 from Very High generation areas reduced to High, Moderate, and Low, High generation areas reduced to Moderate and Low, and Moderate trash generation areas reduced to Low trash generation category to meet the required total percent reduction (% Reduction) shall be calculated based on the following formula:
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
v. Source Control – Permittee jurisdiction-wide actions to reduce trash at the source, particularly persistent trash items other than those addressed under previous Permits (foam foodware and single-use plastic bags) may be valued toward trash load reduction compliance by up to ten percent load reduction total for all such actions. To claim a load percentage reduction value, Permittees must provide substantive and credible evidence that new source control actions are being implemented jurisdiction-wide and reduce trash by the claimed value. A Permittee may support its claimed source reduction value with reference studies from other jurisdictions provided that it also provide credible evidence that the chosen source control action would achieve comparable trash reduction if implemented in the Permittee’s jurisdiction. A jurisdiction-wide source control load reduction value cannot be claimed after June 30, 2025. However, Permittees may demonstrate and claim full trash capture equivalence of a source control in specific trash generation areas or in combination with other controls in an area if the control or combination of controls are documented, assessed, and verified in accordance with Provision C.10.b.iii.
VI. Partial Trash Reduction – Curb Inlet Screens – Studies conducted by the Permittees during MRP 2 assessed the benefit of other control measures, such as curb inlet screens in combination with street sweeping, in reducing the amount of trash discharged through MS4s. However, additional information is needed to determine the effectiveness of curb inlet screens in reducing trash within a given trash management area. Permittees may demonstrate through further assessment and study, as described below, that the installation and appropriate maintenance of curb inlet screens, accompanied by street sweeping at an appropriate frequency, within Moderate trash generation areas can effectively reduce the trash generation rate to Low under the following conditions:
a. Permittees shall propose an acceptable method to verify that the area where curb inlet screens have been or will be installed are Moderate trash generating. Permittees shall also propose an appropriate method and frequency of verification, post installation, on the change (if any) in the trash generation rate following the installation of curb inlet screens. b. Permittees shall propose an appropriate street sweeping frequency where curb inlet screens are installed that, when implemented, effectively reduces the area’s trash generation rate to Low.
c. At a minimum, Permittees shall evaluate street sweeping effectiveness based on multiple factors other than frequency, and sufficient to allow a determination of proper and effective street sweeper access. Examples of additional evaluations that could be completed include effectiveness associated with enhanced street/curb accessibility via proper signage, ticketing, and towing vehicles when appropriate. d. The inspection and maintenance of each curb inlet screen shall be conducted at a frequency sufficient to ensure the screen is functioning appropriately, e.g., a screen is not stuck in an open position or plugged, including plugging of the screen leading to opening of the screen under flows less than those described in Provision C.10.a.ii.(a).
e. Permitees shall propose an appropriate method of covering/blocking horizontal surface grates during street sweeping events (to prevent trash from being swept into the grates), and an appropriate method for capturing smaller pieces of trash/debris from entering the MS4 via the horizontal surface grates.
f. Permittees shall submit the results of the additional study, as described above, for Executive Officer approval. The report must appropriately describe and demonstrate the conditions under which the combined use of curb inlet screens and street sweeping effectively reduce the trash generation rate of an area from Moderate to Low.
C.10.c Requirements for Flood Management Agencies D
Flood management agencies must continue to implement requirements for trash capture systems, as specified in Table 10-1, below. Flood management agencies must also implement trash control measures such as trash pickups and installation of trash receptacles, to control Moderate, High, and Very High trash generation areas within their jurisdiction including, but not limited to, parking lots, trailhead areas, and along recreational paths and trails, and demonstrate effectiveness of these trash control measures as specified in Provision C.10.b.iii.
C.10.d. Trash Load Reduction Plans D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
i. Permittes shall maintain, and provide for inspection and review upon request, a Trash Load Reduction Plan, including an implementation schedule to meet the Provision C.10.a Trash Load Reduction requirements. A summary of any new revisions to the Plan shall be included in the Annual Report. The Plan shall describe trash load reduction control actions being implemented or planned and the trash generation areas or trash management areas where the actions are or will be implemented, including jurisdiction-wide actions such as source control ordinances. The Plans may include actions to control sources outside of the Permittees’ jurisdictions that are causing or contributing to adverse trash impacts in the receiving water(s). Permittees that choose to implement such control actions may account for them towards meeting the Provision C.10.a Trash Load Reduction requirements as long as they can demonstrate the controls will be sustained, and they quantify the sustained load reduction benefit (relative to control actions in the trash generation areas or trash management areas in their jurisdiction that drained to the affected receiving water). ii. Permittees shall calculate their trash load reduction, relative to 2009 baseline conditions, without the trash load reduction offsets described in Provision C.10.f, as of June 30, 2023. If that reduction is less than 90 percent, then Permittees shall develop and implement an updated Trash Load Reduction Plan.
Pursuant to Provision C.22.c, the updated Trash Load Reduction Plan shall include a schedule of additional trash load reduction implementation actions sufficient to achieve compliance with the 90 percent compliance benchmark within a reasonable timeframe, and the 100 percent reduction from 2009 levels, achieved through implementation of full trash capture, or other equivalent actions, consistent with the requirements of this Provision, by June 30, 2025. Permittees shall submit their updated Trash Load Reduction Plans with their 2023 Annual Report iii. Permittees unable to attain 100 percent trash load reduction, relative to 2009 baseline conditions, by June 30, 2025, while accounting for credits from new source controls (as described in Provision C.10.b.v) may be granted additional time until December 31, 2025, and East Contra Costa County Permittees until June 30, 2026, to achieve 100 percent reduction via full trash capture, or equivalent, contingent on developing and implementing an approved Direct Discharge Control Plan as described in Provision C.10.f.ii.
C.10.e Impracticability Report D
Permittees may collectively submit a programmatic report by March 31, 2023, for the approval of the Executive Officer, that describes conditions under which it is impracticable to control trash via full trash capture devices. The impracticability report shall include, but not be limited to, the following:
i. A description of the engineering constraints that prevent the installation of full trash capture devices. ii. A process for evaluating and determining impracticability of full trash capture devices. iii. Alternative Controls: The report shall include alternative controls or a combination of controls that may be implemented to reduce trash loads to meet the requirements and deadlines in Provision C.10.a. Examples of alternative controls include, but are not limited to, requiring businesses or property owners to pick up litter, successful implementation of excess trash receptacles and collection services, increased code enforcement or parking enforcement/ticketing/towing, additional trash pick-ups, street sweeping, assessment and execution of cooperative implementation opportunities with Caltrans or neighboring Permittees, curb inlet screens, and long term measures such as pump station or storm drain retrofits, implementation of green stormwater infrastructure that controls trash, or changes to the catchment to allow effective implementation of full trash capture measures. iv. Permittees shall use an approved trash impracticability report in developing the updated Trash Load Reduction Workplans required by Provision C.10.d.
C.10.f Optional Trash Load Reduction Offset Opportunities D i. Creek and Shoreline Cleanup – A Permittee may offset part of its Provision C.10.a trash load percent reduction requirement by conducting cleanup of creek and shoreline areas. The creek and shoreline cleanup efforts should be conducted at a minimum frequency of twice per year, and sufficient to demonstrate sustained improvement of the creek or shoreline area. The maximum offset that may be claimed is ten percent. Offsets for creek and shoreline cleanups will no longer be applicable after June 30, 2025. A Permittee may claim a load reduction offset of one percent for the June 30, 2023 mandatory trash reduction compliance benchmark for each total of trash volume removed from cleanups that is ten percent of the Permittees’ 2009 trash load volume estimates, based on its trash generation maps and average categorical trash generation rates (see Provision C.10.a.ii), in accordance with the following formula:
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Direct Trash Discharge Controls – Permittees with an approved Direct Discharge Control Plan (DDCP) may claim up to fifteen percent using the Provision C.10.f.i formula towards offsetting their Provision C.10.a trash load percent reduction requirement. The DDCP shall include a detailed description of control measures the Permittee will implement to control the direct discharge of trash to receiving waters from non-storm drain system sources. Offsets for direct discharge controls will no longer be applicable after June 30, 2025. Permittees wishing to submit a new DDCP pursuant to Provision C.10.d.iii shall submit the DDCP for approval no later than April 1, 2024. Permittees with an existing DDCP approved during the Previous Permit shall submit an updated DDCP for approval no later than January 3, 2023, in order to continue claiming trash load percent reduction offsets. DDCPs shall be sufficient to provide trash reduction benefits equivalent to or greater than the areas not yet in compliance, as calculated using the formula in Provision C.10.b.iv, and shall include:
(a) A description of sources of the directly discharged trash; (b) A description of control actions that will be implemented during the permit term to prevent or reduce direct discharge trash loads, including those associated with unsheltered homeless populations and illegal dumping, in a systematic and comprehensive manner; (i) For Permittees whose DDCPs address significant discharges from populations experiencing unsheltered homelessness, systematic and comprehensive implementation of control actions shall include a commitment to, and a plan for, increasing the provision of emergency, transitional, and/or permanent housing, and the following services: trash and sanitary services, and other services which are necessary to reduce discharges associated with unsheltered homelessness, such as RV safe parking areas and pump out services, and social services that can help the unsheltered homeless transition to housing. The DDCP shall prioritize providing housing and services to people experiencing unsheltered homelessness who are living near receiving waters.
The DDCP shall document the existing capacities for housing and services as of the time of the DDCP's submittal, and include projections of changes to those capacities for each subsequent year during the Permit term. (ii) For Permittees whose DDCPs address significant discharges from illegal dumping, systematic and comprehensive implementation of control actions shall include a commitment to, and a plan for, actions that will prevent direct discharges of trash to receiving waters from illegal dumping. Such actions include, but are not limited to, abating illegal dumping sites, providing dumping vouchers (particularly to socioeconomically disadvantaged communities), holding free waste drop-off events, and implementing onsite structural BMPs to prevent direct discharges from illegal dumping sites to receiving waters. The DDCP shall prioritize addressing illegal dumping that occurs near receiving waters. The DDCP shall document existing sites where illegal dumping occurs, controls at illegal dumping sites, voucher and free waste drop-off programs, and include projections for reductions in illegal dumping, increases of controls at illegal dumping sites, and expansions of (or the creation of) programs to control illegal dumping, such as dumping voucher programs and waste drop-off events, for each subsequent year during the Permit term. (iii) For Permittees whose DDCPs address significant discharges from both unsheltered homeless populations and illegal dumping sites, Permittees shall submit DDCPs in compliance with both Provisions C.10.f.ii.b.(i) and C.10.f.ii.b.(ii). (c) A map of the affected receiving water area and associated watershed; and (d) A description of how effectiveness of controls will be assessed, including documentation of controls, quantification of trash volume controlled, and assessment of resulting improvements to receiving water conditions.
C.10.g. Reporting D
Each Permittee shall provide the following in each Annual Report or otherwise by the date specified:
i. With each Annual Report, a summary of trash control actions within each trash management area, including the types of actions, levels of implementation, areal extent of implementation, and whether the actions are ongoing or new, including initiation date. ii. With their 2024 Annual Report, Permittees shall submit a revised trash generation area map or maps, as described in Provision C.10.a.ii. iii. With each Annual Report, a summary of implementation actions and progress toward meeting the July 1, 2025, requirement for all private lands to implement full trash capture systems, or be managed with trash discharge control actions equivalent to or better than full trash capture systems, as required in Provision C.10.a.ii.(b).
iv. With each Annual Report, certification that each of its full trash capture systems is operated and maintained to meet full trash capture system requirements; a description of any system(s) that did not meet full trash capture system requirements (e.g., due to plugging or overflowing); and any corrective actions taken.
v. With each Annual Report, an accounting of its non-full trash capture system trash control actions assessments by providing a summary description of assessments in each of its trash management areas, including the number and dates of observations. vi. Permittees unable to attain the 90 percent mandatory trash reduction compliance benchmark by June 30, 2023, via full trash capture, or equivalent, shall, by June 30, 2023, submit a notice of noncompliance, pursuant to Provision C.22.c and an updated Trash Load Reduction Plan as described in Provision C.10.d.ii.
vii. With their 2023 Annual Report, Permittees shall submit a report evaluating their trash reduction, relative to 2009 baseline conditions, as of June 30, 2023, without including offsets. Permittees unable to meet the 90 percent mandatory trash reduction compliance benchmark without the trash load reduction offsets described in Provision C.10.f shall submit, with their 2023 Annual Report, an updated Trash Load Reduction Plan as described in Provision C.10.d.ii.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
viii. Permittees unable to attain 100 percent trash load reduction, relative to 2009 baseline conditions, by June 30, 2025, while accounting for credits from new source control (as described in Provision C.10.b.v) shall, by June 30, 2025, submit a notice of noncompliance pursuant to Provision C.22.c, including a plan to come into compliance with the 100 percent trash load reduction requirement. Permittees may be granted additional time until December 31, 2025, and East Contra Costa County Permittees until June 30, 2026, to achieve 100 reduction via full trash capture, or equivalent, contingent on developing and implementing a direct discharge control plan (DDCP) as described in Provision C.10.f.ii. Permittees, except East Contra Costa County Permittees, that are granted additional time until December 31, 2025, to attain 100 percent reduction via full trash capture, or equivalent, shall submit by December 31, 2025, either a report that confirms that they reached 100 percent trash load reduction by December 31, 2025, or a notice of noncompliance pursuant to Provision C.22.c.
ix. By March 31, 2023, Permittees may collectively submit a programmatic report for the approval of the Executive Officer, that describes typical conditions where it may be impracticable to control trash via full trash capture devices, as described in Provision C.10.e. x. With the 2024 Annual Report, Permittees that offset part of their Provision C.10.a trash load percent reduction requirement through additional cleanup of creek and shoreline areas, as described in Provision C.10.f.i, shall submit a summary of the additional cleanup actions implemented, and the benefit to water quality achieved through those actions.
xi. Starting with the 2023 Annual Report, Permittees with approved DDCPs shall provide the following information in each Annual Report for which they use an offset from the implementation of Provision C.10.f.ii towards their trash load percent reduction:
(1) For Permittees whose DDCPs address significant discharges from unsheltered homeless populations, the following information for the current year, and for each prior year of the Permit term: The estimated number of people experiencing unsheltered homelessness in their jurisdiction; the estimated number of people experiencing unsheltered homelessness living within approximately 500 feet of receiving waters; the estimated portion of those populations provided housing as described in Provision C.10.f.ii.b.(i); the estimated portion of those populations served with the services described in Provision C.10.f.ii.b.(i); the number and scope of sanitation controls and services provided to homeless encampments; the number and scope of trash controls and services provided to homeless encampments; and the number and scope of sanitary cleanouts and other services provided to RVs. Each of these reporting elements shall be accompanied by a narrative description. (2) For Permittees whose DDCPs address significant discharges from illegal dumping sites, the following information for the current year, and for each prior year of the Permit term: The total number of active illegal dumping sites; the number of active illegal dumping sites within approximately 500 feet of receiving waters; the number of illegal dumping sites where trash was collected and the amount of material collected; dumping vouchers provided (and who they are provided to); dumping vouchers used; and outreach and education provided to the public regarding illegal dumping and the availability of dumping vouchers. Each of these reporting elements shall be accompanied by a narrative description. (3) For Permittees whose DDCPs address significant discharges from both unsheltered homeless populations and illegal dumping sites, the Permittees shall report on both Provision C.10.g.xi.(1) and C.10.g.xi.(2) in each Annual Report.
C.11. Mercury Controls
The Permittees shall implement the following control program for mercury. This control program consists of load reduction assessment, source control measures, treatment control measures, measures to reduce risk to consumers of Bay fish, and reporting on all these measures according to the provisions below. The provisions implement the urban runoff requirements of the San Francisco Bay and Guadalupe River Watershed mercury TMDLs for those waters identified therein and reduce mercury loads by approximately 10 kg/yr, making substantial progress toward achieving the urban runoff mercury load allocations established for the TMDLs. The San Francisco Bay mercury TMDL implementation plan calls for attainment of the regionwide, urban runoff wasteload allocation of 82 kg/yr by February 2028. This mercury wasteload allocation represents a load reduction from all urban runoff sources to the Bay of approximately 78 kg/yr compared to loads estimated using data collected prior to development of the TMDL. To measure progress, the TMDL implementation plan calls for attainment of an interim loading milestone by February 2018 of 120 kg/yr, halfway between the 2003 estimated load, 160 kg/yr, and the aggregate allocation. This interim loading milestone has been achieved. The Permittees may comply with any requirement of this Provision through a collaborative effort and are encouraged to do so.
B
C.11.a. Assess Mercury Load Reductions from Stormwater B i. Task Description – The Permittees shall implement an assessment methodology and data collection program to quantify, in a technically sound manner, mercury loads reduced through implementation of pollution prevention, source control, and treatment control, green stormwater infrastructure and other measures taken as part of the mercury control program defined by this provision. A technically sound load reduction accounting system is described in the Fact Sheet and is based on information submitted by Permittees in the January 2014 Integrated Monitoring Report and updated through reporting during the last Permit term as part of Reasonable Assurance Analysis reporting submitted by all Programs in September 2020. This accounting system describes calculation methodologies, data requirements, and model parameters used to quantify the load reduction for each type of control measure. The Permittees shall use the assessment methodology to demonstrate the load reductions achieved during this Permit term as well as progress toward achieving the MRP program area mercury TMDL wasteload allocations. The Permittees shall update this assessment methodology as necessary for use in the subsequent permit term.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation Level – The Permittees shall quantify the mercury load reductions achieved through all the pollution prevention, source control, green stormwater infrastructure, and other treatment control measures implemented during this Permit term as described in Provisions C.11.b through C.11.e.
For this Permit term, the Permittees will achieve a regionwide total load reduction of approximately 10 kg mercury/yr if they implement effective mercury control measures consistent with all requirements of Provisions C.11.b through C.11.g. The Permittee-specific portion of the regionwide mercury load reduction estimate shall be based on the proportion of county population in each municipality.
D
iii. Reporting D
(1) In each Annual Report, Permittees shall submit documentation confirming that all control measures effectuated during the previous Permit term for which load reduction credit was recognized continue to be implemented at an intensity sufficient to maintain the credited load reduction. (2) In the 2026 Annual Report, Permittees shall report the total loads reduced using the assessment methodologies described and cited in the Fact Sheet to demonstrate cumulative mercury load reduced from each control measure implemented since the beginning of the Permit term. This report shall also include an estimate of load reductions from control measures taking place after the 2026 Annual Report submittal but before the end of the permit term.
Permittees shall submit all supporting data and information necessary to substantiate the load reduction estimates. (3) In their 2026 Annual Report, the Permittees shall submit, for Executive Officer approval, any refinements, if necessary, to the measurement and estimation methodologies to assess mercury load reductions from control measures in the subsequent Permit. Any refinements to the methodologies shall be subject to public review.
C.11.b. Program for Source Property Identification and Abatement D i. Task Description – Permittees shall investigate, using both conventional sampling and laboratory analysis techniques, land areas that likely contribute mercury to municipal separate storm sewer system (MS4s). These investigations will likely focus on land areas where industrial activities occurred prior to 1980 and continue today (i.e., old industrial land use areas). For those properties or land areas found to be contributing substantial amounts of mercury or where high mercury concentrations are found (generally areas with sediment concentrations greater than 0.5 mg Hg/kg), Permittees shall take action to abate the mercury sources into their MS4s or refer the properties to the Water Board for follow-up measures. Historical monitoring data suggest that mercury concentrations on or near source properties are similar to those found in urban areas in general so identification of source properties for referral may be based on presence of high PCBs concentrations (generally 0.5 mg PCBs/kg) alone. For each source property referred to the Water Board, Permittees shall implement interim enhanced operation and maintenance (enhanced O&M) measures in the street or storm drain infrastructure adjacent to the referred source property or implement a stormwater treatment system downstream of the property. These enhanced O&M measures shall be sufficient to intercept historically deposited contaminated sediment in the vicinity of the source area and prevent further contaminated sediment from being discharged from the source area to the storm drain system. ii. Implementation Level – Permittees shall investigate the following acreage of likely mercury source properties (accomplished through C.12.b investigations) during the permit term.
•Alameda County:2,620 acres
•Contra Costa County:1,700 acres
•San Mateo County:1,411 acres
•Santa Clara County:913 acres
•Solano County:21 acres
If high mercury concentrations associated with a likely source property are detected, Permittees may submit monitoring information to support estimation of the aerial yield to receive mercury load reduction credit, contingent upon implementation of interim enhanced O&M measures in the street or storm drain infrastructure adjacent to the source property or implementation of a stormwater treatment system downstream of the property. iii. Reporting
(1) In each of the 2022 through 2026 Annual Reports, Permittees shall report progress on the acreage of land areas investigated, including progress toward investigation of 100 percent of the old industrial land use indicated above. The reporting shall indicate what action was taken for the parcels investigated (e.g., abatement, referral, enforcement, etc.). Permittees shall submit all supporting data and information including referral reports. (2) Permittees shall report annually on ongoing enhanced O&M activities associated with all past contaminated property referrals. Prior to all new referrals, Permittees shall submit, for staff review and comment, a detailed description of the enhanced O&M plan for the referred properties. (3) In their 2026 Annual Report, Permittees shall report as part of reporting under Provision C.11.a.iii(2) on total acreage of land area investigated, area and description of properties referred, description of enhanced O&M measures, and the estimated total mercury mass load reduced (consistent with the approved accounting procedures) resulting from implementing this control measure.
C.11.c Program for Control Measure Implementation in Old Industrial Areas B SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
i. Task Description – Permittees shall implement or cause to be implemented treatment control measures, stormwater diversion to wastewater treatment facilities, redevelopment (provided GSI is implemented in compliance with C.3.b), or other control measures to achieve mercury load reductions.
Permittees have substantial (totaling over 33,100 acres) areas of old industrial land use draining to an MS4 that have not been redeveloped or treated with green stormwater infrastructure or other treatment controls. •Alameda County:9,374 acres
•Contra Costa County:11,199 acres
•San Mateo County:4,450 acres
•Santa Clara County:6,647 acres
•Solano County:1,426 acres
Implementation of treatment control measures on 2,580 acres (which is nearly 8 percent of the land area shown above) will result in a total estimated load reduction of about 108 g mercury/yr (2,580 acres x 70% efficiency x 60 mg mercury/acre/yr estimated yield from old industrial areas, see Fact Sheet) in the area covered by the Permit. Implementation of control measures with efficiency lower than 70% will result in reduced acreage credit (for those lower efficiency control measures) toward fulfillment of the total acreage requirement shown below. The acres credited will be proportional to the ratio of implemented control measure efficiency relative to the efficiency of treatment controls (see Fact Sheet for more explanation and examples). The old industrial land use acreages to be addressed by control measure implementation by the end of the permit term and the estimated mercury load reductions (for 70% control measure efficiency) are shown below. Permittees may comply with this provision element either through implementation of control measures on the following amounts of old industrial land use, based on implementation of 70% efficient control measures, or through accounting for the mass reduction of mercury shown in parentheses. If control measures are less than 70% efficient, the required acreage shall be calculated as set forth above.
•Alameda County:664 acres (28 grams/yr)
•Contra Costa County:664 acres (28 grams/yr)
•San Mateo County:445 acres (19 grams/yr)
•Santa Clara County:664 acres (28 grams/yr)
•Solano County:142 acres (6 grams/yr)
ii. Implementation Level – Permittees shall, within the permit term, implement or cause to be implemented control measures (treatment controls, diversion to wastewater treatment plants, redevelopment (provided GSI implemented in compliance with Provision C.3.b), enhanced operation and maintenance controls, or other controls) to comply with the performance metrics in Provision C.11.c.i. Use of conditionally-approved sizing criteria cited in section C.3.j(3)(b) for treatment control systems will be considered provided an analysis is performed, acceptable to the Executive Officer, to determine the reduced effectiveness of the facility sized according to these alternative criteria. If a Permittee chooses to comply by demonstrating mercury load reductions, it shall use accounting methods consistent with Provision C.11.a. Implementation of treatment controls and stormwater diversion in mercury-contaminated catchments not designated as old industrial may count toward fulfillment of the required acreage. In choosing locations for treatment controls and diversions, Permittees should focus on public rights-of-way and storm drain infrastructure in catchments containing known or suspected source areas or evidence of moderate to high mercury or PCBs soil concentrations (generally soil/sediment concentrations greater than 0.3 mg mercury/kg or 0.2 mg PCBs/kg). Treatment control systems must be designed and sized consistent with Provision C.3.d – (Numeric Sizing Criteria for Stormwater Treatment Systems). Permittees may choose to implement diversions to wastewater treatment systems to address this requirement. Because of the higher removal efficiency of wastewater treatment facilities, each acre addressed by routing stormwater to wastewater treatment facilities will be credited as 1.3 acres toward satisfying the treatment requirements provided that the diversion facilities are sized and operated consistent with the sizing requirements used for non-diversion treatment facilities. iii. Reporting B
(1) By March 31, 2023, Permittees shall submit plans and schedules for implementing control measures and stormwater diversion to wastewater treatment facilities in old industrial areas to address mercury load reduction requirements included in this provision. This reporting shall include maps of the areas where control measures are to be implemented, the acreage of these catchments, and a description of design and sizing features all control measures, treatment devices and stormwater diversion facilities implemented for each treated catchment. (2) Beginning in 2023, in each Annual Report Permittees shall submit an account of control measure and stormwater diversion implementation consistent with the plan submitted in March 2023 and any modifications thereto. Reporting shall include maps of the areas treated, the acreage of catchments addressed, and a description of all control measures, installed treatment devices and routing facilities for each treated catchment. (3) In their 2026 Annual Report, Permittees shall report as part of reporting under Provision C.11.a.iii(2) on all control measures and stormwater diversion measures implemented during the permit term and provide the total acreage treated and an estimate of the total mercury mass load reduced resulting from this implementation.
C.11.d. Mercury Collection and Recycling Implemented throughout the Region B i. Task Description – Permittees shall promote, facilitate, and/or participate in collection and recycling of mercury containing consumer products, devices, and equipment (e.g., thermometers, thermostats, switches, bulbs). Mercury is found in a wide variety of consumer products (e.g., fluorescent bulbs, thermostats, thermometers) that are subject to recycling requirements. These recycling efforts are already happening throughout the Region, and Provision C.11.d requires promotion, facilitation and/or participation in these region-wide recycling efforts to increase effectiveness and public participation. ii. Implementation Level – Permittees shall promote recycling of mercury-containing products and make efforts to increase effectiveness of these recycling efforts throughout the region. Recycling of mercury-containing bulbs and thermostats alone results in a regionwide load reduction of approximately 10 kg mercury per year57.
iii. Reporting
(1) In each of the 2023 through 2026 Annual Reports, Permittees shall report on efforts to promote recycling of mercury-containing products and efforts to increase effectiveness of these recycling efforts. Permittees shall also report on the mass of mercury-containing material collected throughout the region along with an estimate of the mass of mercury contained in recycled material using the methodology contained in load reduction accounting system described and cited in the Fact Sheet.
C.11.e. Plan and Implement Green Stormwater Infrastructure to Reduce Mercury Loads D B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
i. Task Description – Permittees shall implement green stormwater infrastructure (GSI) projects during the term of the Permit consistent with implementing requirements in Provision C.3.j. Implementation of green stormwater infrastructure will result in a total estimated load reductions of 108 g mercury/yr (see Fact Sheet for basis of estimate).
ii. Implementation Level – The level of implementation is determined by the requirements of Provision C.3.j. iii. Reporting
(1) In their 2026 Annual Report, Permittees shall report as part of Provision C.11.a.iii(2)) on all green stormwater projects (e.g., parcel-based, street ROW, and regional projects) implemented during the permit term and provide the total acreage treated and an estimate of the total mercury mass load reduced resulting from this implementation. This reporting shall include summary descriptions of the implemented projects including GSI type, location, and area. C.11.f. Prepare Implementation Plan and Schedule to Achieve TMDL Wasteload Allocations B i. Task Description – In 2020, Permittees submitted a Reasonable Assurance Analysis and plan (RAA) demonstrating that sufficient control measures will be implemented to attain the mercury TMDL wasteload allocations by 2028. Permittees shall evaluate the effectiveness of all mercury control measures and update the RAA as necessary. Updates can be focused on those control measures for which new information is available and for control measures not evaluated in previous efforts. Permittees shall also prepare detailed implementation plans for all control measures to be implemented in and inform permit requirements for the subsequent permit term.
ii. Implementation level – Permittees shall update, as necessary, their mercury control measures implementation plan and corresponding reasonable assurance analysis from the previous permit term (2015-2020, MRP 2). The update may be focused on control measures for which new information is available or for those control measures not previously evaluated. The long-term plan must:
(1) Identify all technically and economically feasible mercury control measures to be implemented (including GSI projects); and (2) Include a schedule according to which these technically and economically feasible control measures will be fully implemented; and (3) Provide an evaluation and quantification of the mercury load reduction of such measures as well as an evaluation of costs, control measure efficiency and significant environmental impacts resulting from their implementation. Additionally, Permittees shall identify all specific control measures to be implemented, the intensity of control measure implementation, and the estimated load reduction benefit from control measures implemented during the subsequent permit term. This implementation plan must include:
(4) Identification of all control measures implemented during the current permit term and any additional control measures to be implemented in the subsequent permit term;
(5) A description of the intensity or extent of control measure implementation (e.g., acres treated, acres investigated for source areas, types of roadway projects for which protocols applied, etc.);
(6) Identification of accountability metrics to track during the subsequent permit corresponding to the proposed implementation intensity; and (7) Estimates for load reductions to be achieved through implementation of control measures during subsequent permit term at the proposed intensity. iii. Reporting– Permittees shall submit the updated plan and schedule no later than March 31, 2026.
C.11.g. Fate and Transport Study of Mercury: Urban Runoff Impact on San Francisco Bay Margins B i. Task Description – The Permittees shall conduct or cause to be conducted studies concerning the fate, transport, and biological uptake of mercury discharged from urban runoff to San Francisco Bay margin areas. The studies should focus on near-shore areas contaminated with mercury from historical activity and the expected trajectory of recovery as sources from local watersheds are reduced. ii. Implementation Level – The specific information needs include understanding the in-Bay transport of mercury discharged in urban runoff, the sediment and food web mercury concentrations in margin areas receiving urban runoff, the influence of urban runoff on the patterns of food web mercury accumulation, especially in Bay margins, and the identification of drainages where urban runoff mercury are particularly important in food web accumulation. iii. Reporting – The Permittees shall submit in their 2023 Annual Report a workplan describing the specific manner in which these information needs will be accomplished and describing the studies to be performed with a preliminary schedule. The Permittees shall report on status of the studies in their 2023 Annual Report. The Permittees shall report in the March 15, 2026, Integrated Monitoring Report the findings and results of the studies completed, planned, or in progress as well as implications of studies on potential control measures to be investigated, piloted, or implemented in future permit cycles. C.11.h. Implement a Risk Reduction Program B
i. Task Description – The Permittees shall conduct an ongoing risk reduction program to address public health impacts of mercury in San Francisco Bay/Delta fish. The fish risk reduction program shall take actions to reduce actual and potential health risks in those people and communities most likely to consume San Francisco Bay-caught fish, such as subsistence anglers and their families. The risk reduction framework developed in the previous permit term, which funded community-based organizations to develop and deliver appropriate communications to appropriately targeted individuals and communities, is an appropriate approach. Permittees should work with local health departments, the Bay Area Clean Water Agencies, and the Western States Petroleum Association to leverage resources for this program and to appropriately target at-risk populations.
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation Level – At a minimum, Permittees shall conduct or cause to be conducted an ongoing risk reduction program with the potential to reach 3,000 individuals annually who are likely consumers of San Francisco Bay-caught fish. Permittees are encouraged to collaborate with San Francisco Bay industrial and wastewater discharger agencies in meeting this requirement. In year four of the Permit term, Permittees shall evaluate the effectiveness of their risk reduction program.
iii. Reporting – The Permittees shall report on the status of the risk reduction program in each of their Annual Reports, including a brief description of actions taken, an estimate of the number of people reached, and why these people are deemed likely to consume Bay fish. The Permittees shall report the findings of the effectiveness evaluation of their risk reduction program in their 2026 Annual Report.
C.12. Polychlorinated Biphenyls (PCBs) Controls
The The Permittees shall implement the following control program for PCBs. This control program consists of load reduction assessment, source control measures, treatment control measures, measures to reduce risk to consumers of Bay fish, and reporting on all these measures according to the provisions below. The provisions implement the urban runoff requirements of the PCBs TMDL for those waters identified therein. By implementing the PCBs control measure program requirements, Permittees will make substantial progress (an estimated 1.47 kg/yr of additional load reduction) toward achieving the urban runoff PCBs wasteload allocation from the TMDL. Of the 2 kg/yr overall load allocation for urban runoff sources for the entire region,
1.47 kg/yr has been allocated to Permittees, and loads must be reduced to this level by March 2030. This PCBs wasteload allocation represents a load reduction from all urban runoff sources to the Bay of approximately 18 kg/yr (14.4 kg/yr from Permittees) compared to loads estimated using data collected in 2003. The Permittees may comply with any requirement of this Provision through a collaborative effort and are encouraged to do so.
B
C.12.a. Assess PCBs Load Reductions from Stormwater
i. Task Description – The Permittees shall implement an assessment methodology and data collection program to quantify, in a technically sound manner, PCBs loads reduced through implementation of pollution prevention, source control, and treatment control, green stormwater infrastructure and other measures taken as part of the PCBs control program defined by this provision. A technically sound load reduction accounting system is described in the Fact Sheet and is based on information submitted by Permittees in the January 2014 Integrated Monitoring Report and updated through reporting during the last Permit term as part of Reasonable Assurance Analysis reporting submitted by all Programs in September 2020. This accounting system describes calculation methodologies, data requirements, and model parameters used to quantify the load reduction for each type of control measure. The Permittees shall use the assessment methodology to demonstrate the load reductions achieved during this Permit term as well as progress toward achieving the MRP program area PCBs TMDL wasteload allocations. The Permittees shall update this assessment methodology as necessary for use in the subsequent permit term.
B
ii. Implementation Level – The Permittees shall quantify the PCBs load reductions achieved through all the pollution prevention, source control, green stormwater infrastructure, and other treatment control measures implemented during this Permit term as described in Provisions C.12.b through C.12.g.
For this Permit term, the Permittees will achieve an estimated regionwide total load reduction of 1.47 kg/yr PCBs if they implement effective PCBs control measures consistent with all requirements of Provisions C.12.b through C.12.g. The Permittee-specific portion of the regionwide PCBs load reduction estimate shall be based on the proportion of county population in each municipality. iii. Reporting
(1) In each Annual Report, Permittees shall submit documentation confirming that all control measures effectuated during the previous Permit term for which load reduction credit was recognized continue to be implemented at an intensity sufficient to maintain the credited load reduction. (2) In the 2026 Annual Report, Permittees shall report the total loads reduced using the assessment methodologies described and cited in the Fact Sheet to demonstrate cumulative PCBs load reduced from each control measure implemented since the beginning of the Permit term. This report shall also include an estimate of load reductions from control measures taking place after the 2026 Annual Report submittal but before the end of the permit term.
Permittees shall submit all supporting data and information necessary to substantiate the load reduction estimates. (3) In their 2026 Annual Report, the Permittees shall submit, for Executive Officer approval, any refinements, if necessary, to the measurement and estimation methodologies to assess PCBs load reductions from control measures in the subsequent Permit. Any refinements to the methodologies shall be subject to public review.
C.12.b. Program for Source Property Identification and Abatement B i. Task Description – Permittees shall investigate, using both conventional sampling and laboratory analysis techniques, land areas that likely contribute PCBs to MS4s. These investigations will likely focus on land areas where industrial activities occurred prior to 1980 and continue today (i.e., old industrial land use areas). For those properties or land areas found to be contributing substantial amounts of PCBs or where high PCBs concentrations are found (generally areas with sediment concentrations greater than 0.5 mg PCBs/kg), Permittees shall take actions to abate the PCB sources into their MS4s or refer the properties to the Water Board for follow-up measures. For each source property referred to the Water Board, Permittees should implement interim enhanced operation and maintenance (enhanced O&M) measures in the street or storm drain infrastructure adjacent to the referred source property or implement a stormwater treatment system downstream of the property. These enhanced O&M measures shall be sufficient to intercept historically deposited contaminated sediment in the vicinity of the source area and prevent further contaminated sediment from being discharged from the source area to the storm drain system.
B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation Level – Permittees shall investigate the following acreage of likely PCBs source properties during the permit term. •Alameda County:2,620 acres
•Contra Costa County:1,700 acres
•San Mateo County:1,411 acres
•Santa Clara County:913 acres
•Solano County:21 acres
Based on data collected through investigating land areas for the presence of source properties during the previous permit terms, this level of implementation will result in PCBs load reductions of approximately 740 g PCBs/yr, 50 percent of which would be credited during this permit term contingent upon implementation of interim enhanced operation and maintenance (enhanced O&M) measures in the street or storm drain infrastructure adjacent to the referred source property or implementation of a stormwater treatment system downstream of the property iii. Reporting
(1) In each of the 2022 through 2026 Annual Reports, Permittees shall report progress on the acreage of land areas investigated, including progress toward investigation of 100 percent of the old industrial land use indicated above. The reporting shall indicate what action was taken for the parcels investigated (e.g., abatement, referral, enforcement, etc.). Permittees shall submit all supporting data and information including referral reports. (2) Permittees shall report annually on ongoing enhanced O&M activities associated with all past contaminated property referrals. Prior to all new referrals, Permittees shall submit, for staff review and comment, a detailed description of the enhanced O&M plan for the referred properties. (3) In their 2026 Annual Report, Permittees shall report as part of reporting under Provision C.12.a.iii(2) on total acreage of land area investigated, area and description of properties referred, description of enhanced O&M measures, and the estimated total PCBs mass load reduced (consistent with the approved accounting procedures) resulting from implementing this control measure.
C.12.c. Programs for Control Measure Implementation in Old Industrial B i. Task Description – Permittees shall implement or cause to be implemented treatment control measures, stormwater diversion to wastewater treatment facilities, redevelopment (provided GSI is implemented in compliance with Provision C.3.b), or other control measures to achieve PCBs load reductions.
Permittees have substantial (totaling over 33,100 acres) areas of old industrial land use draining to an MS4 that have not been redeveloped or treated with green stormwater infrastructure or other treatment controls. •Alameda County:9,374 acres
•Contra Costa County:11,199 acres
•San Mateo County:4,450 acres
•Santa Clara County:6,647 acres
•Solano County:1,426 acres
Implementation of treatment control measures on 2,580 acres (which is about 8 percent of the land area shown above) will result in a total estimated load reduction of about 467 g PCBs/yr (2,580 acres x 10% of area x 70% efficiency x 259 mg PCBs/acre/yr estimated yield from old industrial areas, see Fact Sheet) in the area covered by the Permit. Implementation of control measures with efficiency lower than 70 percent will result in reduced acreage credited (for those lower efficiency control measures) toward fulfillment of the total acreage requirement shown below. The acres credited will be proportional to the ratio of implemented control measure efficiency relative to the efficiency of treatment controls (see Fact Sheet for more explanation and examples). The old industrial land use acreages to be addressed by control measure implementation by the end of the permit term and the estimated PCBs load reductions (for 70 percent control measure efficiency) are shown below. Permittees may comply with this provision element either through implementation of control measures on the following amounts of old industrial land use, based on implementation of 70 percent efficient control measures, or through accounting for the mass reduction of PCBs shown in parentheses. If control measures are less than 70 percent efficient, the required acreage shall be calculated as set forth above. •Alameda County:664 acres (121 grams/yr)
•Contra Costa County:664 acres (121 grams/yr)
•San Mateo County:445 acres (81 grams/yr)
•Santa Clara County:664 acres (121 grams/yr)
•Solano County:142 acres (26 grams/yr)
ii. Implementation Level – Permittees shall, within the permit term, implement or cause to be implemented control measures (treatment controls, diversion to wastewater treatment plants, redevelopment (provided GSI implemented in compliance with Provision C.3.b), enhanced operation and maintenance controls, or other controls) to comply with the performance metrics in Provision C.12.c.i. If a Permittee chooses to comply by demonstrating PCBs load reductions, it shall use accounting methods consistent with Provision C.12.a. Implementation of treatment controls and stormwater diversion in PCBs-contaminated catchments not designated as old industrial may count toward fulfillment of the required acreage. In choosing locations for treatment controls and diversions, Permittees should focus on public rights-of-way and storm drain infrastructure in catchments containing known or suspected source areas or evidence of moderate to high PCBs soil concentrations (generally soil/sediment concentrations greater than 0.3 mg mercury/kg or 0.2 mg PCBs/kg). Treatment control systems must be designed and sized consistent with Provision C.3.d (Numeric Sizing Criteria for Stormwater Treatment Systems). Use of conditionally-approved sizing criteria cited in section C.3.j(3)(b) for treatment control systems will be considered provided an analysis is performed, acceptable to the Executive Officer, to determine the reduced effectiveness of the facility sized according to these alternative criteria. Permittees may choose to implement diversions to wastewater treatment systems to address this requirement. Because of the higher removal efficiency of wastewater treatment facilities, each acre addressed by routing stormwater to wastewater treatment facilities will be credited as 1.3 acres toward satisfying the treatment requirements provided that the diversion facilities are sized and operated consistent with the sizing requirements used for non-diversion treatment facilities.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
iii. Reporting
(1) By March 31, 2023, Permittees shall submit plans and schedules for implementing control measures and stormwater diversion to wastewater treatment facilities in old industrial areas to address PCBs load reduction requirements included in this provision. This reporting shall include maps of the areas where control measures are to be implemented, the acreage of these catchments, and a description of design and sizing features all control measures, treatment devices and stormwater diversion facilities implemented for each treated catchment. (2) Beginning in 2023, in each Annual Report Permittees shall submit an account of control measure and stormwater diversion implementation consistent with the plan submitted in March 2023 and any modifications thereto. Reporting shall include maps of the areas treated, the acreage of catchments addressed, and a description of all control measures, installed treatment devices and routing facilities for each treated catchment. (3) In their 2026 Annual Report, Permittees shall report as part of reporting under Provision C.12.a.iii(2) on all control measures and stormwater diversion measures implemented during the permit term and provide the total acreage treated and an estimate of the total PCBs mass load reduced resulting from this implementation.
C.12.d. Program for Controlling PCBs from Bridges and Overpasses C i. Task Description – Permittees shall implement a Caltrans specification (to be developed through proposed requirement in Caltrans stormwater permit, see Fact Sheet for details) to manage, as part of bridge and overpass roadway replacement or major repair, potential PCBs-containing material in bridge roadway expansion joints. Implementation of this specification will result in a total estimated load reductions of 300 g PCBs/yr (see Fact Sheet for calculation details in the program area). Countywide programs and their member municipalities will be credited with a portion of this total load reduction in proportion to their share of population. Load reduction credit for this program will begin upon submittal of documentation demonstrating full implementation of the Caltrans specification for applicable roadway structures. ii. Implementation Level – Permittees shall track the development of the Caltrans specification and develop an inventory of bridges in their jurisdictions that includes bridge ownership and a replacement/repair schedule. Finally, Permittees shall, by December 31, 2022, or six months after availability of the specification, implement or cause to be implemented the Caltrans specification during applicable replacement activities that are under the direction of the Permittee.
iii. Reporting
(1) In their 2022 Annual Report or the Annual Report immediately following availability of the specification, Permittees shall include a description of the Caltrans specification for managing PCBs-containing materials in bridge or roadway expansion joints during roadway replacement or repair.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(2) In their 2023 Annual Report, Permittees shall submit an inventory of bridges in the program area that includes bridge ownership and the bridge roadway replacement schedule.
(3) In their 2022 through 2026 Annual Reports, Permittees shall submit documentation confirming the use of the Caltrans specification (once it is available) during all instances of bridge roadway replacement or repair in their jurisdiction during that reporting year and provide an estimate of the volume of material managed and total PCBs mass load reduced resulting from implementation of the specification. (4) In their 2026 Annual Report, Permittees shall report as part of reporting under Provision C.12.a.iii.(2) an estimate of the total PCBs mass load reduced, consistent with approved accounting procedures, resulting from implementing this control measure.
C.12.e. Program for Controlling PCBs from Electrical Utilities C i. Task Description – Permittees shall (1) develop and implement a program to manage PCBs in oil-filled electrical equipment (OFEE) for municipally-owned electrical utilities in the MRP program area and (2) collaborate with the Water Board to determine PCBs loadings in OFEE from non-municipally owned electrical utilities.
ii. Implementation Level – Permittees shall do the following:
(1) Develop or improve standard operating procedures to respond to, clean up, and report spills and releases from municipally owned OFEE and fully implement these procedures.
(2) Develop and implement a plan to maintain and upgrade municipally owned OFEE. (3) Document the PCBs loads avoided through existing and ongoing OFEE removal and replacement programs. (4) Collaborate with the Water Board to request information from non-municipally owned electrical utilities. Permittees shall utilize the information to (a) determine the locations of PCBs-containing OFEE, (b) improve estimates of the total baseline mass of PCBs in OFEE in the MRP permit area, (c) evaluate the actions the non-municipally owned electrical utilities are taking to reduce or prevent the release of PCBs from their equipment and to respond to potential releases of PCBs from their equipment; and (d) identify opportunities to improve the response and cleanup protocols. iii. Reporting
(1) Permittees shall submit in their 2023 Annual Report the estimated PCBs loads avoided (along with supporting documentation) resulting from the removal of municipally-owned PCBs-containing OFEE through maintenance programs and system upgrades for the period 2002 to the beginning of this permit term (2023).
(2) Permittees shall submit in their 2023 Annual Report a description of the improved spill response and reporting practices implemented by municipally owned electrical utilities
(3) Permittees shall submit in their 2024 Annual Report a summary of their plans to maintain and upgrade OFEE for municipally owned electrical utilities. iii.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(4) Permittes shall submit in every Annual Report, beginning with the 2023 report, a summary of the actions undertaken during that reporting year that remove municipally owned PCBs-containing OFEE along with the loads avoided and the details of the calculations and assumptions used to estimate the load reduced.
(5) Permittees shall submit in their 2026 Annual Report, as part of reporting under Provision C.12.a.iii(2), the estimated PCBs loads reduced during the permit term associated with municipally owned OFEE removal resulting from maintenance programs and system upgrades. iii.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(6) Within 12-months of the Water Board transmitting to the Permittees information from the non-municipally owned electrical utilities, Permittees shall submit a report discussing the following, to the extent possible given any data limitations: (a) locations of the PCBs-containing OFEE still in service, (b) previous locations of PCBs-containing OFEE, and (c) opportunities to improve non-municipally owned electrical utilities’ standard operating procedures for spill response, reporting, cleanup, and sampling and analysis.
C.12.f. Plan and Implement Green Stormwater Infrastructure to reduce PCBs loads C i. Task Description – Permittees shall implement green stormwater infrastructure (GSI) projects during the term of the Permit consistent with implementing requirements in Provision C.3.j. Implementation of green stormwater infrastructure will result in a total estimated load reductions of 200 g PCBs/yr (see Fact Sheet for basis of estimate).
ii. Implementation Level – The level of implementation is determined by the requirements of Provision C.3.j. iii. Reporting
(1) In their 2026 Annual Report, Permittees shall report as part of Provision C.12.a.iii(2)) on all green stormwater projects (e.g., parcel-based, street rightof-way, and regional projects) implemented during the permit term and provide the total acreage treated and an estimate of the total PCBs mass load reduced resulting from this implementation. This reporting shall include summary descriptions of the implemented projects including GSI type, location, and area.
C.12.g. Manage PCB-Containing Materials and Wastes During Building Demolition Activities B i. Task Description – Prior to issuing a demolition permit, Permittees shall implement the protocol developed during the previous permit term (see Fact Sheet for protocol description) for managing PCB-containing materials and wastes during building demolition so that PCBs do not enter MS4s. Permittees shall also ensure construction sites are inspected during demolition and obtain verification that materials from demolished buildings are appropriately disposed. Provision C.12.g. applies to applicable structures containing building materials with PCBs concentrations of 50 ppm or greater at the time such structures undergo demolition. PCBs from these structures can enter storm drains during and/or after demolition through vehicle track-out, airborne releases, soil erosion, or stormwater runoff. Applicable structures include, at a minimum, commercial, public, institutional, and industrial structures constructed or remodeled between the years 1950 and 1980. Single-family residential and wood frame structures are exempt. Structures that are constructed or remodeled between the years 1950 and 1980 and require emergency demolition to protect public health and/or safety are exempt from implementing the protocol, but they must be reported in accordance to Provision C.12.g.iii.(3)(d). The Town of Clayton is exempt from the requirements of Provision C.12.g. because it has demonstrated it has no applicable structures. Other Permittees may be exempted from the requirements in Provision C.12.g. if they provide evidence acceptable to the Executive Officer in their 2023 Annual Report that the only structures that existed pre-1980 within its jurisdiction were single-family residential and/or wood-frame structures. Implementation of this protocol will result in a total estimated load reduction of 2 kg PCBs/yr (see Fact Sheet for calculation details) in the program area. This constitutes an ongoing rather than a new load reduction. ii. Implementation Level
(1) Permittees shall implement their established protocol prior to issuing a demolition permit.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(2) For demolition of applicable structures containing building materials with PCBs concentrations of 50 ppm or greater approved beginning July 1, 2023, Permittees shall require demolition contractors to provide notification to the Permittees, the Water Board, and U.S. EPA at least one week before any demolition is to occur.
(3) Beginning the 2023 rainy season, Permittees shall inspect demolition sites with applicable structures containing building materials with PCBs concentrations of 50 ppm or greater pursuant to Provision C.6 to ensure that effective construction pollutant controls are used to prevent discharge into the (4) Permittees MS4. shall enhance their construction site control program to minimize migration of PCBs into the MS4 from applicable structures containing building materials with PCBs concentrations of 50 ppm or greater during demolition activities. Enhancements may include inspecting demolition sites monthly during demolition activities in the dry season (May – September) and requiring the demolition contractors to sweep the project sites and the streets around the property with street sweepers that will effectively remove sediment and dust. Implementation of enhancements shall begin no later than July 1, 2023.
(5) For demolition of applicable structures containing building materials with PCBs concentrations of 50 ppm or greater approved after July 1, 2023, Permittees shall verify that PCBs in demolished buildings are properly managed to minimize transport to the MS4 by obtaining official documentation that the building materials with PCBs concentrations of 50 ppm or greater in these demolished applicable structures were disposed appropriately according (6) Permittees to state mayandelectfederal to update regulations. for use in the subsequent permit term the assessment methodology and data collection program to quantify PCBs loads reduced through implementation of the protocol for controlling PCBs during demolition of applicable structures. iii. Reporting
(1) Each Permittee seeking exemption from Provision C.12.g requirements based on lack of applicable structures must submit in its 2023 Annual Report documentation, such as historic maps or other historic records, that clearly demonstrates that the only structures that existed pre-1980 were singlefamily residential and/or wood-frame structures. (2) In their 2023 Annual Report, Permittees shall discuss enhancements to their construction site control program to minimize migration of PCBs from demolition activities into the MS4.
ii.
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(3) Beginning with their 2023 Annual Report, the Permittees shall provide each of the following items:
(a) The number of applicable structures that applied for a demolition permit during the reporting year; (b) A running list of the applicable structures that applied for a demolition permit since July 1, 2019, the number of samples each structure collected, and the concentration of PCBs in each sample.
(c) For each applicable structure, with PCBs concentrations of 50 mg/kg or greater, include the following: the project address, the demolition date, and a brief description of the PCBs-containing materials.
(d) For each structure that was constructed or remodeled between the years 1950 and 1980 and requires emergency demolition to protect public health and/or safety, provide the following: address, date building was constructed, and date of demolition. (4) Beginning with their 2024 Annual Report, Permittees shall provide the following: whether the site was inspected during demolition, and for those cases where notification and advance approval from the U.S. EPA is not required and were approved for demolition after June 30, 2023, the hazardous waste manifest prepared for transportation of the material to a disposal facility. (5) In their 2026 Annual Report, Permittees shall submit an evaluation of the effectiveness of the protocol for controlling PCBs during building demolition as well as supporting data. This should be conducted and reported at the regional level on behalf of all Permittees and shall be considered the Report of Waste Discharge for Provision C.12.g for the next permit reissuance. (6) In their 2026 Annual Report, Permittees may submit for use in the subsequent permit term an updated assessment methodology and data collection program to quantify PCBs loads reduced through implementation of the protocol for controlling PCBs-containing materials and wastes during demolition of applicable structures.
C.12.h. Prepare Implementation Plan and Schedule to Achieve TMDL Wasteload Allocations B i. Task Description – In 2020, Permittees submitted a Reasonable Assurance Analysis and plan (RAA) demonstrating that sufficient control measures will be implemented to attain the PCBs TMDL wasteload allocations by 2030. Permittees shall evaluate the effectiveness of all PCBs control measures and update the RAA as necessary. Updates can be focused on those control measures for which new information is available and for control measures not evaluated in previous efforts. Permittees shall also prepare detailed implementation plans for all control measures to be implemented in and inform permit requirements for the subsequent permit term. ii. Implementtion level – Permittees shall update, as necessary, their PCBs control measures implementation plan and RAA. The update may be focused on control measures for which new information is available or for those control measures not previously evaluated. The long-term plan must:
(1) Identify all technically and economically feasible PCBs control measures to be implemented (including GSI projects); and (2) Include a schedule according to which these technically and economically feasible control measures will be fully implemented; and (3) Provide an evaluation and quantification of the PCBs load reduction of such measures as well as an evaluation of costs, control measure efficiency and significant environmental impacts resulting from their implementation. Additionally, Permittees shall identify all specific control measures to be implemented, the intensity of control measure implementation, and the estimated load reduction benefit from control measures implemented during the subsequent permit term. This implementation plan must include:
(a) Identification of all control measures implemented during the current permit term and any additional control measures to be implemented in the subsequent permit term;
(b) A description of the intensity or extent of control measure implementation (e.g., acres treated, acres investigated for source areas, types of roadway projects for which protocols applied);
(c) Identification of accountability metrics to track during the subsequent permit corresponding to the proposed implementation intensity; and (d) Estimates for load reductions to be achieved through implementation of control measures during subsequent permit term at the proposed intensity.
iii. Reporting– Permittees shall submit the updated plan and schedule no later than March 31, 2026.
C.12.i. Fate and Transport Study of PCBs: Urban Runoff Impact on San Francisco Bay Margins B i. Task Description – The Permittees shall conduct or cause to be conducted studies concerning the fate, transport, and biological uptake of PCBs discharged from urban runoff to San Francisco Bay margin areas. The studies should focus on near-shore areas contaminated with PCBs from historical activity and the expected trajectory of recovery as sources from local watersheds are reduced. ii. Implementation Level – The specific information needs include understanding the in-Bay transport of PCBs discharged in urban runoff, the sediment and food web PCBs concentrations in margin areas receiving urban runoff, the influence of urban runoff on the patterns of food web PCBs accumulation, especially in Bay margins, and the identification of drainages where urban runoff PCBs are particularly important in food web accumulation. iii. Reporting – The Permittees shall submit in their 2023 Annual Report a workplan describing the specific manner in which these information needs will be accomplished and describing the studies to be performed with a preliminary schedule. The Permittees shall report on status of the studies in their 2023 Annual Report. The Permittees shall report in the March 15, 2026, Integrated Monitoring Report the findings and results of the studies completed, planned, or in progress as well as implications of studies on potential control measures to be investigated, piloted, or implemented in future permit cycles.
C.12.j. Implement a Risk Reduction Program B
iii.
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i. Task Description – The Permittees shall conduct an ongoing risk reduction program to address public health impacts of PCBs in San Francisco Bay/Delta fish. The fish risk reduction program shall take actions to reduce actual and potential health risks in those people and communities most likely to consume San Francisco Bay-caught fish, such as subsistence anglers and their families. The risk reduction framework developed in the Previous Permit term, which funded community-based organizations to develop and deliver appropriate communications to appropriately targeted individuals and communities, is an appropriate approach. Permittees should work with local health departments, the Bay Area Clean Water Agencies, and the Western States Petroleum Association to leverage resources for this program and to appropriately target at-risk populations.
B
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ii. Implementation Level – At a minimum, Permittees shall conduct or cause to be conducted an ongoing risk reduction program with the potential to reach 3,000 individuals annually who are likely consumers of San Francisco Bay-caught fish. Permittees are encouraged to collaborate with San Francisco Bay industrial and wastewater discharger agencies in meeting this requirement. In year four of the Permit term, Permittees shall evaluate the effectiveness of their risk reduction program.
iii. Reporting – The Permittees shall report on the status of the risk reduction program in each of their Annual Reports, including a brief description of actions taken, an estimate of the number of people reached, and why these people are deemed likely to consume Bay fish. The Permittees shall report the findings of the effectiveness evaluation of their risk reduction program in their 2026 Annual Report.
C.13. Copper
The The Permittees shall implement the following control program for copper. The Permittees shall implement the control measures and accomplish the reporting on those control measures according to the provisions below. The purpose of these provisions is to implement the control measures identified in the Basin Plan amendment necessary to support the copper site-specific objectives in San Francisco Bay. The Permittees may comply with any requirement of Provision C.13 through a collaborative effort.
B
C.13.a. Manage Waste Generated from Cleaning and Treating of Copper Architectural Features, Including Copper Roofs, during Construction and PostConstruction. i. Task Description – The Permittees shall prohibit the discharge of wastewater to storm drains generated from installing, cleaning, treating, or washing copper architectural features, including copper roofs.
ii. Implementation Level
(1) The Permittees shall require, when issuing building permits, use of appropriate BMPs for managing copper-containing waste during and postconstruction. (2) The Permittees shall educate installers and operators on appropriate BMPs for managing copper-containing wastes. (3) The Permittees shall enforce against noncompliance. iii. Reporting
(1) In the 2022 Annual Report, those Permittees that have not previously done so shall certify that legal authority currently exists to prohibit the discharge of wastewater to storm drains generated from the installation, cleaning, treating, and washing of copper architectural features, including copper roofs. (2) In the 2022 Annual Report, the Permittees shall report how copper architectural features are addressed through the issuance of building permits. (3) The Permittees shall report annually permitting and enforcement activities.
C.13.b. Manage Discharges from Pools, Spas, and Fountains that Contain Copper-Based Chemicals C i. Task Description – Permittees shall prohibit discharges to storm drains from pools, spas, and fountains that contain copper-based chemicals. ii. Implementation Level – The Permittees shall either: 1) require installation of a sanitary sewer discharge connection for pools, spas, and fountains, including connection for filter backwash, with a proper permit from the POTWs; or 2) require diversion of discharge for use in landscaping or irrigation. iii. Reporting (1) In the 2022 Annual Report, the Permittees that have not previously done so shall certify that legal authority currently exists to prohibit the discharges to storm drains of water containing copper-based chemicals from pools, spas, and fountains. (2) In the 2022 Annual Report, the Permittees shall report how copper-containing discharges from pools, spas, and fountains are addressed to accomplish the prohibition of the discharge.
(3) The Permittees shall report annually on any enforcement activities.
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C.13.c. Industrial Sources D
i. Task Description – The Permittees shall ensure industrial facilities do not discharge elevated levels of copper to storm drains by ensuring, through industrial facility inspections, that proper BMPs are in place. ii. Implementation Level
(1) As part of industrial site controls required by Provision C.4, the Permittees shall identify facilities likely to use copper or have sources of copper (e.g., plating facilities, metal finishers, auto dismantlers) and include them in their inspection program plans. (2) The Permittees shall educate industrial inspectors on industrial facilities likely to use copper or have sources of copper and proper BMPs for them. (3) As part of the industrial inspection, inspectors shall ensure that proper BMPs are in place at such facilities to minimize discharge of copper to storm drains, including consideration of roof runoff that might accumulate copper deposits from ventilation systems on site. iii. Reporting
The Permittees shall highlight copper reduction results in the industrial inspection component in the Provision C.13 portion of each Annual Report.
C.15. Exempted and Conditionally Exempted Discharges
C.15.b. Conditionally Exempted Non-Stormwater Discharges: C iii. Discharge Type – Emergency Discharges of Firefighting Water and Foam (1) Emergency Discharges – Discharges resulting from emergency firefighting activities. (2) Regional Coordination
(a) Permittees shall collectively convene a regionwide Firefighting Discharges Working Group (Working Group) together with Water Board staff – and other stakeholders identified in Provision C.15.b.iii.(2)(vi), below – to identify and evaluate opportunities to reduce the impacts of emergency discharges to the MS4 associated with firefighting activity. The Permittees shall collectively (e.g., through the Working Group):
(i) Prior to the submittal of the Firefighting Discharges Report, convene the Working Group at least twice per year. Thereafter, convene the Working Group at least annually.
(ii) Assess the adequacy of existing BMPs and standard operating procedures (SOPs) to address the potential adverse water quality impacts of firefighting water and foam discharged during emergencies (e.g., containment and cleanup), including coordination within and between municipal departments, districts and jurisdictions, coordination between firefighting personnel and containment and cleanup crews, coordination with contracted staff, and coordination with relevant agencies (e.g., CalFire), as appropriate. If the existing BMPs and SOPs need updates or are otherwise inadequate, suggest changes to those BMPs and SOPs so that they are updated and adequate. If new BMPs and SOPs are needed, recommend model BMPs and SOPs. (iii) Assess the adequacy of existing resources (e.g., MS4 maps and maps that identify environmentally sensitive areas) used to determine if and how firefighting water and foam discharged during emergencies will impact receiving waters, in order to address pollutant discharges (e.g., by facilitating containment and cleanup). (iv) Investigate which firefighting foams are the least environmentally harmful (i.e., have the least adverse water quality and beneficial use effects, including those related to biodegradation, biomagnification, bioaccumulation, and acute and chronic toxicity), both for Class A foams and Class B foams.
Then, develop SOPs to use the least environmentally harmful firefighting foams (and dispose of the more environmentally harmful foams) and to reduce the use of firefighting foams, without jeopardizing the protection of life or property, during emergencies. (v) Prepare outreach materials on containment and cleanup BMPs and SOPs for contractors that are hired by private parties to participate in the containment and cleanup of discharges of firefighting water and foam associated with firefighting activities within their jurisdictions. Additionally, prepare outreach materials – regarding good housekeeping practices and preventive measures – for sites that are prone to firefighting emergencies.
Distribute those outreach materials to all such contractors and sites by September 30, 2025.
Subsequently, if it is identified that the outreach materials need to be revised or updated, they shall be revised or updated, and then redistributed. (vi) Pursue coordination, information sharing, feedback and Working Group participation, from relevant agencies and organizations such as the California Department of Forestry and Fire Protection (Cal Fire), the California Department of Toxic Substances Control (DTSC), the U.S. Forest Service (USFS), the State and Regional Water Boards, permittees of other NPDES municipal stormwater permits, other state and federal agencies, and external workgroups (such as Petro-Chemical Mutual Aid), regarding interagency coordination and communication, BMPs, SOPs, and the least environmentally harmful firefighting foams.
(vii) Discuss reporting on emergency discharges of firefighting water and foam. The purpose of this reporting is first to provide transparency about the usage and water quality impacts of firefighting water and foam, and second to track reductions in those impacts over time, which is an anticipated outcome of the implementation of Provision C.15.b.iii. This shall include discussion of the timing of such reporting, and how that reporting will be submitted to the Water Board. This shall additionally include discussion of how reporting is triggered (e.g., if a certain level of discharge enters the MS4 system, if any level of discharge enters a receiving water, and if any level of PFAS foam is used pursuant the exemptions in SB 1044), as well as the content of the reporting (e.g., the date and time of the discharge, Material Safety Data Sheet (MSDS) and any supplemental information for that foam, the quantity of water and foam concentrate used, the quantity and rate of water and foam concentrate discharged to the MS4 and/or receiving water, the point of discharge to the MS4 and/or receiving water, and controls implemented to contain and/or mitigate discharges and impacts).
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(b) Reporting – The Permittees shall collectively submit a Firefighting Discharges Report by September 30, 2025, that describes progress on, and recommendations regarding, the implementation of the items listed in Provision C.15.b.iii.(2)(a)(i)-(vii). The Firefighting Discharges Report shall be updated as needed on an ongoing basis, to incorporate recommendations by the Working Group. (3) Ongoing Impementation Practices
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(a) When the Firefighting Discharges Report is submitted, the Permittees shall begin implementation of the recommendations included therein. (b) Permittees shall ensure proper BMPs and SOPs are included in contracts for non-municipal (contracted) staff hired by Permittees to assist with containment and cleanup, and to assist with prevention and mitigation of adverse impacts, of discharges associated with firefighting emergencies. (c) For large industrial sites within Permittees’ jurisdictions – such as IGP sites, gas plants, gas concentration facilities, and chemical plants – Permittees shall evaluate the adequacy of those sites’ BMPs and SOPs for the prevention, containment and cleanup of emergency firefighting discharges into storm drains and receiving waters within Permittees’ jurisdictions, and cause those BMPs and SOPs to be improved as appropriate. (d) By June 30, 2027, Permittees shall require all municipal staff and contracted staff hired by Permittees that participate in the containment and cleanup of (and as appropriate, that assist with any other activities associated with mitigating the adverse environmental impacts of) discharges of firefighting water and foam from firefighting emergencies within their jurisdictions to attend at least one training on containment and cleanup BMPs and SOPs (and other BMPs and SOPs, as appropriate). Trainings may be region-wide, program wide, or Permittee-specific. Permittees are encouraged to make these trainings available to contractors hired by private parties. (e) Reporting
(i) In their Annual Reports, Permittees shall report on the implementation of Provisions C.15.b.iii.(3).(a)-(c). (ii) In the 2027 Annual Reports, Permittees shall report on trainings conducted pursuant to Provision C.15.b.iii.(3)(d), including the date(s) of training(s), topics covered, and the percentage of applicable municipal and contracted staff involved in containment and cleanup activities in attendance. (4) Required MPPs
(a) The Permittees shall implement and/or require firefighting personnel acting within their jurisdictions to implement BMPs and SOPs for emergency discharges – in order to reduce potential and actual water quality impacts – to the extent that the implementation of such BMPs does not interfere with immediate emergency response operations or impact public health and safety63. (b) During emergency firefighting situations, priority of efforts shall be directed toward life, property, and the environment (in descending order).
Permittee staff, contractors, or firefighting personnel shall control the pollution threat from their activities during emergency firefighting situations to the extent that time and resources allow.
(5) Reporting
(a) Upon submittal of the Firefighting Discharges Report, Permittees shall implement the reporting recommendations and guidance therein. (b) Otherwise, reporting requirements will be determined by Water Board staff on a case-by-case basis, such as for fire incidents at chemical plants. iv. Discharge Type – Individual Residential Car Washing D (1) Required BMPs
(a) The Permittees shall discourage through outreach efforts individual residential car washing within their jurisdictional areas that discharge directly into their storm drain systems.
(b) The Permittees shall encourage individuals to direct car wash waters to landscaped areas, use as little detergent as necessary, or wash cars at commercial car wash facilities.
v. Discharge Type – Swimming Pool, Hot Tub, Spa, and Fountain Water Discharges B (1) Required BMPs
(a) The Permittees shall prohibit discharge of water that contains chlorine residual, copper algaecide, filter backwash or other pollutants to storm drains or to waterbodies. Such polluted discharges from pools, hot tubs, spas, and fountains shall be directed to the sanitary sewer (with the local sanitary sewer agency’s approval) or to landscaped areas that can accommodate the volume. (b) Discharges from swimming pools, hot tubs, spas and fountains shall be allowed into storm drain collection systems only if there are no other feasible disposal alternatives (e.g., disposal to sanitary sewer or landscaped areas) and if the discharge is properly dechlorinated to non-detectable levels of chlorine consistent with water quality standards.
(c) The Permittees shall require that new or rebuilt swimming pools, hot tubs, spas and fountains within their jurisdictions have a connection to the sanitary sewer to facilitate draining events. The Permittees shall coordinate with local sanitary sewer agencies to determine the standards and requirements necessary for the installation of a sanitary sewer discharge location to allow draining events for pools, hot tubs, spas, and fountains to occur with the proper permits from the local sanitary sewer agency. (d) The Permittees shall improve their public outreach and educational efforts and ensure implementation of the required BMPs and compliance in commercial, municipal, and residential facilities.
(e) The Permittees shall implement the Illicit Discharge Enforcement Response Plan from Provision C.5.b for polluted (contains chlorine, copper algaecide, filter backwash, or other pollutants) swimming pool, hot tub, spa, or fountain waters that get discharged into the storm drain. (2) Reporting – The Permittees shall keep records of the authorized major discharges of dechlorinated pool, hot tubs, spa, and fountain water to the storm drain, including BMPs employed; such records shall be available for inspection by the Water Board. vi. Discharge Type – Irrigation Water, Landscape Irrigation, and Lawn or Garden Watering (1) Required BMPs – The Permittees shall promote measures that minimize runoff and pollutant loading from excess irrigation via the following:
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(a) Promoting and/or working with potable water purveyors to promote conservation programs that minimize discharges from lawn watering and landscape irrigation practices;
(b) Promoting outreach messages regarding the use of less toxic options for pest control and landscape management; (c) Promoting and/or working with potable water purveyors to promote the use of drought tolerant, native vegetation to minimize landscape irrigation demands;
(d) Promoting and/or working with potable water purveyors to promote outreach messages that encourage appropriate applications of water needed for irrigation and other watering practices; and
(e) Implementing the Illicit Discharge Enforcement Response Plan from Provision C.5.b, as necessary, for ongoing, large-volume landscape irrigation runoff to their storm drain systems.
(2) Reporting – The Permittees shall provide implementation summaries in each Annual Report.
C.17. Discharges Associated with Unsheltered Homeless Populations B The purpose of this Provision is to identify and ensure the implementation of appropriate control measures, by all Permittees, to address nonstormwater discharges into MS4s associated with unsheltered homeless populations, including discharges from areas where unsheltered people congregate (e.g., formal and informal encampments including, but not limited to, informal tent or small cabin encampments, areas where people living in vehicles park, and safe parking areas). This Provision refers to such discharges collectively as discharges associated with homelessness.
C.17.a Permittees Requirements B
i. Task Description
(1) Permittees shall use results from biennial point-in-time census surveys and related information, such as municipal reports, databases, complaint logs, and other efforts, to gain a better understanding of unsheltered homeless population numbers within the Permittee’s jurisdiction, the locations of unsheltered homeless residents, discharges and water quality-related impacts associated with homelessness, and associated sanitation-related needs. (2) To encourage ongoing regional, countywide, and municipal coordination efforts, Permittees shall collectively develop a best management practice report that identifies effective practices to address non-storm water discharges associated with homelessness into MS4s that impact water quality and specific milestones for reducing such discharges within a given timeframe. The report shall:
(a) Describe practices that may be implemented by Permittees, including those currently being implemented, to address discharges associated with homelessness that are impacting water quality;
(b) Identify regional and/or countywide efforts and implementation actions to address discharges associated with homelessness (including how those efforts and actions have been affected by unsheltered homeless population growth). Include recommendations for engaging in these efforts and incorporating discharge-reduction strategies that also help meet the unsheltered population’s clean water needs; and (c) Identify actions taken during the COVID-19 pandemic to reduce the spread of the virus in homeless populations, such as temporarily housing homeless people in hotels, that may have reduced discharges associated with homelessness. Permittees shall consider the practicability of such actions for longer-term implementation. This task’s broader goals are to recognize non-stormwater pollutant sources associated with unsheltered homeless populations, reasons for discharges, and means by which they occur, and develop useful information that can be used toward prioritizing individual Permittee and collaborative best management practices for reducing or managing such discharges, while ensuring the protection of public health.
Examples of collaborative implementation programs could include collaborative efforts between Permittees, Caltrans, sanitary sewer agencies, railroads, non-governmental organizations (NGOs), social service agencies and organizations, and other agencies. ii. Implementation Level
(1) Each Permittee shall submit a map identifying, within its jurisdiction, the approximate location(s) of unsheltered homeless populations, including homeless encampments and other areas where other unsheltered homeless people live. 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 Permittee’s jurisdiction. The map shall be updated once during the Permit term, in 2025. Where Permittees are working collaboratively to address discharges associated with homelessness, they may collaborate to submit a joint map that covers their respective jurisdictions. (2) Permittees shall report on the programmatic efforts being implemented within their jurisdiction, or at the countywide or regional level, to address MS4 discharges associated with homelessness. Examples of these efforts may include, but are not limited to: funding initiatives; adoption of ordinances to implement service programs; coordination with social services departments and NGOs; efforts to establish relationships with homeless populations; and alternative actions to reduce discharges to surface waters associated with homelessness, such as efforts towards providing housing, jobs, and related services for residents experiencing homelessness.
vi.
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(3) Each Permittee shall identify and implement appropriate best management practices to address MS4 discharges associated with homelessness that impact water quality, including those impacts that can lead to public health impacts. In addition, Permittees shall also evaluate and assess the effectiveness of those practices, specifically by reporting on the BMP control measures being implemented, the approximate portion of the Permittee’s unsheltered homeless population and locations being served by those control measures, and the portion and locations of the Permittee’s unsheltered homeless population not reached, or not fully reached by the implemented control measures. Examples of actions that may be implemented include, but are not limited to, access to emergency shelters; the provision of social services and sanitation services; voucher programs for proper disposal of RV sanitary sewage; establishment of designated RV “safe parking” areas or formalized encampments with appropriate services; provision of mobile pumpout services; establishing and updating sidewalk/street/plaza cleaning standards for the cleanup and appropriate disposal of human waste; and establishing trash and waste cleanup or pickup programs within the Permittee’s jurisdiction, or at the countywide or regional level. (4) Permittees shall use the information generated through the biennial point-in-time census surveys and related information, and the regional coordination tasks (as described above) to review and update their implementation practices. iii. (1) With the 2023 Annual Report, Permittees shall collectively submit, acceptable to the Executive Officer, a best management practice report as described in Provision C.17.a.i.(2).
(2) With the 2023 and 2025 Annual Reports, Permittees shall submit a map as described in Provision C.17.a.ii.(1). (3) With the 2023 and 2025 Annual Reports, Permittees shall submit a map as described in Provision C.17.a.ii.(1).
With the 2023 and 2025 Annual Reports, each Permittee shall report on the best management practices being implemented and include the effectiveness evaluation reporting required in Provision C.17.a.ii.(3) and additional actions or changes to existing actions that the Permittee will implement to improve existing practices.
C.20. Cost Reporting B
C.20.a. Task Description – Each Permittee shall annually prepare and submit a fiscal analysis of the capital and operation and maintenance costs incurred to comply with this Order’s requirements listed in Provision C.20.b.(iii).
C.20.b.
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i. The Permittees shall develop a cost reporting framework and methodology to perform the fiscal analysis. Permittees are encouraged to collaboratively develop the framework and methodology for purposes of efficiency, cost-savings, and regionwide consistency and comparability. The framework shall consider identification of costs incurred solely to comply with this Order’s requirements as listed in Provision C.20.b.(iii) as compared to costs shared with other programs or regulatory requirements, provide meaningful data to assess costs of different program areas, and allow for comparisons and to identify trends over time.
ii. The analysis shall include a description of the source of funds that are proposed to meet the necessary expenditures, including legal restrictions on the use of such funds, and identify any funding resources shared on a regional or countywide basis. The analysis shall include the costs incurred to comply with this Permit, and an estimate of costs for the upcoming Permit year. iii. The analysis shall include the following program areas, specifically as required under this Order:
(1) Program management
(2) Municipal operations
(3) New development and redevelopment
(4) Industrial and commercial site controls
(5) Illicit discharge detection and elimination
(6) Construction site controls
(7) Public information and outreach
(8) Water quality monitoring
(9) Pesticides toxicity controls
(10) Trash load reduction
(11) Mercury controls
(12) PCBs controls
(13) Copper controls
(14) Bacteria controls
(15) Discharges associated with unsheltered homeless populations (16) Asset management plan development and implementation iv. The costs reported for each program area shall address the following categories:
(1) Total cost
(2) Captital expenditure
(3) Land cost
(4) Personnel costs
(5) Consultant costs
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(6) Overhead costs
(7) Construction costs N/A
(8) Operation and maintenance costs
(9) Other costs NA
C.20.c. Reporting
i. The Permittees shall submit the cost reporting framework and methodology, acceptable to the Regional Water Board Executive Officer, by June 30, 2023. N/A SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 3.0 R2-2022-0018 ATTACHMENT "A"
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ii. The Permittees shall submit their fiscal analyses annually according to the accepted cost reporting framework and methodology starting with the 2025 Annual Report.
N/A
C.21. Asset Management B
C.21.a. Task Description – Each Permittee shall develop and implement an Asset Management Plan in order to ensure the satisfactory condition of all hard assets constructed during this and Previous Permit terms pursuant to Provisions C.2 Municipal Operations, C.3 New Development and Redevelopment, C.10 Trash Load Reduction, C.11 Mercury Controls, C.12 PCBs Controls, C.13 Copper Controls, C.14 Bacteria Controls for Impaired Water Bodies, C.17 Discharges Associated with Unsheltered Homeless Populations, C.18 San Mateo County Sediment Controls, and C.19 Cities of Antioch, Brentwood, and Oakley, Unincorporated Contra Costa County, and the Contra Costa County Flood Control and Water Conservation District Requirements.
C.21.b. Implementation Level – Each Permittee shall:
i. Develop an Asset Management Plan by June 30, 2025, which, at a minimum, shall include the following:
(1) A description of the asset categories to be included. (2) An inventory (or link to such an inventory) of Permittees’ existing hard assets built pursuant to the Provisions cited in Provision C.21.a, including at a minimum all LID/GSI systems and trash capture devices.
(3) An Operation, Maintenance, Rehabilitation, and Replacement Plan (Asset Management O&M Plan), to evaluate data obtained through asset assessment in order to inform a strategy for prioritizing and scheduling maintenance, rehabilitation, and replacement of inventoried assets, including:
(a) A process for prioritizing and scheduling operation and maintenance activities. (b) A process(es) for evaluating the current condition, and identifying the need for and carrying out, as appropriate, the rehabilitation and replacement of inventoried assets. The process(es) shall account for:
(i) The minimum condition necessary to achieve minimum performance level(s) for each type of hard asset, including an assessment of stormwater volume and pollutant load reduction, necessary to comply with applicable Permit Provisions and TMDLs.
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(ii) Current performance level and effectiveness, as indicated by condition. Permittees may implement a risk-based condition assessment, or comparable assessment method, to cost-effectively and -efficiently assess condition. Permittees shall base the effectiveness evaluation on, at a minimum, factors such as design, capacity, and condition and function relative to the asset’s design, intended operating conditions, and intended function.
N/A
(iii) Consequence of failure and likelihood of failure. (c) An evaluation or forecast of costs necessary for the implementation of (a)-(b) above, at least through the end of the current permit term. On an ongoing basis, the Permittees shall compare these projections with available funding sources to determine the best manner in which to fund the operation, maintenance, rehabilitation, and replacement of inventoried assets. This evaluation or forecasting may supplement Permittees’ compliance with Provision C.20 Cost Reporting.
(4) Recommendations for a reporting strategy, which may have a nexus with the tracking systems referenced in Permittees’ Green Infrastructure Plans, to include:
(a) Municpatlity -specific reporting;
(b) Assessment of the programmatic benefit from countywide or regional roll-up of collected information. N/A ii. Begin implementation of the Asset Management Plan no later than July 1, 2025. N/A iii. Reassess and update their Asset Management Plan on an as-needed basis, to address changing conditions and resources. iv. Provide the latest version of the Asset Management Plan to Water Board staff during inspections and audits, or otherwise upon request. v. Complete a Climate Change Adaptation Report to identify potential climate change-related threats to assets and appropriate adaptation strategies. The report shall assess existing, new, and increasing threats from climate change to the condition of Permittees’ inventoried hard assets over the next 50 years, and identify approaches that Permittees may implement to address those threats, such as the modification of design standards and countywide technical guidance documents. The Climate Change Adaptation Report may be developed on an all-Permittee (regional) scale or countywide scale.
C.21.c. Reporting N/A
i. The Permittees shall submit their Asset Management Plans with the 2025 Annual Reports. ii. The Permittees shall report on the implementation of their Asset Management Plans annually, starting with the 2026 Annual Reports, as follows:
(1) Provide (or link to) an inventory of all assets accounted for in the Asset Management Plan. (a) Different categories of assets (e.g., trash controls, LID/GSI controls, bacteria controls) may be maintained in separate inventories. (2) At a minimum, for each asset in the inventory, provide the following: category or type of water quality control; relevant design information; tributary drainage area; location; condition based on periodic inspections either by municipal or contracted staff; and operation and maintenance need (for example, while most assets may require normal operation & maintenance, Permittees may identify a subset of assets in need of rehabilitation or replacement). This information does not have to be submitted in tabular format in the Annual Report; it may be provided externally, at the linked location identified in Provision C.21.c.ii.(1) above.
iii. The Permittees shall submit the Climate Change Adaptation Report described in Provision C.21.b.v with their 2026 Annual Reports. The Permittees may submit the Climate Change Adaptation Report(s) on an all-Permittee (regional) scale or countywide scale.
C.22.Annual Reports B
C.22.a. The Permittees shall submit Annual Reports electronically, including a verified electronic signature (e.g., Adobe e-signature, DocuSign, or equivalent), in all cases by September 30 of each year, in the manner specified by the Water Board. Each Annual Report shall report on the previous fiscal year beginning July 1 and ending June 30. The annual reporting requirements are set forth in Provisions C.1 – C.21, with the exception of the 2022 annual reporting requirements for Provisions C.2 – C.9, which are set forth in Provisions C.2 - C.9 of the previous Permit, Order No. R2-2015-0049, as amended.
The Permittees shall retain documentation as necessary to support their Annual Report. The Permittees shall make this supporting information available upon request within a timely manner, generally no more than ten business days unless otherwise agreed to by the Executive Officer.
C.22.b. The Permittees shall collaboratively develop a common annual reporting format for acceptance by the Executive Officer by March 1, 2023. The resulting Annual Report Form, once approved, shall be used by all Permittees. The Annual Report Form may be changed by March 1 of each year for the following Annual Report, to more accurately reflect the reporting requirements of Provisions C.1 – C.21, with the agreement of the Permittees and by the approval of the Executive Officer.
C.22.c. The Permittees shall certify in each Annual Report that they are in compliance with all requirements of the Order. If a Permittee is unable to certify compliance with a requirement, it must submit, in the cover letter of the Annual Report, the reason for its failure to comply, a description and schedule of tasks necessary to achieve compliance, and an estimated date for achieving full compliance.
C.23. Modification to this Order
The Water Board may modify or reopen this Order, or alternatively, revoke or reissue it, before the expiration date in any of the following circumstances or as authorized by law:
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C.23.a. To address significant changed conditions identified in the technical or Annual Reports required by the Water Board, or through other means or communication, that were unknown at the time of the issuance of this Order; C.23.b. To incorporate applicable requirements of statewide water quality control plans adopted by the State Water Board or amendments to the Basin Plans for the San Francisco Bay and the Sacramento and San Joaquin River Basins approved by the State Water Board; C.23.c. To comply with any applicable requirements, guidelines, or regulations issued or approved under section 402(p) or other applicable provision of the CWA, if the requirement, guideline, or regulation so issued or approved contains different conditions or additional requirements not provided for in this Order; C.23.d. To provide an alternative compliance program for exchanges of impervious surface treatment credits in Provision C.3.e.i; or C.23.e. To incorporate applicable requirements from the Central Valley Regional Water Board’s Phase 1 Delta Mercury Control Program Review under the Basin Plan for the Sacramento and San Joaquin River Basin.
C.24. Standard Provisions
Each Permittee shall comply with all parts of the Standard Provisions contained in Attachment G of this Order.
C.25. Expiriation Date
This Order expires on June 30, 2027, five years from the effective date of this Order. The Permittees must file a Report of Waste Discharge in accordance with Title 23, California Code of Regulations, not later than 180 days in advance of such date as application for reissuance of waste discharge requirements. C.26. Rescission of Old Order
Order No. R2-2015-0049, as amended by Order No. R2-2019-0004, is hereby rescinded, except for enforcement purposes, on the effective date of this Order, which shall be July 1, 2022, provided that the Regional Administrator of U.S. EPA, Region IX, does not object.
C.27. Effective Date
The Effective Date of this Order and Permit shall be July 1, 2022, provided that the Regional Administrator of U.S. EPA, Region IX, does not object.
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
A. DISCHARGE PROHIBITIONS
A.1. The Permittees shall, within their respective jurisdictions, effectively prohibit the discharge of non-stormwater (materials other than stormwater) into storm drain systems and watercourses. NPDES-permitted discharges are exempt from this prohibition. Provision C.15 describes a tiered categorization of non-stormwater discharges based on potential for pollutant content that may be discharged upon adequate assurance that the discharge contains no pollutants of concern at concentrations that will impact beneficial uses or cause exceedances of water quality standards.
B
A.2. It shall be prohibited to discharge rubbish, refuse, bark, sawdust, or other solid wastes into surface waters or at any place where they would contact or where they would be eventually transported to surface waters, including flood plain areas.
B
B. RECEIVING WATER LIMITATIONS
B.1. The discharge shall not cause the following conditions to create a condition of nuisance or to adversely affect beneficial uses of waters of the State:
a. Floating, suspended, or deposited macroscopic particulate matter, or foam; b. Bottom deposits or aquatic growths;
c. Alteration of temperature, turbidity, or apparent color beyond present natural background levels; B d. Visible, floating, suspended, or deposited oil or other products of petroleum origin; and e. Substances present in concentrations or quantities that would cause deleterious effects on aquatic biota, wildlife, or waterfowl, or that render any of these unfit for human consumption.
B.2. The discharge shall not cause or contribute to a violation of any applicable water quality standard for receiving waters. If applicable water quality objectives are adopted and approved by the State Water Board after the date of the adoption of this Order, the Water Board may revise and modify this Order as appropriate.
B
C.1. Compliance with Discharge Prohibitions and Receiving Waters Limitations The Permittees shall comply with Discharge Prohibitions A.1 and A.2 and Receiving Water Limitations B.1 and B.2 through the timely implementation of control measures and other actions as specified in Provisions C.2 through C.15. Compliance with Provisions C.9 through C.12 and C.14 of this Order, which prescribe requirements and schedules for Permittees identified therein to manage their discharges that may cause or contribute to violations of water quality standards (WQS) for pesticides, trash, mercury, polychlorinated biphenyls (PCBs), and bacteria, shall constitute compliance during the term of this Order with Receiving Water Limitations B.1 and B.2 for the pollutants and the receiving waters identified in the provisions. Compliance with Provision C.10, which prescribes requirements and schedules for Permittees to manage their discharges of trash, shall also constitute compliance with Discharge Prohibitions A.1 and A.2 during the term of this Order for discharges of trash. If exceedance(s) of (WQS), except for exceedances of water quality standards for pesticides, trash, mercury, PCBs, and bacteria that are managed pursuant to Provisions C.9 through C.12 and C.14, persist in receiving waters notwithstanding the implementation of the required controls and actions, the Permittees shall comply with the following procedure:
B
C.1.a. a. Upon a determination by either the Permittee(s) or the Water Board that discharges are causing or contributing to an exceedance of an applicable (WQS), the Permittee(s) shall notify, within no more than 30 days, and thereafter submit a report to the Water Board that describes controls or best management practices (BMPs) that are currently being implemented, and the current level of implementation, and additional controls or BMPs that will be implemented, and/or an increased level of implementation, to prevent or reduce the discharge of pollutants that are causing or contributing to the exceedance of water quality standards. The report may be submitted in conjunction with the Annual Report, unless the Water Board directs an earlier submittal, and shall constitute a request to the Water Board for amendment of this NPDES Permit. The report and application for amendment shall include an implementation schedule. The Water Board may require modifications to the report and application for amendment; and B
C.1.b. b. Submit any modifications to the report required by the Water Board within 30 days of notification. B As long as Permittees have complied with the procedures set forth above, they do not have to repeat the same procedure for continuing or recurring exceedances of the same receiving water limitations unless directed by the Water Board to develop additional control measures and BMPs and reinitiate the C.2.Permit amendment process. Municipal Operations The purpose of this provision is to ensure implementation of appropriate BMPs by all Permittees to control and reduce non-stormwater and polluted stormwater discharges to storm drains and watercourses during operation, inspection, and routine repair and maintenance activities of municipal facilities C.2.a. and Streetinfrastructure. and Road Repair and Maintenance i. Task Description – Asphalt/Concrete Removal, Cutting, Installation, and Repair The Permittees shall implement appropriate BMPs at street and road repair and/or maintenance sites to control debris and waste materials during road and parking lot installation, repaving, or repair maintenance activities, such as those described in the California Stormwater Quality Association’s (CASQA’s) Handbook for Municipal Operations.
C
ii. Implementation Levels
(1) The Permittees shall require proper management of concrete slurry and wastewater, asphalt, pavement cutting, and other street and road maintenance materials and wastewater to avoid discharge to storm drains from such work sites. The Permittees shall coordinate with sanitary sewer agencies to determine if disposal to the sanitary sewer system is available for the wastewater generated from these activities provided that appropriate approvals are obtained and pretreatment standards are met.
B
(2) The Permittees shall require sweeping and/or vacuuming to remove debris, concrete, or sediment residues from such work sites upon completion of work. The Permittees shall require cleanup of all construction debris, spills, and leaks using dry methods (e.g., absorbent materials, rags, pads, and vacuuming), as described in the Bay Area Stormwater Management Agencies Association’s (BASMAA’s) Blueprint for a Clean Bay.
B
iii. Reporting
The Permittees shall report on implementation of and compliance with these BMPs in the Annual Report. B C.2.b. Sidewalk/Plaza Maintenance and Pavement Washing
i. Task Description
The Permittees shall implement and require to be implemented BMPs that prevent the discharge of polluted wash water and non- stormwater to storm drains for pavement washing; sidewalk and plaza cleaning; mobile cleaning; pressure washing operations in locations such as parking lots and garages; trash areas; and gas station fueling areas. The Permittees shall implement the BMPs included in BASMAA’s Mobile Surface Cleaner Program. The Permittees shall coordinate with sanitary sewer agencies to determine if disposal to the sanitary sewer is available for the wastewater generated from these activities provided that appropriate approvals and pretreatment standards are met.
B
ii. Reporting
The Permittees shall report on implementation of and compliance with these BMPs in their Annual Report. B C.2.c. Bridge and Structure Maintenance and Graffiti Removal i. Task Description
(1) The Permittees shall implement appropriate BMPs to prevent polluted stormwater and non-stormwater discharges from bridges and structural maintenance activities directly over water or into storm drains.
C
(2) The Permittees shall implement BMPs for graffiti removal that prevent non-stormwater and wash water discharges into storm drains. C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation Levels
(1) The Permittees shall prevent all debris, including structural materials and coating debris, such as paint chips, and other debris and pollutants generated in bridge and structure maintenance or graffiti removal from entering storm drains or water courses.
C
(2) The Permittees shall protect nearby storm drain inlets before removing graffiti from walls, signs, sidewalks, or other structures. The Permittees shall prevent any discharge of debris, cleaning compound waste, paint waste, or wash water due to graffiti removal from entering storm drains or watercourses.
C
(3) The Permittees shall use proper disposal methods for wastes generated from these activities. The Permittees shall train their employees and/or specify in contracts the proper capture and disposal methods for the wastes generated.
C
iii. Reporting
The Permittees shall report on implementation of and compliance with these BMPs in their Annual Report. C C.2.d. Stormwater Pump Stations
i. Task Description
The Permittees shall implement measures to operate, inspect, and maintain stormwater pump stations to eliminate non-stormwater discharges containing pollutants, and to reduce pollutant loads in stormwater discharges to comply with WQSs.
D
ii. Implementation Levels
The Permittees shall comply with the following at Permittee-owned or -operated pump stations:
(1) Upon becoming aware that the discharge from a pump station has a dissolved oxygen (DO) concentration below 3.0 mg/L, implement corrective actions, such as continuous pumping at a low flow rate, aeration, or other appropriate methods to maintain DO concentrations of the discharge above 3 milligrams per liter (mg/L) and verify the effectiveness of the corrective actions with monitoring. Corrective actions do not need to be implemented on discharges from pump stations that remain in the stormwater collection system or infiltrate into a dry creek immediately downstream.
D
(2) Ensure that pump stations are free from debris and trash and replace any oil absorbent booms, as needed, and investigate and abate illicit discharges.
Pump stations excluded from C.2.d.ii.(1) above are not excluded from this requirement.
D
(3) The Permittees shall maintain records of inspection, maintenance, implementation of corrective actions, and any monitoring records at Permitteeowned or -operated pumped stations. These records shall be made available to Water Board staff or its representatives during inspections and audits, or otherwise upon request.
D
C.2.e. Rural Public Works Construction and Maintenance
i. Task Description
Rural Road and Public Works Construction and Maintenance NA? For the purpose of this provision, rural means any watershed or portion thereof that is developed with large lot home-sites, such as one acre or larger, or with primarily agricultural, grazing, or open space uses.
NA
The Permittees shall implement and require contractors to implement BMPs for erosion and sediment control during and after construction for maintenance activities on rural roads, particularly in or adjacent to stream channels or wetlands. The Permittees shall notify the Water Board, the California Department of Fish and Wildlife (CDFW), and the U.S. Army Corps of Engineers, where applicable, and obtain appropriate agency permits for rural public works activities before work in or near creeks and wetlands.
NA
ii. Implementation Levels
(1) The Permittees shall continue to implement BMPs for erosion and sediment control measures during construction and maintenance activities on rural roads, including developing and implementing appropriate training and technical assistance resources for rural public works activities.
NA
(2) The Permittees shall implement appropriate BMPs for the following activities. BMPs shall minimize impacts on streams and wetlands in the course of rural road and public works maintenance and construction activities:
NA
(a) Road design, construction, maintenance, and repairs in rural areas that prevent and control road-related erosion and sediment transport; NA (b) Identification and prioritization of rural road maintenance on the basis of soil erosion potential, slope steepness, and stream habitat resources; NA SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(c) Construction of roads and culverts that do not impact creek functions. New or replaced culverts shall not create a migratory fish passage barrier, where migratory fish are present, or lead to stream instability; NA
(d) Implementation of an inspection program to maintain rural roads’ structural integrity and prevent impacts to water quality; NA (e) Maintenance of rural roads adjacent to streams and riparian habitat to reduce erosion, replace damaging shotgun culverts, and address excessive erosion;
NA
(f) Re-grading of unpaved rural roads to slope outward where consistent with road engineering safety standards, and installation of water bars as appropriate; and
NA
(g) Replacement of existing culverts or design of new culverts or bridge crossings shall use measures to reduce erosion, provide fish passage, and maintain natural stream geomorphology in a stable manner.
NA
(3) The Permittees shall incorporate existing training and guidance on permitting requirements for rural public works activities so as to stress the importance of proper planning and construction to avoid water quality impacts.
NA
(4) The Permittees shall provide training incorporating these BMPs to rural public works maintenance staff at least twice within this Permit term. NA iii. Reporting
The Permittees shall report on the implementation of and compliance with BMPs for the rural public works construction and maintenance activities in their Annual Report, including reporting on increased maintenance in priority areas.
NA
C.2.f. Corporation Yard BMP Implementation
i. Task Description
Corporation Yard Maintenance B
(1) The Permittees shall implement and maintain a site-specific Stormwater Pollution Prevention Plan (SWPPP) for corporation yards, including municipal vehicle maintenance, heavy equipment, and maintenance vehicle parking areas, and material storage facilities, to comply with water quality standards.
Each SWPPP shall incorporate all applicable BMPs that are described in the California Stormwater Quality Association’s (CASQA’s) Handbook for Municipal Operations and the Caltrans Storm Water Quality Handbook Maintenance Staff Guide, May 2003, and its addenda, as appropriate.
B
(2) The requirements in this provision shall apply only to facilities that are not covered under the State Water Board’s Industrial Stormwater NPDES General Permit.
B
ii. Implementation Level
(1) Implement BMPs to minimize pollutant discharges in stormwater and prohibit non-stormwater discharges, such as wash waters and street sweeper, vactor, and other related equipment wash water. Pollution control actions shall include, but not be limited to, good housekeeping practices, material and waste storage control, and vehicle leak and spill control.
B
(2) Routinely inspect corporation yards to ensure that non-stormwater discharges are not entering the storm drain system and pollutant discharges are prevented to the maximum extent practicable. At a minimum, each corporation yard shall be fully inspected each year between September 1 and September 30, beginning the 2016-2017 reporting year. Active non-stormwater discharges shall cease immediately. Corrective actions shall be implemented before the next rain event, but no longer than 10 business days after the potential and/or actual discharges are discovered. Corrective actions can be temporary and more time can be allowed for permanent corrective actions. If more than 10 business days are required for compliance, a rationale shall be recorded.
B
(3) Plumb all vehicle and equipment wash areas to the sanitary sewer after coordination with the local sanitary sewer agency and equip with a pretreatment device (if necessary) in accordance with the requirements of the local sanitary sewer agency.
B
(4) Use dry cleanup methods when cleaning debris and spills from corporation yards. If wet cleaning methods must be used (e.g., pressure washing), the Permittee shall ensure that wash water is collected and disposed in the sanitary sewer after coordination with the local sanitary sewer agency and in accordance with the requirements of the local sanitary sewer agency. Any private companies hired by the Permittee to perform cleaning activities on Permittee-owned property shall follow the same requirements. In areas where sanitary sewer connection is not available, the Permittees shall collect and haul the wash water to a municipal wastewater treatment plant, or implement appropriate BMPs and dispose of the wastewater to land in a manner that does not adversely impact surface water or groundwater.
B
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(5) Outdoor storage areas containing pollutants shall be covered and/or bermed to prevent discharges of polluted stormwater runoff or run-on to storm drain inlets.
B
iii. Reporting
(1) In the 2015-2016 Annual Report, Permittees shall report on implementation of SWPPPs, the results of inspections, and any followup actions in their Annual Report.
B
(2) Beginning with the 2016-2017 Annual Report, Permittees shall list activities conducted in the corporation yards that have BMPs in the site- specific SWPPP, date of inspections, the results of inspections, and any followup actions, including the date of any necessary corrective actions implemented, in their Annual Report.
B
C.3. New Development and Redevelopment
The goal of Provision C.3 is for the Permittees to use their planning authorities to include appropriate source control, site design, and stormwater treatment measures in new development and redevelopment projects to address stormwater runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. This goal is to be accomplished primarily through the implementation of low impact development (LID) techniques.
C
C.3.a. New Development and Redevelopment Performance Standard Implementation i. Task Description
At a minimum, each Permittee shall:
(1) Have adequate legal authority to implement all requirements of Provision C.3; B (2) Have adequate development review and permitting procedures to impose conditions of approval or other enforceable mechanisms to implement the requirements of Provision C.3. For projects discharging directly to CWA section 303(d)-listed waterbodies, conditions of approval must require that postdevelopment runoff not exceed pre-development levels for such pollutants that are listed; C
(3) Evaluate potential water quality effects and identify appropriate mitigation measures when conducting environmental reviews, such as under CEQA; C (4) Provide training adequate to implement the requirements of Provision C.3 for staff, including interdepartmental training; C (5) Provide outreach adequate to implement the requirements of Provision C.3, including providing education materials to municipal staff, developers, contractors, construction site operators, and owner/builders, early in the planning process and as appropriate; C
(6) For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate site design measures that may include minimizing land disturbance and impervious surfaces (especially parking lots); clustering of structures and pavement; directing roof runoff to vegetated areas; use of micro-detention, including distributed landscape-based detention; preservation of open space; protection and/or restoration of riparian areas and wetlands as project amenities;
C
(7) For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff.
These source control measures should include:
C
· Storm drain inlet stenciling. C
· Landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs, such as Bay-Friendly Landscaping.
C
· Appropriate covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas. C · Covered trash, food waste, and compactor enclosures. C · Plumbing of the following discharges to the sanitary sewer, subject to the local sanitary sewer agency’s regulations and standards: C · Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor wash racks for restaurants. C · Dumpster drips from covered trash and food compactor enclosures. C · Discharges from outdoor covered wash areas for vehicles, equipment, and accessories. C · Swimming pool water, if discharge to onsite vegetated areas is not a feasible option. C · Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option. C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(8) Revise, as necessary, General Plans to integrate water quality and watershed protection with water supply, flood control, habitat protection, groundwater recharge, and other sustainable development principles and policies (e.g., referencing the Bay-Friendly Landscape Guidelines).
C
iii. Reporting
Provide a brief summary of the method(s) of implementation of Provisions C.3.a.i.(1)–(8) in the 2016 Annual Report. C C.3.b. Regulated Projects
i. Task Description
The Permittees shall require all projects fitting the category descriptions listed in Provision C.3.b.ii. below (hereinafter called Regulated Projects) to implement LID source control, site design, and stormwater treatment onsite or at a joint stormwater treatment facility1 in accordance with Provisions C.3.c. and C.3.d., unless the Provision C.3.e. alternate compliance options are invoked. For adjacent Regulated Projects that will discharge runoff to a joint stormwater treatment facility, the treatment facility must be completed by the end of construction of the first Regulated Project that will be discharging runoff to the joint stormwater treatment facility.
C
(1) Any Regulated Project that has been approved with stormwater treatment measures in compliance with Provision C.3.d. under a previous MS4 permit is exempt from the requirements of Provision C.3.c. (low impact development requirements).
C
(2) Any Regulated Project that was approved with no Provision C.3. stormwater treatment requirements under a previous MS4 permit and that has not begun construction by the effective date of this permit, shall be required to fully comply with the requirements of C.3.c. and C.3.d. Permittees may grant exemptions from this requirement as follows:
C
(a) An exemption may be granted to: C
(i) Any Regulated Project that was previously approved with a vesting tentative map that confers a vested right to proceed with development in substantial compliance with the ordinance, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved, as allowed by State law.
C
(ii) Any Regulated Project for which the Permittee has no legal authority to require changes to previously granted approvals, such as projects that have been granted building permits.
C
(b) An exemption from the LID requirements of Provision C.3.c. may be granted to any Regulated Project as long as stormwater treatment with media filters is provided that comply with the hydraulic sizing requirements of Provision C.3.d.
C
Regulated Projects, as they are defined in this Provision, do not include detached single-family home projects that are not part of a larger plan of development.
C
ii. Regulated Projects are defined in the following categories:
(1) Special Land Use Categories
(a) New Development or redevelopment projects that fall into one of the categories listed below and that create and/or replace 5000 square feet or more of impervious surface (collectively over the entire project site). This category includes development projects of the following four types on public or private land that fall under the planning and building authority of a Permittee:
C
(i) Auto service facilities, described by the following Standard Industrial Classification (SIC) Codes: 5013, 5014, 5541, 7532- 7534, and 7536-7539; C (ii) Retail gasoline outlets; C
(iii) Restaurants (SIC Code 5812); or C
(iv) Stand-alone uncovered parking lots and uncovered parking lots that are part of a development project if the parking lot creates and/or replaces 5,000 square feet or more of impervious surface. This category includes the top uncovered portion of parking structures, unless drainage from the uncovered portion is connected to the sanitary sewer along with the covered portions of the parking structure.
C
(b) For redevelopment projects in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv), specific exclusions are: C (i) Interior remodels; and C
(ii) Routine maintenance or repair such as: C
· roof or exterior wall surface replacement, and/or C · pavement resurfacing within the existing footprint. C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(c) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of 50 percent or more of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project).
C
(d) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of less than 50 percent of the impervious surface of a previously existing development that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project).
C
(2) Other Development Projects
New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. This category includes development projects on public or private land that fall under the planning and building authority of a Permittee. Detached single-family home projects that are not part of a larger plan of development are specifically excluded.
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(3) Other Redevelopment Projects
Redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. This category includes redevelopment projects on public or private land that fall under the planning and building authority of a Permittee.
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Specific exclusions to this category are:
· Interior remodels; and C
· Routine maintenance or repair such as: C
· roof or exterior wall surface replacement, and/or C · pavement resurfacing within the existing footprint. C (a) Where a redevelopment project results in an alteration of 50 percent or more of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project).
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(3) Other Redevelopment Projects (Continued) C
(b) Where a redevelopment results in an alteration of less than 50 percent of the impervious surface of a previously existing development that was not subject to Provision C.3., only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project).
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(4) Road Projects C
Any of the following types of road projects that create 10,000 square feet or more of newly constructed contiguous impervious surface and that fall under the building and planning authority of a Permittee:
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(a) Construction of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads. C (b) Widening of existing streets or roads with additional traffic lanes. C (i) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road within the project that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, shall be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire street or road that had additional traffic lanes added).
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(ii) Where the addition of traffic lanes results in an alteration of less than 50 percent of the impervious surface of an existing street or road within the project that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from only the new traffic lanes). However, if the stormwater runoff from the existing traffic lanes and the added traffic lanes cannot be separated, any onsite treatment system shall be designed and sized to treat stormwater runoff from the entire street or road. If an offsite treatment system is installed or in-lieu fees paid in accordance with Provision C.3.e, the offsite treatment system or in-lieu fees must address only the stormwater runoff from the added traffic lanes.
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(c) Construction of impervious trails that are greater than 10 feet wide or are creek-side (within 50 feet of the top of bank). C (d) Specific exclusions to Provisions C.3.b.ii.(4)(a)-(c) include the following: C · Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas. C · Bicycle lanes built as part of new streets or roads but are not hydraulically connected to the new streets or roads and that direct stormwater runoff to adjacent vegetated areas.
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· Impervious trails built to direct stormwater runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees.
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· Sidewalks, bicycle lanes, or trails constructed with permeable surfaces.2 C · Caltrans highway projects and associated facilities. C iii. Implementation Level
All elements of Provision C.3.b.i.-ii. shall be fully implemented immediately, including a database or equivalent tabular format that contains all the information listed under Reporting (Provision C.3.b.iv.) C
iv. Reporting
(1) C.3.b.i.(2) Reporting
In the 2017 Annual Report, each Permittee shall provide a complete list of the development projects that are subject to the requirements of Provision C.3.b.i.(2). For each such project, the Permittee shall indicate the type of stormwater treatment system required or the specific exemption granted, pursuant to Provision C.3.b.i.(2)(a) and (b). If a Permittee has no projects subject to Provision C.3.b.i.(2), it shall so state in the 2017 Annual Report.
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(2) Annual Reporting – C.3.b.ii. Regulated Projects For each Regulated Project approved during the fiscal year reporting period, the following information shall be reported electronically in the fiscal year Annual Report, in tabular form (as set forth in the attached Provision C.3.b. Sample Reporting Table):
(a) Project Name, Number, Location (cross streets), and Street Address; C (b) Name of Developer, Phase No. (if project is being constructed in phases, each phase should have a separate entry), Project Type (e.g., commercial, industrial, multi-unit residential, mixed-use, public), and description; C
(c) Project watershed; C
(d) Total project site area and total area of land disturbed; C (e) Total new impervious surface area and/or total replaced impervious surface area; C (f) If redevelopment or road widening project, total pre-project impervious surface area and total post-project impervious surface area; C (g) Status of project (e.g., application date, application deemed complete date, project approval date); C (h) Source control measures; C
(i) Site design measures; C
(j) All post-construction stormwater treatment systems installed onsite, at a joint stormwater treatment facility, and/or at an offsite location; C (k) Operation maintenance responsibility mechanism for the life of project; C (l) Hydraulic Sizing Criteria used; C
(m) Alternative compliance measures for Regulated Project (if applicable) C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
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(i) If alternative compliance will be provided at an offsite location in accordance with Provision C.3.e.i.(1), include information required in Provision C.3.b.iv.(2)(a) – (l) for the offsite project; and
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(ii) If alternative compliance will be provided by paying in-lieu fees in accordance with Provision C.3.e.i.(2), provide information required in Provision C.3.b.iv.(2)(a) – (l) for the Regional Project. Additionally, provide a summary of the Regional Project’s goals, duration, estimated completion date, total estimated cost of the Regional Project, and estimated monetary contribution from the Regulated Project to the Regional Project; and C
(n) Hydromodification (HM) Controls (see Provision C.3.g.) – If not required, state why not. If required, state control method used. C C.3.c. Low Impact Development (LID)
The goal of LID is to reduce runoff and mimic a site’s predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, and/or biotreating stormwater runoff close to its source. LID employs principles such as preserving and recreating natural landscape features and minimizing imperviousness to create functional and appealing site drainage that treats stormwater as a resource, rather than a waste product. Practices used to adhere to these LID principles include measures such as rain barrels and cisterns, green roofs, permeable pavement, preserving undeveloped open space, and biotreatment through rain gardens, bioretention units, bioswales, and planter/tree boxes.
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i. Task Description
The Permittees shall, at a minimum, implement the following LID requirements:
(1) Source Control Requirements
Require all Regulated Projects to implement source control measures onsite that, at a minimum, shall include the following: C (a) Minimization of stormwater pollutants of concern in urban runoff through measures that may include plumbing of the following discharges to the sanitary sewer, subject to the local sanitary sewer agency’s regulations and standards:
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· Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor wash racks for restaurants; C · Dumpster drips from covered trash, food waste, and compactor enclosures; C · Discharges from covered outdoor wash areas for vehicles, equipment, and accessories; C · Swimming pool water, if discharge to onsite vegetated areas is not a feasible option; and C · Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option; C (b) Properly designed covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas;
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(c) Properly designed trash storage areas; C
(d) Landscaping that minimizes irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping; C
(e) Efficient irrigation systems; and C
(f) Storm drain system stenciling or signage. C
(2) Site Design and Stormwater Treatment Requirements C (a) Require each Regulated Project to implement at least the following design strategies onsite: C (i) Limit disturbance of natural water bodies and drainage systems; minimize compaction of highly permeable soils; protect slopes and channels; and minimize impacts from stormwater and urban runoff on the biological integrity of natural drainage systems and water bodies; C
(ii) Conserve natural areas, including existing trees, other vegetation, and soils; C (iii) Minimize impervious surfaces; C
(iv) Minimize disturbances to natural drainages; and C (v) Minimize stormwater runoff by implementing one or more of the following site design measures: C · Direct roof runoff into cisterns or rain barrels for reuse. C · Direct roof runoff onto vegetated areas. C
· Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
· Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. C · Construct sidewalks, walkways, and/or patios with pervious pavement systems. C · Construct driveways, bike lanes, and/or uncovered parking lots with pervious pavement systems. C (b) Permittees shall collectively, on a regional or countywide basis, develop and adopt design specifications for pervious pavement systems, subject to the Executive Officer’s approval. If countywide design specifications have been adopted and are contained in countywide stormwater handbooks, Permittees may reference these documents in the Annual Reports.
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(c) Require each Regulated Project to treat 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility.
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(i) LID treatment measures are harvesting and use, infiltration, evapotranspiration, and biotreatment. C (ii) Biotreatment (or bioretention) systems shall be designed to have a surface area no smaller than what is required to accommodate a 5 inches/hour stormwater runoff surface loading rate, infiltrate runoff through biotreatment soil media at a minimum of 5 inches per hour, and maximize infiltration to the native soil during the life of the Regulated Project. The soil media for biotreatment (or bioretention) systems shall be designed to sustain healthy, vigorous plant growth and maximize stormwater runoff retention and pollutant removal. Permittees shall ensure that Regulated Projects use biotreatment soil media that meet the minimum specifications set forth in Attachment L of the previous permit (Order No. R2-2009-0074), dated November 28, 2011.
Permittees may collectively (on an all-Permittee scale or countywide scale) develop and adopt revisions to the soil media minimum specifications, subject to the Executive Officer’s approval.
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(iii) Green roofs may be considered biotreatment systems that treat roof runoff only if they meet certain minimum specifications. Permittees shall ensure that green roofs installed at Regulated Projects meet the following minimum specifications:
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(i) The green roof system planting media shall be sufficiently deep to provide capacity within the pore space of the media for the required runoff volume specified by Provision C.3.d.i.(1).
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(ii) The green roof system planting media shall be sufficiently deep to support the long term health of the vegetation selected for the green roof, as specified by a landscape architect or other knowledgeable professional.
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(d) Require any Regulated Project that does not comply with Provision C.3.c.i.(2)(c) above to meet the requirements established in Provision C.3.e for alternative compliance.
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ii. Reporting
(1) Permittees shall collectively submit in the 2016 Annual Report, design specifications for pervious pavement systems that have been developed and adopted on a regional or countywide basis. If Permittees within a countywide program are using countywide design specifications that have been adopted and are contained in a countywide stormwater handbook, those Permittees may reference the countywide stormwater handbook in- lieu of submitting the actual design specifications.
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(2) For specific tasks listed above that are reported using the reporting tables required for Provision C.3.b.iv, a reference to those tables will suffice. C C.3.d. Numeric Sizing Criteria for Stormwater Treatment Systems i. Task Description – The Permittees shall require that stormwater treatment systems constructed for Regulated Projects meet at least one of the following hydraulic sizing design criteria:
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(1) Volume Hydraulic Design Basis – Treatment systems whose primary mode of action depends on volume capacity shall be designed to treat stormwater runoff equal to:
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(a)The maximized stormwater capture volume for the area, on the basis of historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175–178 (e.g., approximately the 85th percentile 24-hour storm runoff event); or C
(b)The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology set forth in Section 5 of CASQA’s Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), using local rainfall data.
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(2) Flow Hydraulic Design Basis – Treatment systems whose primary mode of action depends on flow capacity shall be sized to treat: C (a)10 percent of the 50-year peak flow rate; C
(b)The flow of runoff produced by a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall depths; or C
(c)The flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. C (3) Combination Flow and Volume Design Basis – Treatment systems that use a combination of flow and volume capacity shall be sized to treat at least 80 percent of the total runoff over the life of the project, using local rainfall data.
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ii. Reporting – Permittees shall use the reporting tables required in Provision C.3.b.iv.(2) C iii. Limitations on Use of Infiltration Devices in Stormwater Treatment Systems C (1) For Regulated Projects, each Permittee shall review planned land use and proposed treatment design to verify that installed stormwater treatment systems with no under-drain, and that function primarily as infiltration devices, should not cause or contribute to the degradation of groundwater quality at project sites. An infiltration device is any structure that is designed to infiltrate stormwater into the subsurface and, as designed, bypass the natural groundwater protection afforded by surface soil.
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Infiltration devices include dry wells, injection wells, and infiltration trenches (includes french drains). C (2) For any Regulated Project that includes plans to install stormwater treatment systems which function primarily as infiltration devices, the Permittee shall require that:
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(a) Appropriate pollution prevention and source control measures are implemented to protect groundwater at the project site, including the inclusion of a minimum of two feet of suitable soil to achieve a maximum 5 inches/hour infiltration rate for the infiltration system; C
(b) Adequate maintenance is provided to maximize pollutant removal capabilities; C (c)The vertical distance from the base of any infiltration device to the seasonal high groundwater mark is at least 10 feet. (Note that some locations within the Permittees’ jurisdictions are characterized by highly porous soils and/or high groundwater tables. In these areas, a greater vertical distance from the base of the infiltration device to the seasonal high groundwater mark may be appropriate, and treatment system approvals should be subject to a higher level of analysis that considers the potential for pollutants (such as from onsite chemical use), the level of pretreatment to be achieved, and other similar factors in the overall analysis of groundwater safety); C
(d)Unless stormwater is first treated by a method other than infiltration, infiltration devices are not approved as treatment measures for runoff from areas of industrial or light industrial activity; areas subject to high vehicular traffic (i.e., 25,000 or greater average daily traffic on a main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (e.g., bus, truck); nurseries; and other land uses that pose a high threat to water quality;
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(e)Infiltration devices are not placed in the vicinity of known contamination sites unless it has been demonstrated that increased infiltration will not increase leaching of contaminants from soil, alter groundwater flow conditions affecting contaminant migration in groundwater, or adversely affect remedial activities; and
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(f) Infiltration devices are located a minimum of 100 feet horizontally away from any known water supply wells, septic systems, and underground storage tanks with hazardous materials. (Note that some locations within the Permittees’ jurisdictions are characterized by highly porous soils and/or high groundwater tables. In these areas, a greater horizontal distance from the infiltration device to known water supply wells, septic systems, or underground storage tanks with hazardous materials may be appropriate, and treatment system approvals should be subject to a higher level of analysis that considers the potential for pollutants (such as from onsite chemical use), the level of pretreatment to be achieved, and other similar factors in the overall analysis of groundwater safety).
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C.3.e. Alternative or In-Lieu Compliance with Provision C.3.b. i. The Permittees may allow a Regulated Project to provide alternative compliance with Provision C.3.b in accordance with one of the two options listed below:
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) Option 1: LID Treatment at an Offsite Location Treat a portion of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility and treat the remaining portion of the Provision C.3.d runoff with LID treatment measures at an offsite project in the same watershed. The offsite LID treatment measures must provide hydraulically-sized treatment (in accordance with Provision C.3.d) of an equivalent quantity of both stormwater runoff and pollutant loading and achieve a net environmental benefit.
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(2) Option 2: Payment of In-Lieu Fees
Treat a portion of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility and pay equivalent in-lieu fees to treat the remaing portion of the Provision C.3.d. runoff with LID treatment measures at a Regional Project. The Regional Project must acheive a net environmental benefit.
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(3) For the alternative compliance options described in Provision C.3.e.i.(1) and (2) above, offsite and Regional Projects must be completed within three years after the end of construction of the Regulated Project. However, the timeline for completion of a Regional Project may be extended, up to five years after the completion of the Regulated Project, with prior Executive Officer approval. Executive Officer approval will be granted contingent upon a demonstration of good faith efforts to implement the Regional Project, such as having funds encumbered and applying for the appropriate regulatory permits.
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ii. Special Projects
(1) When considered at the watershed scale, certain land development projects characterized as smart growth, high density, or transit-oriented development can either reduce existing impervious surfaces, or create less “accessory” impervious areas and automobile-related pollutant impacts.
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Incentive LID Treatment Reduction Credits approved by the Water Board may be applied to these Special Projects, which are Regulated Projects that meet the specific criteria listed below in Provision C.3.e.ii.(2). For any Special Project, the allowable incentive LID Treatment Reduction Credit is the maximum percentage of the amount of runoff identified in Provision C.3.d. for the Special Project’s drainage area, that may be treated with one or a combination of the following two types of non-LID treatment systems:
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· Tree-box-type high flowrate biofilters C
· Vault-based high flowrate media filters C
The allowed LID Treatment Reduction Credit recognizes that density and space limitations for the Special Projects identified herein may make 100% LID treatment infeasible.
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(2) Prior to granting any LID Treatment Reduction Credits, Permittees must first establish all the following: C (a) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite;
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(b)The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures offsite or paying in-lieu fees to treat 100% of the Provision C.3.d runoff with LID treatment measures at an offsite or Regional Project; and C
(c)The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with some combination of LID treatment measures onsite, offsite, and/or paying in-lieu fees towards at an offsite or Regional Project.
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For each Special Project, a Permittee shall document the basis of infeasibility used to establish technical and/or economic infeasibility.Under Provision C.3.e.vi, each Permittee is required to report on the infeasibility of 100% LID treatment in each scenario described in Provision C.3.e.ii.(2)(a)-(c) above, for each of the Special Projects for which LID Treatment Reduction Credit was applied.
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(3) Category A Special Project Criteria
(a) To be considered a Category A Special Project, a Regulated Project must meet all of the following criteria:
(i) Be built as part of a Permittee’s stated objective to preserve or enhance a pedestrian-oriented type of urban design.
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(ii) Be located in a Permittee’s designated central business district, downtown core area or downtown core zoning district, neighborhood business district or comparable pedestrian-oriented commercial district, or historic preservation site and/or district.
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(iii) Create and/or replace one half acre or less of impervious surface area. C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(iv) Include no surface parking, except for incidental surface parking. Incidental surface parking is allowed only for emergency vehicle access, Americans with Disabilities Act (ADA) accessibility, and passenger and freight loading zones.
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(v) Have at least 85% coverage for the entire project site by permanent structures. The remaining 15% portion of the site is to be used for safety access, parking structure entrances, trash and recycling service, utility access, pedestrian connections, public uses, landscaping, and stormwater treatment.
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(b) Any Category A Special Project may qualify for 100% LID Treatment Reduction Credit, which would allow the Category A Special Project to treat up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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(4) Category B Special Project Criteria C
(a) To be considered a Category B Special Project, a Regulated Project must meet all of the following criteria: C (i) Be built as part of a Permittee’s stated objective to preserve or enhance a pedestrian-oriented type of urban design. C (ii) Be located in a Permittee’s designated central business district, downtown core area or downtown core zoning district, neighborhood business district or comparable pedestrian- oriented commercial district, or historic preservation site and/or district.
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(iii) Create and/or replace greater than one-half acre but no more than 2 acres of impervious surface area. C (iv) Include no surface parking, except for incidental surface parking. Incidental surface parking is allowed only for emergency vehicle access, ADA accessibility, and passenger and freight loading zones.
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(v) Have at least 85% coverage for the entire project site by permanent structures. The remaining 15% portion of the site is to be used for safety access, parking structure entrances, trash and recycling service, utility access, pedestrian connections, public uses, landscaping, and stormwater treatment.
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(b) For any Category B Special Project, the maximum LID Treatment Reduction Credit allowed is determined based on the density achieved by the Project in accordance with the criteria listed below. Density is expressed in Floor Area Ratios (FARs6) for commercial development projects, in Dwelling Units per Acre (DU/Ac) for residential development projects, and in FARs and DU/Ac for mixed-use development projects.
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(i) 50% Maximum LID Treatment Reduction Credit C
• For any commercial Category B Special Project with an FAR of at least 2:1, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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• For any residential Category B Special Project with a gross density7 of at least 50 DU/Ac, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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· For any mixed use Category B Special Project with an FAR of at least 2:1 or a gross density of at least 50 DU/Ac, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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(ii) 75% Maximum LID Treatment Reduction Credit C
· For any commercial Category B Special Project with an FAR of at least 3:1, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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• For any residential Category B Special Project with a gross density of at least 75 DU/Ac, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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• For any mixed use Category B Special Project with an FAR of at least 3:1 or a gross density of at least 75 DU/Ac, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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(iii) 100% Maximum LID Treatment Reduction Credit C
• For any commercial Category B Special Project with an FAR of at least 4:1, up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
• For any mixed use Category B Special Project with an FAR of at least 4:1 or a gross density of at least 100 DU/Ac, up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
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(5) Category C Special Project Criteria (Transit-Oriented Development) C (a) Transit-Oriented Development refers to the clustering of homes, jobs, shops and services in close proximity to rail stations, ferry terminals or bus stops offering access to frequent, high-quality transit services. This pattern typically involves compact development and a mixing of different land uses, along with amenities like pedestrian-friendly streets. To be considered a Category C Special Project, a Regulated Project must meet all of the following criteria:
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(i) Be characterized as a non-auto-related land use project. That is, Category C specifically excludes any Regulated Project that is a stand-alone surface parking lot; car dealership; auto and truck rental facility with onsite surface storage; fast-food restaurant, bank or pharmacy with drive-through lanes; gas station, car wash, auto repair and service facility; or other auto-related project unrelated to the concept of Transit-Oriented Development.
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(ii) If a commercial development project, achieve at least an FAR of 2:1. C (iii) If a residential development project, achieve at least a gross density of 25 DU/Ac. C (iv) If a mixed use development project, achieve at least an FAR of 2:1 or a gross density of 25 DU/Ac. C (b) For any Category C Special Project, the total maximum LID Treatment Reduction Credit allowed is the sum of three different types of credits that the Category C Special Project may qualify for, namely: Location, Density and Minimized Surface Parking Credits.
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(c) Location Credits C
(i)A Category C Special Project may qualify for the following Location Credits: C a. 50% Location Credit: Located within a ¼ mile radius of an existing or planned transit hub. C b. 25% Location Credit: Located within a ½ mile radius of an existing or planned transit hub. C c. 25% Location Credit: Located within a planned Priority Development Area (PDA), which is an infill development area formally designated by the Association of Bay Area Government’s / Metropolitan Transportation Commission’s FOCUS regional planning program. FOCUS is a regional incentive-based development and conservation strategy for the San Francisco Bay Area.
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(ii) Only one Location Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Location Credits. C (iii) At least 50% or more of a Category C Special Project’s site must be located within the ¼ or ½ mile radius of an existing or planned transit hub to qualify for the corresponding Location Credits listed above. One hundred percent of a Category C Special Project’s site must be located within a PDA to qualify for the corresponding Location Credit listed above.
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(iv) Transit hub is defined as a rail, light rail, or commuter rail station, ferry terminal, or bus transfer station served by three or more bus routes (i.e., a bus stop with no supporting services does not qualify). A planned transit hub is a station on the MTC’s Regional Transit Expansion Program list, per MTC’s Resolution 3434 (revised April 2006), which is a regional priority funding plan for future transit stations in the San Francisco Bay Area.
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(d) Density Credits: To qualify for any Density Credits, a Category C Special Project must first qualify for one of the Location Credits listed in Provision C.3.e.ii.(5)(c) above.
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(i) A Category C Special Project that is a commercial or mixed-use development project may qualify for the following Density Credits:
a. 10% Density Credit: Achieve an FAR of at least 2:1. b. 20% Density Credit: Achieve an FAR of at least 4:1. c. 30% Density Credit: Achieve an FAR of at least 6:1.
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(ii) A Category C Special Project that is a residential or mixed-use development project may qualify for the following Density Credits:
a. 10% Density Credit: Achieve a gross density of at least 30 DU/Ac. b. 20% Density Credit: Achieve a gross density of at least 60 DU/Ac. c. 30% Density Credit: Achieve a gross density of at least 100 DU/Ac.
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(iii) Commercial Category C Projects do not qualify for Density Credits based on DU/Ac and residential Category C Projects do not qualify for Density Credits based on FAR. Mixed use Category C Projects may use Density Credits based on either DU/Ac or FAR, but not both.
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(iv) Only one Density Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Density Credits. C (e) Minimized Surface Parking Credits: To qualify for any Minimized Surface Parking Credits, a Category C Special Project must first qualify for one of the Location Credits listed in Provision C.3.e.ii.(5)(c) above.
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(i) A Category C Special Project may qualify for the following Minimized Surface Parking Credits:
a. 10% Minimized Surface Parking Credit: Have 10% or less of the total post-project impervious surface area dedicated to at- grade surface parking. The atgrade surface parking must be treated with LID treatment measures. b. 20% Minimized Surface Parking Credit: Have no surface parking except for incidental surface parking. Incidental surface parking is allowed only for emergency vehicle access, ADA accessibility, and passenger and freight loading zones.
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(ii) Only one Minimized Surface Parking Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Minimized Surface Parking Credits.
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(6) Any Regulated Project that meets all the criteria for multiple Special Projects Categories (i.e., a Regulated Project that may be characterized as a Category B or C Special Project) may only use the LID Treatment Reduction Credit allowed under one of the Special Projects Categories (i.e., a Regulated Project that may be characterized as a Category B or C Special Project may use the LID Treatment Reduction Credit allowed under Category B or Category C, but not the sum of both.).
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iii. Implementation Level
(1) Provisions C.3.e.i-ii supersede any Alternative Compliance Policies previously approved by the Executive Officer. C (2) The definitions of FAR and gross density applicable to Provisions C.3.e.ii.(4) and (5) are effective July 1, 2016, and shall apply to all Special Projects granted final discretionary approval on or after July 1, 2016.
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(3) For all offsite projects and Regional Projects installed in accordance with Provision C.3.e.i-ii, the Permittees shall meet the Operation & Maintenance (O&M) requirements of Provision C.3.h.
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iv. Reporting – Annual reporting shall be done in conjunction with reporting requirements under Provision C.3.b.iv.(2). C Any Permittee choosing to require 100% LID treatment onsite for all Regulated Projects and not allow alternative compliance under Provision C.3.e, shall include a statement to that effect in each Annual Report.
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v. Reporting on Special Projects
(1) Permittees shall track any identified potential Special Projects, including those projects that have submitted planning applications but that have not received final discretionary approval.
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(2) In each Annual Report, Permittees shall report to the Water Board on these tracked potential Special Projects using Table 3.1 found at the end of Provision C.3. All the required column entry information listed in Table
3.1 shall be reported for each potential Special Project. Any Permittee with no Special Projects shall so state.
For each Special Project listed in Table 3.1, Permittees shall include a narrative discussion of the feasibility or infeasibility of 100% LID treatment onsite, offsite, and at a Regional Project. The narrative discussion shall address each of the following:
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(a) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite.
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(b) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures offsite or paying in-lieu fees to treat 100% of the Provision C.3.d runoff with LID treatment measures at a Regional Project.
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(c) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with some combination of LID treatment measures onsite, offsite, and/or paying in-lieu fees towards a Regional Project.
Both technical and economic feasibility or infeasibility shall be discussed, as applicable. The discussion shall also contain enough technical and/or economic detail to document the basis of infeasibility used.
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(3) Once a Special Project has final discretionary approval, it shall be reported in the Provision C.3.b. Reporting Table in the same reporting year that the project was approved. In addition to the column entries contained in the Provision C.3.b. Reporting Table in the same reporting year that the project was approved. In addition to the column entries contained in the Provision C.3.b. Reporting Table, the Permittees shall provide the following supplemental information for each approved Special Project:
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(a) Submittal Date: Date that a planning application for the Special Project was submitted. (b) Description: Type of project, number of floors, number of units (commercial, mixed-use, residential), type of parking, and other relevant information. (c) Site Acreage: Total site area in acres.
(d) Gross Density in DU/Ac: Number of dwelling units per acre. (e) Density in FAR: Floor Area Ratio.
(f) Special Project Category: For each applicable Special Project Category, list the specific criteria applied to determine applicability. For each nonapplicable Special Project Category, indicate n/a. (g) LID Treatment Reduction Credit: For each applicable Special Project Category, state the maximum total LID Treatment Reduction Credit applied. For Category C Special Projects also list the individual Location, Density, and Minimized Surface Parking Credits applied. (h) Stormwater Treatment Systems: List all proposed stormwater treatment systems and the corresponding percentage of the total amount of runoff runoff identified in Provision C.3.d. for the Project’s drainage area that will be treated by each treatment system. (i) List of Non-LID Stormwater Treatment Systems: List all non-LID stormwater treatment systems approved. For each type of non-LID treatment system, indicate: (1) the percentage of the total amount of runoff identified in Provision C.3.d. for the Special Project's drainage area, and (2) whether the treatment system either meets minimum design criteria published by a government agency or received certification issued by a government agency, and reference the applicable criteria or certification.
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C.3.f. Alternative Certification of Stormwater Treatment Systems i. Task Description – In lieu of reviewing a Regulated Project’s adherence to Provision C.3.d, a Permittee may elect to have a third party conduct detailed review and certify the Regulated Project’s adherence to Provision C.3.d. The third party reviewer must be a Civil Engineer or a Licensed Architect or Landscape Architect registered in the State of California or staff of another Permittee subject to the requirements of this Permit.
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ii. Implementation Level – Any Permittee accepting third-party reviews must make a reasonable effort to ensure that the third party has no conflict of interest with regard to the Regulated Project in question. That is, any consultant or contractor (or his/her employees) hired to design and/or construct a stormwater treatment system for a Regulated Project shall not also be the certifying third party. The Permittee must verify that the third party certifying any Regulated Project has current training on stormwater treatment system design (within three years of the certification signature date) for water quality and understands the groundwater protection principles applicable to Regulated Project sites.
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Training conducted by an organization with stormwater treatment system design expertise (such as a college or university, the American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, California Water Environment Association (CWEA), BASMAA, National Association of Flood & Stormwater Management Agencies, CASQA, or the equivalent, may be considered qualifying training.
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iii. Reporting – Projects reviewed by third parties shall be noted in reporting tables for Provision C.3.b. C C.3.g. Hydromodification Management
i. Hydromodification Management (HM) Projects are Regulated Projects that create and/or replace one acre or more of impervious surface except where one of the following applies. All HM Projects shall meet the Hydromodification Management Standard of Provision C.3.g.ii.
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(1) The post-project impervious surface area is less than, or the same as, the pre-project impervious surface area. C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
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(2) The project is located in a catchment that drains to a hardened (e.g., continuously lined with concrete) engineered channel or channels or enclosed pipes that extend continuously to the Bay, Delta, or flow- controlled reservoir, or drains to channels that are tidally influenced. (3) The project is located in a catchment or subwatershed that is highly developed (i.e., that is 70% or more impervious).8 The Hydromodification Applicability Maps developed by the Permittees in the Alameda, Santa Clara, San Mateo, and Fairfield-Suisun Programs, and the City of Vallejo, under the Previous Permit remain in effect and are provided in Attachment C to this Permit. Permittees that do not have the location-based applicability criteria (Provision C.3.g.i.(2) – (3)) shown on existing maps shall develop, or require to be developed, new maps, overlays to existing maps, or other equivalent information that demonstrates whether a project falls under one of those two criteria. Such maps, overlays, or other equivalent information shall be acceptable to the Executive Officer and shall not be effective until accepted by the Executive Officer.
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ii. HM Standard
Stormwater discharges from HM Projects shall not cause an increase in the erosion potential of the receiving stream over the pre-project (existing) condition. Increases in runoff flow and volume shall be managed so that post-project runoff shall not exceed estimated pre-project rates and durations, where such increased flow and/or volume is likely to cause increased potential for erosion of creek beds and banks, silt pollutant generation, or other adverse impacts on beneficial uses due to increased erosive force. The demonstration that post-project stormwater runoff does not exceed estimated preproject runoff rates and durations shall include the following:
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(1) Range of Flows to Control: For Alameda, Contra Costa, San Mateo, and Santa Clara Permittees, and the City of Vallejo, HM controls shall be designed such that post-project stormwater discharge rates and durations match pre-project discharge rates and durations from 10 percent of the pre-project 2- year peak flow9 up to the pre-project 10-year peak flow. For Fairfield-Suisun Permittees, HM controls shall be designed such that post- project stormwater discharge rates and durations shall match from 20 percent of the 2-year peak flow up to the pre-project 10-year peak flow. (2) Goodness of Fit Criteria: The post-project flow duration curve shall not deviate above the pre-project flow duration curve by more than 10 percent over more than 10 percent of the length of the curve corresponding to the range of flows to control.
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(3) Standard HM Modeling: Permittees shall use, or shall cause to be used, a continuous simulation hydrologic computer model to simulate pre-project and post-project runoff, or sizing factors or charts developed using such a model, to design onsite or regional HM controls. The Permittees shall compare, or shall cause to be compared, the pre-project and post-project model output for a long-term rainfall record and shall show that applicable performance criteria in C.3.g.ii.(1)-(3) above are met. HM controls designed using the Bay Area Hydrology Model (BAHM) and site-specific input data shall be considered to meet the HM Standard. Such use must be consistent with directions and options set forth in the most current BAHM User Manual. Modifications to the BAHM shall be acceptable to the Executive Officer, shall be consistent with the requirements of this Provision, and shall be reported as required below:
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• Precipitation Data: Precipitation data used in the modeling of HM controls shall, at a minimum, be 30 years of hourly rainfall data representative of the area being modeled. Where a longer rainfall record is available, the longer record shall be used. • Calculating Post-Project Runoff: Retention and detention basins shall be considered impervious surfaces for purposes of calculating post-project runoff. Pre- and post-project runoff shall be calculated and compared for the entire site, without separating or excluding areas that may be considered self-retaining.
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iii. HM Standard – Methodology for Direct Simulation of Erosion Potential The Permittees may, collectively, propose an additional method, using direct simulation of erosion potential, by which to meet the HM Standard in Provision C.3.g.ii. Such a method shall be submitted to the Water Board for review and shall not be effective until approved by the Executive Officer. At a minimum, a proposal to use this additional method shall demonstrate that stormwater discharges from HM Projects using the method will not cause an increase in the erosion potential of the receiving stream over the pre-project (existing) condition, and that increases in runoff flow and volume will be managed so that post-project runoff does not exceed estimated pre-project rates and durations, where such increased flow and/or volume is likely to cause increased potential for erosion of creek beds and banks, silt pollutant generation, or other adverse impacts on beneficial uses due to increased erosive force. Such demonstration shall include, but not be limited to:
(1) An appropriately detailed discussion of the theoretical approach behind the method and the results for the areas to which it is proposed to be applied; C
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(2) Appropriate continuous simulation hydrologic modeling using Region- specific field data, including creek data (cross sections, longitudinal data, etc.), precipitation data (a record of at least 30 years of hourly data that is appropriately representative of the areas where the method is to be applied), safety factor(s), and HM control designs; and
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(3) A description of how the method will be applied, including any models produced and how they will be used by the Permittees and/or project proponents. Such description shall include a listing of HM controls that may be used to comply with the HM requirements of this Permit, a description, with appropriate technical support, of how they will be sized to comply and how the Permittees will ensure appropriate implementation of the method, and all other necessary information, as appropriate.
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iv. Types of HM Controls
Projects shall meet the HM Standard using any of the following HM controls or a combination thereof: C (1) Onsite HM controls are flow duration control structures, LID features and facilities, and hydrologic source controls that collectively result in the HM Standard being met at the point(s) where stormwater runoff discharges from the project site.
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(2) Regional HM controls are flow duration control structures that collect stormwater runoff discharge from multiple projects (each of which shall incorporate hydrologic source control measures as well) and are designed such that the HM Standard is met for all the projects at the point where the regional HM control discharges.
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(3) In-stream measures shall be an option only where the stream, which receives runoff from the project, is already impacted by erosive flows and shows evidence of excessive sediment, erosion, deposition, or is a hardened channel.
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In-stream measures involve modifying the receiving stream channel slope and geometry so that the stream can convey the new flow regime without increasing the potential for erosion and aggradation. In-stream measures are intended to improve long-term channel stability and prevent erosion by reducing the erosive forces imposed on the channel boundary.
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In-stream measures, or a combination of in-stream and onsite controls, shall be designed to achieve the HM Standard from the point where the project(s) discharge(s) to the stream to the mouth of the stream or to achieve an equivalent degree of flow control mitigation (based on amount of impervious surface mitigated) as part of an in-stream project located in the same watershed. Designing in-stream controls requires a hydrologic and geomorphic evaluation (including a longitudinal profile) of the stream system downstream and upstream of the project. As with all in-stream activities, other regulatory permits must be obtained by the project
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v. Implementation Level
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All HM Projects shall meet the HM Standard in Provision C.3.g.ii immediately. For Contra Costa Permittees, Projects receiving final planning entitlements on or before January 3, 2018, may be allowed to use the Contra Costa design standards from the Previous Permit. After January 3, 2018, for Contra Costa Permittees, Projects shall comply with the Contra Costa design standards, including any modifications made.
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vi. Reporting
(1) New HM Applicability Maps or equivalent information prepared pursuant to Provision C.3.g.i, for those Permittees who do not have an approved Map, shall be submitted, acceptable to the Executive Officer, not later than the second Annual Report following the Permit’s effective date.
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(2) Contra Costa Permittees shall, with the 2017 Annual Report , submit a technical report, acceptable to the Executive Officer, consisting of an HM Management Plan describing how Contra Costa will implement the Permit’s HM requirements (e.g., how it will update or modify its practices to meet Permit requirements). At a minimum, the technical report shall provide additional analysis and discussion as to how existing data appropriately evaluates how existing practices available for use meet the Permit’s HM requirements, including limit conditions. The report shall, as necessary, propose modifications to Contra Costa’s current HM practices, or propose alternate practices that have been accepted by the Water Board, to meet the Permit’s HM requirements. The report may also: provide additional data on monitored installations; provide additional analysis and discussion as to how existing and additional data appropriately evaluates existing practices, including limit conditions and the range of conditions present across Contra Costa County; and provide other information or discussion, as appropriate.
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(3) Reporting of HM projects shall be as described in Provision C.3.b. C (4) Permittees shall report collectively, with each Annual Report, a listing, summary, and date of modifications made to the BAHM, including the technical rationale. This shall be prepared at the countywide program level and submitted on behalf of participating Permittees.
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(5) In addition, for each HM Project approved during the reporting period, Permittees shall collect and make available the following information.
Information shall be reported electronically, and, where appropriate, in tabular form.
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• Device(s) or method(s) used to meet the HM Standard, such as detention basin(s), biodetention unit(s), regional detention basin, or in-stream control(s); • Method used by the project proponent to design and size the device or method used to meet the HM Standard; • Site plans identifying impervious areas, surface flow directions for the entire site, and location(s) of HM measures; • For projects using standard sizing charts, a summary of sizing calculations used; • For projects using the BAHM, a listing of model inputs; and • For projects using custom modeling, a summary of the modeling calculations with a corresponding graph showing curve matching (existing, post-project, and post-project-with HM controls curves).
C.3.h. Operation and Maintenance of Stormwater Treatment Systems i. Task Description – Each Permittee shall implement an Operation and Maintenance (O&M) Verification Program. ii. Implementation Level – At a minimum, the O&M Verification Program shall include the following elements:
(1) Conditions of approval or other legally enforceable agreements or mechanisms for all Regulated Projects that, at a minimum, require at least one of the following from all project proponents and their successors in control of the Project or successors in fee title:
(a) The project proponent’s signed statement accepting responsibility for the O&M of the installed pervious pavement system(s) (if any), onsite, joint, and/or offsite stormwater treatment system(s), and HM control(s) (if any) until such responsibility is legally transferred to another entity; C
(b) Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the O&M of the pervious pavement system(s) (if any), onsite, joint, and/or offsite installed stormwater treatment system(s), and HM control(s) (if any) until such responsibility is legally transferred to another entity; C
(c) Written text in project deeds, or conditions, covenants and restrictions (CCRs) for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the O&M of the installed pervious pavement system(s) (if any), onsite, joint, and/or offsite stormwater treatment system(s), and HM control(s) (if any) until such responsibility is legally transferred to another entity; or C
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(d) Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the O&M responsibility for the installed pervious pavement system(s) (if any), onsite, joint, and/or offsite treatment system(s) and HM control(s) (if any) to the project owner(s) or the Permittee.
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(2) Coordination with the appropriate mosquito and vector control agency with jurisdiction to establish a protocol for notification of installed stormwater treatment systems and HM controls.
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(3) Conditions of approval or other legally enforceable agreements or mechanisms for all Regulated Projects that require the granting of site access to all representatives of the Permittee, local mosquito and vector control agency staff, and Water Board staff, for the sole purpose of performing O&M inspections of the installed pervious pavement system(s) (if any), stormwater treatment system(s) and HM control(s) (if any).
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(4) A database or equivalent tabular format of the following: C (a) All pervious pavement system(s) that total 3000 square feet or more installed at Regulated Projects, offsite, or at a Regional Project. The total square footage should not include pervious pavement systems installed as private-use patios for single family homes, townhomes, or condominiums.
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(b) All stormwater treatment systems installed onsite at Regulated Projects, offsite, or at a joint or Regional Project. all HM controls installed onsite at Regulated Projects, offsite, or at a joint or Regional Project. (5) The database or equivalent tabular format required in Provision C.3.h.ii.(4) shall include the following information for each Regulated Project, offsite project, and Regional Project:
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(a) Name and address of the project; C
(b) Names of the owner(s) and responsible operator(s) of the installed pervious pavement system(s) (if any), stormwater treatment system(s), and/or HM control(s);
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(c) Specific description of the location (or a map showing the location) of the installed pervious pavement system(s) (if any), stormwater treatment system(s), and HM control(s) (if any);
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(d) Date(s) that the pervious pavement system(s) (if any), stormwater treatment system(s), and HM controls (if any) was/were installed; C (e) Description of the type and size of the pervious pavement systems (if any), stormwater treatment system(s), and HM control(s) (if any) installed; C (f) Detailed information on O&M inspections. For each inspection, include the following: C (i) Date of inspection.
(ii) Type of inspection (e.g., installation, annual, followup, spot). (iii) Type(s) of pervious pavement systems inspected (e.g., pervious concrete, pervious asphalt, pervious pavers). (iv) Type(s) of stormwater treatment systems inspected (e.g., swale, bioretention unit, tree well) and an indication of whether the treatment system is an onsite, joint, or offsite system.
(v) Type of HM controls inspected.
(vi) Inspection findings or results (e.g., proper installation, proper operation and maintenance, system not operating properly because of plugging, bypass of stormwater because of improper installation or maintenance, maintenance required immediately). (vii) Enforcement action(s) taken, if any (e.g., verbal warning, notice of violation, compliance schedule, administrative citation, administrative order). (6) A prioritized O&M Inspection Plan for inspecting all pervious pavement systems that total 3,000 square feet or more (excluding private-use patios for single family homes, townhomes, or condominiums), stormwater treatment systems and HM controls installed at Regulated Projects, offsite locations, and/or at joint or Regional Projects. For residential subdivisions with pervious pavement systems that include individual driveways, inspection of a representative number of driveways is sufficient. At a minimum, the O&M Inspection Plan must specify the following for each fiscal year:
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(a) Inspection by the Permittee of all newly installed pervious pavement systems that total 3,000 square feet or more (excluding private-use patios for single family homes, townhomes, or condominiums), stormwater treatment systems, and HM controls (at Regulated Projects, offsite locations, and/or at joint or Regional Projects) at the completion of installation to ensure approved plans have been followed. For residential subdivisions with pervious pavement systems that include individual driveways, inspection of a representative number of driveways is sufficient; C
(b) Inspection by the Permittee of an average of 20 percent, but no less than 15 percent, of the total number (at the end of the preceding fiscal year) of Regulated Projects, offsite projects, or Regional Projects. Each inspection shall include inspection of all pervious pavement systems that total 3,000 square feet or more (excluding private-use patios for single family homes, townhomes, or condominiums), stormwater treatment systems, and HM controls installed at the Regulated Project, offsite project, or Regional Project. For residential subdivisions with pervious pavement systems that include individual driveways, inspection of a representative number of driveways is sufficient; C
(c) Inspection by the Permittee of all Regulated Projects, offsite projects, or Regional Projects at least once every five years. Each inspection shall include inspection of all pervious pavement systems that total 3,000 square feet or more (excluding private-use patios for single family homes, townhomes, or condominiums), stormwater treatment systems, and HM controls installed at the Regulated Project, offsite project, or Regional Project. For residential subdivisions with pervious pavement systems that include individual driveways, inspection of a representative number of driveways is sufficient; and C
(d) For vault-based stormwater treatment systems, Permittees may accept 3rd party inspection reports in lieu of conducting Permittee O&M inspections only if the 3rd party inspections are conducted at least annually. Information from each 3rd party inspection shall be included in the database or tabular format required in Provision C.3.h.ii.(5) and each inspection shall be clearly identified as a 3rd party inspection.
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Each 3rd party inspection report must clearly document the following: C (i) Name of 3rd party inspection company.
(ii) Date of inspection.
(iii) Condition of the treatment unit(s) at the time of inspection. (iv) Description of maintenance activities performed during the inspection. (v) Date- and time-stamped photographs of the inside of the vault unit(s) before and after maintenance activities. (7) An Enforcement Response Plan (ERP) for all O&M inspections that serves as a reference document for inspection staff so that consistent enforcement actions can be taken to bring development projects into compliance. At a minimum, the ERP must contain the following:
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(a) Enforcement Procedures – A description of the Permittee’s procedures from the discovery of problems through the confirmation of implementation of corrective actions. This shall include guidance for recognizing common problems with the different types of pervious pavement systems, stormwater treatment systems, and/or HM controls, remedies for the problems, and appropriate enforcement actions, followup inspections, and appropriate time periods for implementation of corrective actions, and the roles and responsibilities of staff responsible for implementing the ERP.
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(b) Enforcement Tools and Field Scenarios – A discussion of the various, escalating enforcement tools appropriate for different field scenarios of problems identified with the pervious pavement systems, stormwater treatment systems, and/or HM controls as well as for different types of inadequate response to enforcement actions taken.
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(c) Timely Correction of Identified Problems – A description of the Permittee’s procedures for assigning due dates for corrective actions. Permittees shall require timely correction of all identified problems with the pervious pavement systems, stormwater treatment systems, and/or HM controls.
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Corrective actions shall be implemented no longer than 30 days after a problem is identified by an inspector. Corrective actions can be temporary and more time may be allowed for permanent corrective actions. If more than 30 days are required for compliance, a rationale shall be recorded in the electronic database or equivalent tabular system.
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iii. Due Date for Implementation: Immediate, except as follows: C (1) July 1, 2016, for Provision C.3.h.ii.(6) and all requirements pertaining to pervious pavement systems in Provisions C.3.h.ii.(1)-(5), C.3.h.iv., and C.3.h.v. C (2) July 1, 2017, for Provision C.3.h.ii.(7). C
iv. Maintenance Approvals: The Permittees shall ensure that all pervious pavement systems that total 3,000 square feet or more (excluding private-use patios for single family homes, townhomes, or condominiums), stormwater treatment systems, and HM controls installed onsite, offsite, or at a joint or Regional Project by development proponents are properly operated and maintained for the life of the projects. In cases where the responsible party for a pervious pavement system, stormwater treatment system or HM control has worked diligently and in good faith with the appropriate State and federal agencies to obtain approvals necessary to complete maintenance activities, but these approvals are not granted, the Permittees shall be deemed to be in compliance with this Provision. Permittees shall ensure that constructed wetlands installed by Regulated Projects and used for urban runoff treatment shall abide by the Water Board’s Resolution No. 94-102: Policy on the Use of Constructed Wetlands for Urban Runoff Pollution Control and the O&M requirements contained therein.
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v. Reporting
(1) The database or equivalent tabular format required in Provisions C.3.b.ii.(4) and (5) shall be maintained by the Permittees. Upon request from the Executive Officer, information from this database or equivalent tabular format shall be submitted to Water Board staff for review. The requested information may include specific details on each inspection conducted within particular timeframes, such as several fiscal years.
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(2) On an annual basis, before the wet season, provide a list of newly installed (installed within the reporting period) stormwater treatment systems and HM controls to the local mosquito and vector control agency and the Water Board. This list shall include the facility locations and a description of the stormwater treatment measures and HM controls installed.
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(3) Each Permittee shall report the following information in the Annual Report each year: C (a) Total number of Regulated Projects in the Permittee’s database or tabular format as of the end of the reporting period (fiscal year). (b) Total number of Regulated Projects, offsite projects, and Regional Projects inspected during the reporting period (fiscal year). (c) Percentage of the total number of Regulated Projects that were inspected during the reporting period (fiscal year). (d) A discussion of the inspection findings for the year and any common problems encountered with various types of pervious pavement systems, treatment systems and/or HM controls. This discussion should include a general comparison to the inspection findings from the previous year. (e) A discussion of the effectiveness of the Permittee’s O&M Program and any proposed changes to improve the O&M Program (e.g., changes in prioritization plan or frequency of O&M inspections, other changes to improve effectiveness of program). (f) For the 2016 Annual Report, Permittees may report on the total number and percentage of treatment and HM controls inspected, and exclude discussion of inspection findings for pervious pavement systems. (4) Each Permittee shall certify in the 2017 Annual Report that an Enforcement Response Plan has been completed by July 1, 2017.
C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family Home Projects i. Task Description – The Permittees shall require all development projects, which create and/or replace > 2,500 ft2 to < 10,000 ft2 of impervious surface, and detached single-family home projects,11 which create and/or replace 2,500 square feet or more of impervious surface, to install one or more of the following site design measures:
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• Direct roof runoff into cisterns or rain barrels for reuse. • Direct roof runoff onto vegetated areas.
• Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways, and/or patios with permeable surfaces.2 • Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces.2 C
This provision applies to all development projects that require approvals and/or permits issued under the Permittees’ planning, building, or other comparable authority.
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ii. Reporting – On an annual basis, discuss the implementation of the requirements of Provision C.3.i, including ordinance revisions, permit conditions, development of standard specifications and/or guidance materials, and staff training.
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C.3.j. Green Infrastructure Planning and Implementation The Permittees shall complete and implement a Green Infrastructure Plan for the inclusion of low impact development drainage design into storm drain infrastructure on public and private lands, including streets, roads, storm drains, parking lots, building roofs, and other storm drain infrastructure elements.
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The Plan is intended to serve as an implementation guide and reporting tool during this and subsequent Permit terms to provide reasonable assurance that urban runoff TMDL wasteload allocations (e.g., for the San Francisco Bay mercury and PCBs TMDLs) will be met, and to set goals for reducing, over the long term, the adverse water quality impacts of urbanization and urban runoff on receiving waters. For this Permit term, the Plan is being required, in part, as an alternative to expanding the definition of Regulated Projects prescribed in Provision C.3.b to include all new and redevelopment projects that create or replace 5,000 square feet or more of impervious surface areas and road projects that just replace existing imperious surface area. It also provides a mechanism to establish and implement alternative or in-lieu compliance options for Regulated Projects and to account for and justify Special Projects in accordance with Provision C.3.e.
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Over the long term, the Plan is intended to describe how the Permittees will shift their impervious surfaces and storm drain infrastructure from gray, or traditional storm drain infrastructure where runoff flows directly into the storm drain and then the receiving water, to green—that is, to a more-resilient, sustainable system that slows runoff by dispersing it to vegetated areas, harvests and uses runoff, promotes infiltration and evapotranspiration, and uses bioretention and other green infrastructure practices to clean stormwater runoff.
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The Plan shall also identify means and methods to prioritize particular areas and projects within each Permittee’s jurisdiction, at appropriate geographic and time scales, for implementation of green infrastructure projects. Further, it shall include means and methods to track the area within each Permittee’s jurisdiction that is treated by green infrastructure controls and the amount of directly connected impervious area. As appropriate, it shall incorporate plans required elsewhere within this Permit, and specifically plans required for the monitoring of and to ensure appropriate reductions in trash, PCBs, mercury, and other pollutants.
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The Permittees may comply with any requirement of this Provision through a collaborative effort. C i. Green Infrastructure Program Plan Development
Each Permittee shall: C
(1) Prepare a framework or workplan that describes specific tasks and timeframes for development of its Green Infrastructure Plan. This framework or workplan shall be approved by the Permittee’s governing body, mayor, city manager, or county manager by June 30, 2017. At a minimum, the framework or workplan shall include a statement of purpose, tasks, and timeframes to complete the elements listed in Provision C.3.j.i.(2) below.
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(2) Prepare a Green Infrastructure Plan, subject to Executive Officer approval, that contains the following elements: C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
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(a) A mechanism (e.g., SFEI’s GreenPlanIT tool or another tool) to prioritize and map areas for potential and planned projects, both public and private, on a drainage-area-specific basis, for implementation over the following time schedules, which are consistent with the timeframes for assessing load reductions specified in Provisions C.11. and C.12:
(i) By 2020;
(ii) By 2030; and
(iii) By 2040.
The mechanism shall include criteria for prioritization (e.g., specific logistical constraints, water quality drivers (e.g., TMDLs), opportunities to treat runoff from private parcels in retrofitted street right-of-way) and outputs (e.g., maps, project lists) that can be incorporated into the Permittee’s long-term planning and capital improvement processes.
(b) Outputs from the mechanism described above, including, but not limited to, the prioritization criteria, maps, lists, and all other information, as appropriate. Individual project-specific reviews completed using these mechanisms are not required to be submitted with the Plan, but shall be made available upon request.
(c) Targets for the amount of impervious surface, from public and private projects, within the Permittee’s jurisdiction to be retrofitted over the following time schedules, which are consistent with the timeframes for assessing load reductions specified in Provisions C.11. and C.12:
(i) By 2020;
(ii) By 2030; and
(iii) By 2040.
(d) A process for tracking and mapping completed projects, public and private, and making the information publically available (e.g., SFEI’s GreenPlanIT tool).
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(e) General guidelines for overall streetscape and project design and construction so that projects have a unified, complete design that implements the range of functions associated with the projects. For example, for streets, these functions include, but are not limited to, street use for stormwater management, including treatment, safe pedestrian travel, use as public space, for bicycle, transit, vehicle movement, and as locations for urban forestry.
The guidelines should call for the Permittee to coordinate, for example, street improvement projects so that related improvements are constructed simultaneously to minimize conflicts that may impact green infrastructure.
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(f) Standard specifications and, as appropriate, typical design details and related information necessary for the Permittee to incorporate green infrastructure into projects in its jurisdiction. The specifications shall be sufficient to address the different street and project types within a Permittee’s jurisdiction, as defined by land use and transportation characteristics.
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(g) Requirement(s) that projects be designed to meet the treatment and hydromodification sizing requirements in Provisions C.3.c. and C.3.d. For street projects not subject to Provision C.3.b.ii. (i.e., non- Regulated Projects), Permittees may collectively propose a single approach with their Green Infrastructure Plans for how to proceed should project constraints preclude fully meeting the C.3.d sizing requirements. The single approach can include different options to address specific issues or scenarios. That is, the approach shall identify the specific constraints that would preclude meeting the sizing requirements and the design approach(es) to take in that situation. The approach should also consider whether a broad effort to incorporate hydromodification controls into green infrastructure, even where not otherwise required, could significantly improve creek health and whether such implementation may be appropriate, plus all other information, as appropriate (e.g., how to account for load reduction for the PCBs or mercury TMDLs). (h) A summary of the planning documents the Permittee has updated or otherwise modified to appropriately incorporate green infrastructure requirements, such as: General Plans, Specific Plans, Complete Streets Plans, Active Transportation Plans, Storm Drain Master Plans, Pavement Work Plans, Urban Forestry Plans, Flood Control or Flood Management Plans, and other plans that may affect the future alignment, configuration, or design of impervious surfaces within the Permittee’s jurisdiction, including, but not limited to, streets, alleys, parking lots, sidewalks, plazas, roofs, and drainage infrastructure. Permittees are expected to complete these modifications as a part of completing the Green Infrastructure Plan, and by not later than the end of the permit term.
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(i) To the extent not addressed above, a workplan identifying how the Permittee will ensure that green infrastructure and low impact development measures are appropriately included in future plans (e.g., new or amended versions of the kinds of plans listed above).
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(j) A workplan to complete prioritized projects identified as part of a Provision C.3.e Alternative Compliance program or part of Provision C.3.j Early Implementation.
(k) An evaluation of prioritized project funding options, including, but not limited to: Alternative Compliance funds; grant monies, including transportation project grants from federal, State, and local agencies; existing Permittee resources; new tax or other levies; and other sources of funds.
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(3) Adopt policies, ordinances, and/or other appropriate legal mechanisms to ensure implementation of the Green Infrastructure Plan in accordance with the requirements of this provision.
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(4) Conduct outreach and education in accordance with the following:
(a) Conduct public outreach on the requirements of this provision, including outreach coordinated with adoption or revision of standard specifications and planning documents, and with the initiation and planning of infrastructure projects. Such outreach shall include general outreach and targeted outreach to and training for professionals involved in infrastructure planning and design. (b) Train appropriate staff, including planning, engineering, public works maintenance, finance, fire/life safety, and management staff on the requirements of this provision and methods of implementation.
(c) Educate appropriate Permittee elected officials (e.g., mayors, city council members, county supervisors, district board members) on the requirements of this provision and methods of implementation.
(5) Report on Green Infrastructure Planning as follows:
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(a) Each Permittee shall submit documentation in the 2017 Annual Report that its framework or workplan for development of its Green Infrastructure Plan was approved by its governing body, mayor, city manager, or county manager by June 30. 2017.
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(b) Each Permittee shall submit its completed Green Infrastructure Plan with the 2019 Annual Report. C (c) Each Permittee shall submit documentation of its legal mechanisms to ensure implementation of its Green Infrastructure Plan with the 2019 Annual Report.
(d) Each Permittee shall submit a summary of its outreach and education efforts in each Annual Report. ii. Early Implementation of Green Infrastructure Projects (No Missed Opportunities) Each Permittee shall:
(1) Prepare and maintain a list of green infrastructure projects, public and private, that are already planned for implementation during the permit term and infrastructure projects planned for implementation during the permit term that have potential for green infrastructure measures.
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(2) Submit the list with each Annual Report and a summary of planning or implementation status for each public green infrastructure project and each private green infrastructure project that is not also a Regulated Project as defined in Provision C.3.b.ii. Include a summary of how each public infrastructure project with green infrastructure potential will include green infrastructure measures to the maximum extent practicable during the permit term. For any public infrastructure project where implementation of green infrastructure measures is not practicable, submit a brief description of the project and the reasons green infrastructure measures were impracticable to implement.
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iii. Participate in Processes to Promote Green Infrastructure (1) The Permittees shall, individually or collectively, track processes, assemble and submit information, and provide informational materials and presentations as needed to assist relevant regional, State, and federal agencies to plan, design, and fund incorporation of green infrastructure measures into local infrastructure projects, including transportation projects. Issues to be addressed include coordinating the timing of funding from different sources, changes to standard designs and design criteria, ranking and prioritizing projects for funding, and implementation of cooperative in-lieu programs. (2) In each Annual Report, Permittees shall report on the goals and outcomes during the reporting year of work undertaken to participate in processes to promote green infrastructure.
(3) In the 2019 Annual Report, Permittees shall submit a plan and schedule for new and ongoing efforts to participate in processes to promote green infrastructure.
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iv. Tracking and Reporting Progress
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(1) The Permittees shall, individually or collectively, develop and implement regionally-consistent methods to track and report implementation of green infrastructure measures including treated area and connected and disconnected impervious area on both public and private parcels within their jurisdictions. The methods shall also address tracking needed to provide reasonable assurance that wasteload allocations for TMDLs, including the San Francisco Bay PCBs and mercury TMDLs, and reductions for trash, are being met.
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(2) In each Annual Report, Permittees shall report progress on development and implementation of the tracking methods. C (3) In the 2019 Annual Report, Permittees shall submit the tracking methods and report implementation of green infrastructure measures including treated area, and connected and disconnected impervious area on both public and private parcels within their jurisdictions.
Table 3.1 Standard Tracking and Reporting Form for Potential Special Projects Project No: Number of the Special Project as it appears in Table 3.1 Permittee: Name of the Permittee in whose jurisdiction the Special Project will be built.
Address: Address of the Special Project; if no street address, state the cross streets.
Submittal Date: Date that a planning application for the Special Project was submitted; if a planning application has not been submitted, include a projected application submittal date.
Description: Type of project (commercial, mixed-use, residential), number of floors, number of units, type of parking, and other relevant information.
Site Acreage: Total site area in acres.
Gross Density in DU/Ac: Number of dwelling units per acre.
FAR: Floor Area Ratio
Special Project Category: For each Special Project Category, indicate applicability. If a Category is applicable, list the specific criteria applied to determine applicability.
LID Treatment Reduction Credit: For each applicable Special Project Category, state the maximum total LID Treatment Reduction Credit available. For Category C Special Projects also list the individual Location, Density, and Minimized Surface Parking Credits available.
Stormwater Treatment Systems: List all proposed stormwater treatment systems and the corresponding percentage of the total amount of runoff runoff identified in Provision C.3.d. for the Project’s drainage area that will be treated by each treatment system.
C.4. Industrial and Commercial Site Controls
Each Permittee shall implement an industrial and commercial site control program at all sites that could reasonably be considered to cause or contribute to pollution of stormwater runoff. Permittees shall conduct inspections, effective followup, and enforcement to abate potential and actual nonstormwater discharges, consistent with each Permittee’s respective Enforcement Response Plan. These combined efforts will prevent the discharge of pollutants and impacts to beneficial uses of receiving waters. Inspections shall confirm implementation of appropriate and effective BMPs and other pollutant controls by industrial and commercial site operators.
C.4.a. Legal Authority for Effective Site Management
i. Task Description – Permittees shall have sufficient legal authority to inspect, require effective stormwater pollutant control, and implement progressively stricter enforcement to achieve expedient compliance and pollutant abatement at commercial and industrial sites within their jurisdiction. ii. Implementation Level – Permittees shall have the legal authority to oversee, inspect, and require expedient compliance and pollution abatement at all industrial and commercial sites which may be reasonably considered to cause or contribute to pollution of stormwater runoff. Permittees shall have the legal authority to require implementation of appropriate BMPs at industrial and commercial facilities to address pollutant sources associated with outdoor process and manufacturing areas; outdoor material storage areas; outdoor waste storage and disposal areas; outdoor vehicle and equipment storage and maintenance areas; outdoor parking areas and access roads; outdoor wash areas; outdoor drainage from indoor areas, rooftop equipment; and contaminated and erodible surface areas; and other sources determined by the Permittees or the Water Board Executive Officer to have a reasonable potential to contribute to pollution of stormwater runoff.
C.4.b. Industrial and Commercial Business Inspection Plan (Inspection Plan) C
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i. Task Description – Permittees shall continue to update and implement an Inspection Plan that will serve as a prioritized inspection workplan. This Inspection Plan will allow inspection staff to categorize the commercial and industrial sites within the Permittee’s jurisdiction by pollutant threat and inspection frequency, change inspection frequency based on site performance, and add and remove sites as businesses open and close.
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ii. Implementation Level
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(1) Facilities For Prioritization Into Inspection Plan D Commercial and industrial facilities with the functional aspects and types described below, and other facilities identified by the Permittees as reasonably likely to contribute to pollution of stormwater runoff, shall be prioritized for inspection on the basis of the potential for water quality impact using criteria such as pollutant sources on site, pollutants of concern, proximity to a waterbody, potential and actual discharge history of the facility, and other relevant factors. The following are some of the functional aspects of businesses and types of businesses that shall be included in the Inspection Plan:
(a) Sites that include the following types of functions that may produce pollutants when exposed to stormwater include, but are not limited to:
• Outdoor process and manufacturing areas
• Outdoor material storage areas
• Outdoor waste storage and disposal areas
• Outdoor vehicle and equipment storage and maintenance areas • Outdoor wash areas
• Outdoor drainage from indoor areas
• Rooftop equipment
• Other sources determined by the Permittee or Water Board as reasonably likely to contribute to pollution of stormwater runoff. (b) The following types of industrial and commercial businesses that have a reasonable likelihood to be sources of pollutants to stormwater and nonstormwater discharges:
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• Industrial facilities, as defined at 40 CFR 122.26(b)(14), including those subject to the Statewide NPDES General Permit for Stormwater Discharges Associated with Industrial Activity (hereinafter the Industrial General Permit); D
• Vehicle Salvage yards;
• Metal and other recycled materials collection facilities, and waste transfer facilities; • Vehicle mechanical repair, maintenance, fueling, or cleaning facilities • Building trades central facilities or yards, corporation yards; • Nurseries and greenhouses;
• Building material retailers and storage;
• Plastic manufacturers; and
• Other facilities designated by the Permittee or Water Board to be reasonably likely to contribute to pollution of stormwater runoff. (2) Inspection Plan – The Inspection Plan shall be updated annually and shall contain the following information:
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(a) A description of the process for prioritizing inspections and frequency of inspections. The prioritization criteria shall assign a more frequent inspection schedule to the highest priority facilities per Provision C.4.b.ii.(1). If any geographical areas are to be targeted for inspections due to high potential for stormwater pollution, these areas should be indicated in the Inspection Plan. (b) Assign appropriate inspection frequency for each industrial and commercial facility based on the priority established in Provision C.4.b.ii.(2)(a) above, potential for contributing pollution to stormwater runoff, and commensurate with the threat to water quality. (c) A mechanism to include new businesses that warrant inspections.
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(d) Total number and a list of all industrial and commercial facilities requiring inspections, within each Permittee’s jurisdiction, based on the prioritization criteria established in Provision C.4.(b)ii.(2)(a). This list shall be updated annually.
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(e) List of facilities scheduled for inspection each fiscal year of the MRP permit term. Each fiscal year’s inspection list shall be added to the Inspection Plan at the beginning of the fiscal year as part of the annual update. Previous fiscal years’ inspection lists shall remain in the Inspection Plan.
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(3) Record Keeping – For each facility identified in Provision C.4.b.ii.(2)(d), the Permittee shall maintain a database or equivalent tabular system of at least the following information:
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(a) Name and address of the business and local business operator; D (b) A brief description of business activity or pollutant source, including SIC code. Examples: outdoor process/manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking areas and access roads, outdoor wash areas, rooftop equipment, and outdoor drainage from indoor areas; D
(c) Inspection priority and inspection frequency; and D (d) If coverage under the Industrial General Permit is required D iii. Reporting – The Permittees shall include the list of all industrial and commercial facilities requiring inspections identified in Provision C.4.b.ii.(2)(d) in each Annual Report.
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C.4.a. Enforcement Response Plan (ERP)
i. Task Description – Each Permittee shall implement and update, as needed, its ERP – a reference document for inspection staff to take consistent actions to achieve timely and effective compliance from all commercial and industrial site operators.
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ii. Implementation Level – The ERP shall contain the following:
(1) Enforcement Procedures – A description of the Permittee’s procedures, from the discovery of problems through the confirmation of implementation of corrective actions. This shall include guidance for appropriate enforcement actions, followup inspections, referrals to another agency, appropriate time periods for implementation of corrective actions,
and the roles and responsibilities of staff responsible for implementing the ERP. (2) Enforcement Tools and Field Scenarios – A discussion of the various, escalating enforcement tools for different field scenarios, including, but not limited to potential discharges (e.g., housekeeping issues, evidence of actual non-stormwater discharges, lack of BMPs, inadequate BMPs, and inappropriate BMPs), actual non-stormwater discharges, non-compliance with previous enforcement actions, and sites with a history of potential and/or actual nonstormwater discharges.
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(3) Timely Correction of Potential and Actual Non-stormwater Discharges – A description of the Permittee’s procedures for assigning due dates for corrective actions. Permittees shall require timely correction of all potential and actual non-stormwater discharges. Permittees shall require active nonstormwater discharges to cease immediately. Corrective actions shall be implemented before the next rain event, but no longer than 10 business days after the potential and/or actual non-stormwater discharges are discovered. Corrective actions can be temporary and more time can be allowed for permanent corrective actions. If more than 10 business day are required for compliance, a rationale shall be recorded in the electronic database or equivalent tabular system.
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(4) Referral and Coordination with Other Agencies – Each Permittee shall enforce its stormwater ordinances to achieve compliance at sites with observed potential and actual non-stormwater discharges required in Discharge Prohibition A.1. For cases in which Permittee enforcement tools are inadequate to remedy the noncompliance, the Permittee shall refer the case to the Water Board, district attorney, or other relevant agencies for additional enforcement.
C.4.d. Inspections
i. Task Description – Each Permittee shall conduct inspections according to the Inspection Plan in Provision C.4.b.ii.(2) and the ERP in Provision C.4.c.ii. to enforce its ordinance to prevent stormwater pollution.
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ii. Implementation Level
(1) Inspections – Inspections shall be conducted to include at least the following activities: D (a) Observations for appropriate BMPs to prevent stormwater runoff pollution or illicit discharge; (b) Observations for evidence of unauthorized discharges, illicit connections, and potential discharge of pollutants to stormwater; D
(c) Observations for noncompliance with Permittee ordinances and other local requirements; and D (d) Verification of coverage under the Industrial General Permit, if applicable. D SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
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(2) Record Keeping – Permittees shall maintain adequate records to demonstrate compliance and appropriate followup enforcement responses for facilities inspected. Permittees shall maintain an electronic database or equivalent tabular system that contains the following information regarding industrial and commercial site inspections:
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(a) Name of facility/site inspected
(b) Inspection date
(c) Industrial General Permit coverage required (Yes or No) (d) Compliance status
(e) Specific problems
(f) Type of enforcement (if applicable)
(g) Problem resolution date
(h) Additional comments
The electronic database or equivalent tabular system shall be made readily available to Water Board staff or its representative during inspections and audits.
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(3) Data Evaluation – Permittees shall evaluate the frequency of potential and actual non-stormwater discharges by business category. Note trends and, as needed, implement focused inspections or education in subsequent years to address trends.
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iii. Reporting D
(1) Permittees shall include the following information in the 2015-2016 Annual Report: D (a) Number of inspections conducted, Number of violations issued (excluding verbal warnings), Percentage of sites inspected in violation, and number and percent of violations resolved within 10 working days or otherwise deemed resolved in a longer, but still timely manner; D
(b) Frequency and types/categories of violations observed, Frequency and type of enforcement conducted; D (c) Summary of types of violations noted by business category; and D (d) Facilities that are required to have coverage under the Industrial General Permit, but have not filed for coverage. D (2) Beginning with the 2016-2017 Annual Report, Permittees shall include the following information in each Annual Report: D (a) Number of inspections conducted; D
(b) Number of each type of enforcement action, as listed in each Permittee’s ERP, issued; D (c) Number of enforcement actions or discreet number of potential and actual discharges fully resolved within 10 working days or otherwise deemed resolved in a longer, but still timely manner;
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(d) Frequency of potential and actual non-stormwater discharges by business category; and D (e) A list of facilities that are required to have coverage under the Industrial General Permit, but have not filed for coverage. D C.4.e. Staff Training
i. Task Description – Permittees shall provide focused training for industrial and commercial site inspectors and illicit discharge detection and elimination inspectors annually. Trainings may be program-wide, region-wide, or Permittee- specific.
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ii. Implementation Level – At a minimum, provide inspection training, within the 5-year term of this Permit, in the following topics: D (1) Urban runoff pollution prevention; D
(2) Inspection procedures; D
(3) Business Inspection Plan; D
(4) Enforcement Response Plan D
(5) Illicit Discharge Detection and Elimination; and D
(6) Appropriate BMPs to be used at different industrial and commercial facilities. D iii. Reporting – The Permittees shall include the following information in each Annual Report: D (1) Dates of training; D
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(2) Training topics covered; D
(3) Percentage of industrial and commercial site inspectors attending training; and D (4) Percentage of Illicit Discharge, Detection, and Elimination inspectors attending training. D C.5. Illicit Discharge Detection and Elimination
The purpose of this provision is to implement the illicit discharge prohibition and to ensure illicit discharges are detected and controlled that are not otherwise controlled under provisions C.4. – Industrial and Commercial Site Controls and C.6. – Construction Site Controls. Permittees shall implement an illicit discharge program that includes an active surveillance component and a centralized complaint collection and followup component to detect and eliminate illicit discharges into the MS4. Permittees shall maintain a complaint tracking and followup data system as their primary accountability reporting for C.5.a. thisLegal provision. Authority
i. Task Description – Permittees shall have the legal authority to prohibit and control illicit discharges and implement progressively stricter enforcement to achieve expedient compliance.
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ii. Implementation Level
(1) Permittees shall have adequate legal authority to address illicit discharges to the MS4, including, but not limited to, the following: B (a) Sewage; B
(b) Discharges of wash water resulting from the cleaning of exterior surfaces and pavement, or the equipment and other facilities of any commercial business, or any other public or private facility, including discharges from mobile cleaning businesses; B
(c) Discharges of runoff from material storage areas, including those containing chemicals, fuels, or other potentially polluting or hazardous materials; B (d) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water; B (e) Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes; and B (f) Discharges of food-related wastes (e.g., grease, fish processing wastes, restaurant kitchen mat and trash bin wash water). B (2) Permittees shall have adequate legal authority to prohibit, discover through inspection and surveillance, and eliminate illicit connections and discharges to the MS4.
B
(3) Permittees shall have adequate legal authority to control the discharge of spills, dumping, or disposal of materials other than storm water to the MS4. B C.5.b. Enforcement Response Plan (ERP)
i. Task Description – Each Permittee shall implement and update, as needed, its ERP – a reference document for inspection staff to take consistent actions to achieve timely and effective abatement of illicit discharges and compliance from responsible parties.
B
ii. Implementation Level – The ERP shall contain the following: B (1) Enforcement Procedures – A description of the Permittee’s procedures from the discovery of a problem through the confirmation of implementation of corrective actions. This shall include guidance for appropriate enforcement actions, followup inspections, referrals to another agency, appropriate time periods for implementation of corrective actions, and the roles and responsibilities of staff responsible for implementing the ERP.
B
(2) Enforcement Tools and Field Scenarios – A discussion of the various, escalating enforcement tools for different field scenarios, including, but not limited to potential discharges (e.g., housekeeping issues, evidence of actual discharges, lack of BMPs, inadequate BMPs, and inappropriate BMPs), actual discharges, non-compliance with previous enforcement actions, and sites with a history of potential and/or actual discharges.
B
(3) Timely Correction of Potential and Actual Discharges – A description of the Permittee’s procedures for assigning due dates for corrective actions. Each Permittee shall require timely correction of all potential and/or actual discharges. Active discharges shall be required to cease immediately. Corrective actions shall be implemented before the next rain event, but no longer than 10 business days after the potential and/or actual discharges are discovered.
Corrective actions can be temporary and more time can be allowed for permanent corrective actions. If more than 10 business days are required for compliance, a rationale shall be recorded in the electronic database or equivalent tabular system.
B
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
C.5.c. Spill, Dumping, and Complaint Response Program
i. Task Description – Each Permittee shall implement a program to respond to spills, dumping, and complaints. B ii. Implementation Level
(1) Each Permittee shall have a central contact point for the public and Permittee’s staff to report spills, dumping, and complaints. At a minimum, this central contact point shall include a phone number. Permittee shall also include, as feasible, user friendly web reporting for spills and dumping.
B
(2) Each Permittee shall publicize the phone number and web reporting address, if used, to internal Permittee’s staff and the public. The Permittee’s website shall be one of the places the central contact point is publicized. The Permittee’s website shall be updated with the central contact point to report spills and dumping by June 30, 2016. This central contact point shall be readily searchable on the Permittee’s website.
B
(3) Each Permittee shall require its municipal staff conducting routine maintenance and inspection activities to report illicit discharges found during their activities to the central contact point so that illicit discharge staff can investigate and track.
B
(4) Each Permittee shall maintain and update, as needed, a spill, dumping, and complaint response flow chart and/or phone tree for the Permittee’s staff responsible for the spill and dumping response program. At a minimum, this flow chart and/or phone tree shall identify staff or positions responsible for receiving the complaints and investigating and abating the complaints.
B
(5) Each Permittee shall maintain and update, as needed, a spill, dumping, and complaint response flow chart and phone tree or contact list for internal use that shows the various responsible agencies and their contacts, who would be involved in illicit discharge incident response that goes beyond the Permittee’s immediate capabilities.
B
(6) Each Permittee shall conduct reactive inspections in response to spill, dumping, and complaint reports and shall also conduct followup inspections, as needed, to ensure that corrective measures have been effectively implemented to achieve and maintain compliance.
B
iii. Reporting – Permittees shall provide the following information in the 2016 and 2020 Annual Reports: B (1) The spill and dumping reporting phone number and the web address, if used; B (2) A screen shot of the Permittee’s website showing the central contact point; and B (3) A discussion of how the central contact point – spill and dumping reporting phone number and, if used, the web address – is being publicized to Permittees’ staff and the public.
B
C.5.d. Tracking and Case Followup
i. Task Description – All incidents or discharges reported to the spill, dumping, and complaints central contact point, that might discharge into the MS4, shall be logged to track followup and response through problem resolution. The data collected shall be sufficient to demonstrate escalating responses for repeated problems and inter/intra-agency coordination, where appropriate. It is not necessary to track and report data according to this provision if they are tracked and reported according to State Water Resource Control Board Order No. 2006- 0003-DWQ.
D
ii. Implementation Level – Maintain a water quality spills, dumping, and complaints tracking and followup in an electronic database or equivalent tabular system.
The spill and discharge complaint tracking system shall contain the following information:
D
(1) Complaint information: D
(a) Date and time of complaint,
(b) Type of pollutant, and
(c) Problem Status (potential or actual discharge.).
D
(2) Investigation information: D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(a) Date and time started,
(b) Type of pollutant,
(c) Entered storm drain and/or receiving water,
(d) Date and time abated, and
(e) Type of enforcement based on the Permittee’s ERP.
D
The electronic database or equivalent tabular system shall be made available to Water Board staff or representatives during audits or inspections. D iii. Reporting – Permittees shall provide the following information in the Annual Report: D (1) Number of discharges reported;
(2) Number of discharges reaching storm drains and/or receiving waters; and (3) Number discharges resolved in a timely manner.
D
C.5.e. Control of Mobile Sources
i. Task Description – Permittees shall have oversight and control of pollutants associated with mobile businesses. B ii. Implementation Level – Each Permittee shall implement a program to reduce the discharge of pollutants from mobile businesses. (1) The program shall include the following:
(a) Implementation of minimum standards and BMPs for each of the various types of mobile businesses, such as automobile washing, power washing, steam cleaning, and carpet cleaning.
D
(b) Implementation of an enforcement strategy that specifically addresses the unique characteristics of mobile businesses. D (c) Regularly updating mobile business inventories. C
(d) Implementation of an outreach and education strategy to mobile businesses operating within the Permittee’s jurisdiction. B (e) Inspection of mobile businesses, as needed. D
(2) Permittees may cooperate county-wide and/or region-wide with the implementation of their programs for mobile businesses, including sharing of mobile business inventories, BMP requirements, enforcement action information, and education.
B
iii. Reporting
(1) In the 2017 Annual Report, each Permittee shall provide the following: (a) minimum standards and BMPs for each of the various types of mobile businesses; (b) its enforcement strategy; (c) a list and summary of the specific outreach events and education conducted to the different types of mobile businesses operating within the Permittee’s jurisdiction; (d) the number of inspections conducted at mobile businesses and/or job sites in 2016-2017; (e) discuss enforcement actions taken against mobile businesses in 2016-2017; (f) Permittee’s inventory of mobile businesses operating within the Permittee’s jurisdiction; and (g) a list and summary of the county-wide or regional activities conducted, including sharing of mobile business inventories, BMP requirements, enforcement action information, and education (Permittees’ annual reports may refer to the county-wide or regional reports for this information.).
B
(2) In the 2019 Annual Report, each Permittee shall include at least the following: (a) changes to minimum standards and BMPs for each of the various types of mobile businesses since the 2017 Annual Report; (b) changes to the Permittee’s enforcement strategy; (c) minimum standards and BMPs developed for additional types of mobile businesses; (d) a list and summary of specific outreach events and education conducted to each type of mobile businesses operating within the Permittee’s jurisdiction during the Permit term; (e) a discussion of the inspections conducted at mobile businesses and/or job sites; (f) Permittee’s inventory of mobile businesses operating within the Permittee’s jurisdiction; and (g) a discussion of the enforcement actions taken against mobile businesses during the permit term.
D
C.5.f. Municipal Separate Storm Sewer System (MS4) Map
i. Task Description – Each Permittee shall make the map(s) of its MS4 available. D SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation Level – Permittees shall make maps of the MS4 publicly available, either electronically or in hard copy. Public availability shall be made through a single point of contact that is convenient for the public, such as a staffed counter or web accessible maps. The MS4 map availability shall be publicized through Permittee directories and web pages.
D
iii. Reporting – In the 2016 and 2019 Annual Reports, Permittees shall discuss how they make MS4 maps available to the public and how they publicize the availability of the MS4 maps.
D
C.6. Construction Site Control
Each Permittee shall implement a construction site inspection and control program at all construction sites, with followup and enforcement consistent with each Permittee’s respective ERP, to prevent construction site discharges of pollutants into the storm drains. Inspections shall confirm implementation of appropriate and effective erosion and other construction pollutant controls by construction site operators/developers. Each Permittee shall in its reporting demonstrate the effectiveness of its inspections and enforcement activities to prevent polluted construction site discharges into storm drains.
C
C.6.a. Legal Authority for Effective Site Management
i. Task Description – Permittees shall have the ability to require effective stormwater pollutant controls to prevent discharge of pollutants into the storm drains, and implement progressively stricter enforcement to achieve expedient compliance and cleanup at all public and private construction sites.
C
ii. Implementation Level
(1) Permittees shall have the legal authority to require at all construction sites year-round effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non-storm water management through all phases of construction (including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures.
C
(2) Permittees shall have the legal authority to oversee, inspect, and require expedient compliance and cleanup at all construction sites year-round. C C.6.b. Enforcement Response Plan (ERP)
i. Task Description – Each Permittee shall implement and update, as needed, its ERP – a reference document for inspection staff to take consistent actions to achieve timely and effective compliance at all public and private construction sites.
C
ii. Implementation Level – The ERP shall contain the following: C (1) Enforcement Procedures – A description of the Permittee’s procedures from the discovery of the problems through the confirmation of implementation of corrective actions. This shall include guidance for appropriate enforcement actions, followup inspections, referrals to another agency, appropriate time periods for implementation of corrective actions, and the roles and responsibilities of staff responsible for implementing the ERP.
C
(2) Enforcement Tools and Field Scenarios – A discussion of the various, escalating enforcement tools for different field scenarios, including, but not limited to, potential discharges (e.g., housekeeping issues, evidence of actual discharges, lack of ERP, inadequate BMPs, and inappropriate BMPs), actual discharges, non-compliance with previous enforcement actions, and sites with a history of potential and/or actual discharges.
C
(3) Timely Correction of Potential and Actual Discharges – A description of the Permittee’s procedures for assigning due dates for corrective actions.
Permittees shall require timely correction of all potential and actual discharges. Permittees shall require actual non-stormwater discharges to cease immediately. Corrective actions shall be implemented before the next rain event, but no longer than 10 business days after the potential and/or actual discharges are discovered. Corrective actions can be temporary and more time can be allowed for permanent corrective actions. If more than 10 business days are required for compliance, a rationale shall be recorded in the electronic database or equivalent tabular system.
C
C.6.c. Best Management Practices Categories C
i. Task Description – Permittees shall require all construction sites to have site- specific, and seasonally and phase-appropriate, effective BMPS) in the following six categories:
C
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
• Erosion Control
• Run-on and Run-off Control
• Sediment Control
• Active Treatment Systems, as necessary
• Good Site Management
• Non-Stormwater Management.
C
ii. Implementation Level
The BMPs targeting specific construction site pollutants within the six categories listed in C.6.c.i. shall be site-specific. Site-specific BMPs targeting specific pollutants from the six categories listed in C.6.c.i. may be a combination of BMPs from:
C
• CASQA, BMP Handbook, Construction, January 2009.
• Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices Manual, March 2003, and addenda. • New BMPs available since the release of these handbooks. • Other BMPs shown to provide equivalent protection.
C
C.6.d. Plan Approval Process
i. Task Description – Permittees shall review erosion control plans for consistency with local requirements and the appropriateness and adequacy of proposed BMPs for each site before issuance of grading permits for projects. Permittees shall also verify that sites disturbing one acre or more of land have filed a Notice of Intent for permit coverage under the Construction General Permit.
C
ii. Implementation Level – Before approval and issuance of local grading permits, each Permittee shall perform the following:
(1) Review the site operator’s/developer’s erosion/pollution control plan or Stormwater Pollution Prevention Plan (SWPPP) to verify compliance with the Permittee’s grading ordinance and other local requirements. Also review the site operator’s/developer’s erosion/pollution control plan or SWPPP to verify that seasonally appropriate and effective BMPs for the six categories listed in C.6.c.i. are planned; C
(2) For sites disturbing one acre or more of soil, verify that the site operators/developers have filed a Notice of Intent for permit coverage under the Construction General Permit; and
C
(3) Provide construction stormwater management educational materials to site operators/developers, as appropriate. C C.6.e. Inspections
i. Task Description – Permittees shall conduct inspections to determine compliance with local ordinances (grading and stormwater) and determine the effectiveness of the BMPs in the six categories listed in C.6.c.i. in preventing the discharge of construction pollutants into the storm drain; and Permittees shall require timely corrections of all actual and potential discharges observed.
C
ii. Implementation Level
(1) Wet Season Notification
By September 1 of each year, each Permittee shall remind all site developers and/or owners disturbing one acre or more of soil, hillside projects, and high priority sites to prepare for the upcoming wet season.
C
(2) Frequency of Inspections
Inspections shall be conducted monthly during the wet season12 at the following sites:
C
(a) All construction sites disturbing one or more acre of land; C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(b) All hillside projects13 (based on the Permittee’s map of hillside development areas or criteria, or if the Permittee does not have a map of hillside development areas or criteria, those projects on sites with ≥15% slope) disturbing greater than or equal to 5,000 square feet; and C
(c) High Priority Sites – Other sites determined by the Permittee or the Water Board as significant threats to water quality. In evaluating threat to water quality, the following factors shall be considered:
(i) Soil erosion potential or soil type;
(ii) Site slope;
C
(iii) Project size and type;
(iv) Sensitivity or receiving waterbodies;
(v) Proximity to receiving waterbodies;
(vi) Non-stormwater discharges; and
(vii) Any other relevant factors as determined by the local agency or the Water Board.
C
(3) Contents of Inspections
Inspections shall focus on the adequacy and effectiveness of the site- specific BMPs implemented for the six categories listed in C.6.c.i.
Permittees shall require timely corrections of all actual and potential problems observed. Inspections of construction sites shall include, but are not limited to, the following:
C
(a) Assessment of compliance with Permittee's ordinances and permits related to urban runoff, including the implementation and maintenance of the verified erosion/pollution control plan or SWPPP (from C.6.d.ii.(1)); C
(b) Assessment of the adequacy and effectiveness of the site-specific BMPs implemented for the six categories listed in C.6.c.i.; C (c) Visual observations for:
• actual discharges of sediment and/or construction related materials into storm drains and/or waterbodies. • evidence of sediment and/or construction related materials discharges into storm drains and/or waterbodies. • illicit connections, and
• potential illicit connections.
C
(d) Education on stormwater pollution prevention, as needed. C (4) Tracking
All inspections shall be recorded on a written or electronic inspection form. Inspectors shall follow the ERP for all actual and potential discharges discovered during the inspection.
Permittees shall track in an electronic database or tabular format all inspections. This electronic database or tabular format shall be made readily available during inspections and audits by the Water Board staff or its representatives. This electronic database or tabular format shall record the following information for each site inspection:
C
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(a) Site name;
(b) Inspection date;
(c) Weather during inspection;
(d) Enforcement Response Level (Use ERP);
(e) Problem(s) observed using Illicit Discharge and the six BMP categories listed in C.6.c.i.; C
(f) Resolution of Problems noted using the following three standardized categories: Problems Fixed, Need More Time, and Escalate Enforcement; and C (g) Comments, which shall include all Rationales for Longer Compliance Time, all escalation in enforcement discussions, and any other information that may be relevant to that site inspection.
C
iii. Reporting
(1) In the 2016 Annual Report, each Permittee shall certify the criteria it uses to determine hillside developments. If the Permittee is using maps of hillside developments areas or other written criteria, include a copy in the Annual Report.
C
(2) In the 2015-2016 Annual Report, each Permittee shall summarize the following information: C (a) Total number of active sites disturbing less than one acre of soil requiring inspection; (b) Total number of active sites disturbing one acre or more of soil; (c) Total number of inspections conducted;
(d) Number and percentage14 of violations in each of the six categories listed in C.6.c.i.; (e) Number and percentage15 of each type of enforcement action taken as listed in each Permittee’s ERP; (f) Number of discharges, actual and those inferred through evidence, of sediment or other construction related materials; (g) Number of sites with discharges, actual and those inferred through evidence, of sediment or other construction related materials; (h) Number and percentage16 of violations fully corrected prior to the next rain event but no longer than 10 business days after the violations are discovered or otherwise considered in a timely, though longer period; and (i) Number and percentage17 of violations not fully corrected 30 days after the violations are discovered.
C
(3) Beginning with the 2016-2017 Annual Report, each Permittee shall summarize the following information: C (a) Total number of active hillside sites disturbing less than one acre of soil requiring inspection; (b) Total number of active sites disturbing 1 acre or more of soil; (c) Total number of active sites disturbing less than one acre of soil identified as High Priority sites in C.6.e.ii.(2)(c) requiring inspections; (d) Total number of inspections conducted;
(e) Number of each type of enforcement action taken as listed in each Permittee’s ERP; (f) Number of illicit discharges, actual and those inferred through evidence, of sediment or other construction-related materials; (g) Number of enforcement actions or discrete number of potential and actual discharges fully corrected prior to the next rain event, but no longer than 10 business days after the potential and actual discharges18 are discovered or otherwise considered corrected in a timely, though longer period.
C
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency