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TOTAL
Labor
Classification
Principal
Associate
Principal
Principal Project
Manager
Associate Project
Manager
Assistant Project
Manager
Senior Technical
Manager
Principal Designer
Associate
Designer(s)
Assistant Designer
GIS Asset Manager
GIS Project
Manager/
Programmer
Project
Administrator
Two-Person
Survey Party
Task Billing Rates $300 $280 $245 $220 $200 $20 0 $175 $160 $145 $200 $180 $90 $420 4% a. Progress Review Meetings (6 meetings) 10 30 60 100 $19,950 $19,950 24 $4,320 $4,493 $24,443 b. Project Management (15 months) 30 30 60 120 $21,750 $1,000 $22,750 16 $2,880 $2,995 $25,745 Task 1 Sub-Total 40 0 60 0 0 0 0 60 0 0 0 60 0 220 $41,700 $1,000 $42,700 40 $7,200 $7,488 $50,188 a. Inventory of Existing Trash Capture BMPs 4 16 160 100 30 80 390 $65,620 $65,620 160 $28,800 $29,952 $95,572 b. Refinements to Trash Loading Calculations 2 40 120 20 182 $33,600 $33,600 80 $14,400 $14,976 $48,576 c. Draft Technical Memo 4 16 60 10 8 98 $18,160 $18,160 40 $7,200 $7,488 $25,648 d. Final Technical Memo 2 8 20 30 $5,760 $5,760 20 $3,600 $3,744 $9,504 Task 2 Sub-Total 12 0 80 0 0 0 0 360 100 60 88 0 0 700 $123,140 $123,140 300 $54,000 $56,160 $179,300 a. Compile Baseline Data 2 4 40 40 40 8 16 150 $31,100 $31,100 $0 $31,100 b. 30% Plans and Preliminary Cost Estimates 10 28 40 80 80 160 160 20 12 590 $105,600 $105,600 $0 $0 $105,600 c. Refinements to Trash Loading Calculations 2 10 40 8 60 $11,050 $11,050 40 $7,200 $7,488 $18,538 Task 3 Sub-Total 12 30 54 120 120 240 160 28 20 0 16 800 $147,750 $147,750 40 $7,200 $7,488 $155,238 a. 90% Plans 4 16 24 160 160 300 64 728 $141,940 $141,940 $0 $141,940 b. Hydrologic and Hydraulic Analysis 2 12 4 8 160 186 $31,620 $31,620 $0 $31,620 c. Specifications and Cost Estimates 4 80 84 $15,120 $15,120 $0 $15,120 d. Refinements to Trash Loading Calculations 2 4 32 4 42 $7,500 $7,500 20 $3,600 $3,744 $11,244 Task 4 Sub-Total 8 20 40 4 8 160 240 192 300 4 0 0 64 1040 $196,180 $196,180 20 $3,600 $0 $3,744 $199,924 a. 100% Plans 2 2 6 40 100 160 8 318 $52,930 $52,930 $0 $52,930 b. Hydrologic and Hydraulic Analysis 1 8 4 4 80 97 $16,740 $16,740 $0 $16,740 c. Specifications and Cost Estimates 2 20 22 $4,060 $4,060 $0 $4,060 d. Refinements to Trash Loading Calculations 1 2 20 23 $3,990 $3,990 $0 $3,990 Task 5 Sub-Total 4 4 16 4 4 40 120 100 160 8 0 0 0 460 $77,720 $77,720 $0 $77,720 a. As-Needed Services 4 24 80 12 120 $22,280 $22,280 $0 $22,280 Task 6 Sub-Total 4 0 24 0 80 12 0 120 $22,280 $22,280 $0 $22,280 Total Project Hours 80 54 274 8 12 320 480 1,032 720 112 108 60 80 3340 400 Total Project Cost 24,000$ 15,120 $ 67,130 $ 1,760 $ 2,400 $ 64,000 $ 84,000 $ 165,120 $ 104,400 $ 22,400 $ 19,440 $ 5,400 $ 33,600 $ $608,770 $1,000 $609,770 $72,000 $0 $74,880 $684,650 Task 5: 100% PS&E
Task 6: As-Needed Services
Task 2: Trash Loading Calculations
Task 3: 30% Concepts
Task 4: 90% PS&E
Sub-Consultant
Total
Total Cost
Markup
Task 1: Project Management and Meetings
RICK SUB-CONSULTANT
RICK Total Hours
RICK Labor Cost
Reimbursable Expenses
RICK Total Cost
D-Max Hours
D-Max
AirX
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6 City of Vista | Trash Capture BMP Device Analysis CIP 8343 / 5620 Friars Road, San Diego, CA 92110
/ (619) 291-0707
/ WWW.RICKENGINEERING.COM
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00051960 4 Exhibit C, Page 1 of 3
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 08/12/2025
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00051960 4 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 08/12/2025
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00051960 4 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00051960 4 Exhibit D
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
NOT APPLICABLE TO THIS CONTRACT
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00051960 4 Exhibit E
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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STATE WATER RESOURCES CONTROL BOARD
RESOLUTION 2015-0019
AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR OCEAN WATERS OF CALIFORNIA TO CONTROL TRASH AND PART 1 TRASH PROVISIONS OF THE WATER
QUALITY CONTROL PLAN FOR INLAND SURFACE WATERS, ENCLOSED BAYS, AND
ESTUARIES OF CALIFORNIA
WHEREAS:
1. The State Water Resources Control Board (State Water Board) adopted the Water Quality Control Plan for the Ocean Waters of California (Ocean Plan) in 1972 and last revised it in 2012.
2. On March 15, 2011, the State Water Board adopted the California Ocean Plan Triennial Review Workplan by Resolution 2011-0013, directing State Water Board staff to review the high priority issues identified in the workplan, including the control of plastic debris and other trash, and make recommendations for any necessary changes to the Ocean Plan.
3. Trash in the State’s surface waters is a pervasive problem and adversely affects numerous beneficial uses including, but not limited, to wildlife habitat, marine habitat, preservation of rare and endangered species, fish migration, navigation, and water contact and non-contact recreation.
4. Studies show that trash is predominantly generated on land and then transported to a receiving water body. The main transport pathway of trash to receiving water bodies is through storm water transport.
5. In accordance with Clean Water Act section 303(d), the 2010 Integrated Report identifies seventy-three water segments as impaired for trash or debris in California.
6. Water quality objectives adopted by the nine Regional Water Quality Control Boards (referred to collectively as Regional Water Boards and individually as Regional Water Board) vary for trash. The State Water Board and Regional Water Boards implement trash controls through various means, including storm water permits, adopting and implementing total maximum daily loads (TMDLs), and waste discharge requirements. Waters continue to be impaired by trash, the regulatory control approaches vary, and there is a need for statewide uniformity to control trash.
7. The State Water Board is authorized to revise and adopt water quality control plans in accordance with the provisions of Water Code sections 13240 through 13244 for waters for which water quality standards are required by the federal Clean Water Act. (Water Code § 13170.)
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EXHIBIT 3
2 8. The goal of the Amendment to the Ocean Plan and Part I Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (ISWEBE Plan) (collectively referred to as the Trash Amendments or individually as Trash Amendment) is to address the impacts of trash to the surface waters of California through the establishment of a statewide narrative water quality objective and implementation requirements to control trash, including a prohibition against the discharge of trash.
9. The Staff Report developed for the Trash Amendments, titled “Proposed Final Staff Report, including the Substitute Environmental Documentation” is a detailed technical document that analyzes and describes the necessity and rationale for the development of the statewide water quality objective and the implementation plan to control trash.
10. Pursuant to Water Code section 13170, a water quality control plan adopted by the State Water Board supersedes a water quality control plan adopted by a Regional Water Board, to the extent any conflict exists for the same waters. There are no conflicts between the Trash Amendments and any existing water quality control plan.
11. The Trash Amendments apply to all surface waters of the State, with the exception of those waters within the jurisdiction of the Los Angeles Regional Water Board where trash or debris TMDLs are in effect prior to the effective date of the Trash Amendments.
12. The water quality objective shall be implemented through the prohibition of discharge and other implementation requirements through permits issued pursuant to section 402, subsection (p), of the Clean Water Act, waste discharge requirements, or waivers of waste discharge requirements.
13. In accordance with Water Code section 13241, in establishing the narrative water quality objective for trash, the State Water Board considered, as discussed more fully in the Staff Report (at Section 9 and Appendix C), the applicable factors in establishing the narrative water quality objective for trash: the past, present, and probable future beneficial uses of surface waters that can be impacted by trash; environmental characteristics of these waters; water quality conditions that could reasonably be achieved through a coordinated control effort, and economic considerations. Adoption of the Trash Amendments is unlikely to affect housing needs or the development or use of recycled water.
14. In developing, considering, and adopting the Trash Amendments, the State Water Board complied with the procedural requirements contained in the regulations applicable to the State Water Board’s certified exempt regulatory programs to comply with the California Environmental Quality Act (CEQA) (23 Cal. Code Regs. §§ 3720-3780):
a. On June 26, 2007, the State Water Board held a public scoping meeting in San Francisco regarding a potential amendment to the Ocean Plan to address trash and solicited comments from the public and public agencies on the scope of the project, alternatives, reasonably foreseeable methods of compliance, and the content of the environmental analysis to be considered in the development of the project.
b. On October 7 and 14, 2010, the State Water Board sought public consultation in Rancho Cordova and Chino, respectively, regarding a statewide policy for controlling trash in waters of the state, and solicited comments on the scope and content of the environmental information to be considered in the development of the project. 08/12/2025
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3 c. The State Water Board convened a Public Advisory Group composed of ten stakeholders representing municipalities, California Department of Transportation, industry, and environmental groups. The Public Advisory Group met on July 26, 2011, August 30, 2011, October 12 and 13, 2011, May 22, 2012, August 13, 2012, and March 6, 2013 to provide comments on, and feedback to, the development of the proposed Trash Amendments and Draft Staff Report.
d. In March, April, and May 2013, State Water Board held fourteen focused stakeholder meetings to provide an overview of the development of the proposed Trash Amendments and to receive feedback on key issues prior to the development and distribution of the proposed Trash Amendments and the Draft Staff Report.
e. On June 10, 2014, the State Water Board provided notice to members of the public and public agencies of the opportunity to submit written comments on the proposed Trash Amendments and the Draft Staff Report; the written comment period; and the dates for the public workshop and public hearing to receive oral comments and evidence regarding the proposed Trash Amendments.
f. During the written public comment period, the State Water Board conducted a public workshop on July 16, 2014, and a public hearing on August 5, 2014, to solicit public comment and testimony regarding the proposed Trash Amendments and Draft Staff Report.
g. The State Water Board provided written responses to seventy-six written public comment letters timely received and three written comment letters received after the comment deadline.
h. Based on the oral and written comments, the State Water Board revised the proposed Trash Amendments and Draft Staff Report. On December 31, 2014, the State Water Board distributed and posted the proposed Final Trash Amendments and proposed Final Staff Report.
i. On February 12, 2015, the State Water Board provided a forty-five day notice to the public that the State Water Board would hold a public meeting to consider the adoption of the proposed Final Trash Amendments and approval of the Final Staff Report.
15. The Staff Report satisfies the substantive requirements applicable to the State Water Board’s certified exempt regulatory programs to comply with CEQA.
a. The Staff Report contains a description of the project, a completed environmental checklist, an identification of any significant or potentially significant adverse impacts of the project; an analysis of reasonable alternatives to the project and mitigation measures; and an environmental analysis of the reasonably foreseeable methods of compliance, including a reasonable range of environmental, economic, and technical factors, population and geographic areas. (23 Cal. Code Regs. § 3777, subds. (a)-(c).)
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4 b. The State Water Board is the lead agency for the proposed Trash Amendments. In preparing the Staff Report’s environmental analysis pertaining to the reasonably foreseeable methods of compliance, the State Water Board is “not required to conduct a site-specific project level analysis of the methods of compliance, which CEQA may otherwise require of those agencies who are responsible for complying with the plan or policy when they determine the manner in which they will comply.” (Id. § 3777, subd. (c).). Dischargers that have the Trash Amendment’s implementation requirements incorporated into their respective permits will be required to select the specific method or methods to employ to achieve compliance. Project-level analysis is expected to be conducted by the appropriate public agency prior to implementation of project-specific methods of compliance for the proposed Trash Amendments. The environmental analysis in the Staff Report assumes that the project specific methods of compliance would be designed, installed, and maintained following all applicable state and local laws, regulations, and ordinances.
c. The Final Substitute Environmental Documentation consists of the Draft Staff Report dated June 10, 2014, the Proposed Final Staff Report, comments and responses to comments on the Draft Staff Report and the proposed Trash Amendments, the environmental checklist, and this resolution. (Id. §§, 3777, 3779.5, subd. (b).)
16. Pursuant to Health and Safety Code section 57004, the Draft Staff Report and proposed Trash Amendments underwent external scientific peer review through an interagency agreement with the University of California. Peer review was solicited on March 10, 2014 and completed on July 14, 2014.
17. Adoption of the Trash Amendments is consistent with the State Antidegradation Policy (State Water Board Resolution 68-16) and the federal Antidegradation Policy (40 CFR § 131.12).
18. The Trash Amendments do not become effective until approved by the State Office of Administrative Law (OAL) and the Trash Amendments’ narrative water quality objective for trash does not become effective until approved by the United States Environmental Protection Agency (U.S. EPA).
THEREFORE, BE IT RESOLVED THAT:
1. In accordance with California Code of Regulations, title 23, section 3779.5, subdivision (c), and California Code of Regulations, title 14, section 15091, subdivision (a)(2), the State Water Board hereby finds there are potentially significant impacts to air quality, biological resources, cultural resources, geology/soil resources, hazards and hazardous materials, hydrology/water quality, noise and vibration, public services, transportation/traffic, and utilities/ service systems and potentially cumulative significant impacts related to noise and vibration, air quality, transportation and circulation, utilities and service systems, and greenhouse gas emissions by some of the reasonably foreseeable methods of compliance.
As discussed in the Staff Report, potentially significant impacts to air quality and potentially cumulative significant impacts related to noise and vibration, air quality, transportation and circulation, utilities and service systems, and greenhouse gas emissions may arise from the installation and maintenance of one or more the different types of the full capture systems and street sweeping. Also as discussed in the Staff Report, potentially significant impacts 08/12/2025
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5 to biological resources, cultural resources, geology/soil resources, hazards and hazardous materials, hydrology/water quality, noise and vibration, public services, transportation/traffic, and utilities/ service systems may arise from the installation and maintenance of one or more the different types of the full capture systems. The Staff Report explains that measures are available for each method of compliance that, if implemented, can reduce or eliminate those impacts. Selection of the methods of compliance and mitigation measures are not under the control or discretion of the State Water Board, and to the extent they are within the responsibility and jurisdiction of other public agencies, such public agencies will be required to comply with CEQA in approving the methods of compliance. Such agencies have the ability to implement the mitigation measures, can and should implement the mitigation measures, and are required under CEQA to consider whether to implement the mitigation measures when the agencies undertake their own evaluation of impacts associated with specific activities to comply with the Trash Amendments.
2. The State Water Board hereby approves and adopts the Final CEQA Substitute Environmental Documentation, which was prepared, where appropriate, in accordance with the provisions applicable to the State Water Board’s certified exempt regulatory programs, California Code of Regulations, title 23, sections 3777 through 3779.
3. After considering the entire administrative record, including all oral testimony and comments received at the adoption meeting, the State Water Board hereby adopts the Trash Amendments, which are specifically titled the Amendment to the Water Quality Control Plan for Ocean Waters of California to Control Trash (Appendix D of the Staff Report) and Part I Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Appendix E of the Staff Report).
4. The State Water Board directs State Water Board staff, in consultation with the California Stormwater Quality Association, other interested stakeholders, and the Regional Water Boards, to evaluate whether Treatment Controls TC-10, TC-11, TC-12, TC-22, TC-32, and TC-40, as set forth in the New Development and Redevelopment BMPs Handbook (California Stormwater Quality Association, 2003) meet the requirements for certification as “full capture system” as defined in the Trash Amendments and report on same to the State Water Board within six months of the adoption of the Trash Amendments.
5. The State Water Board directs staff, as part of the Stormwater Strategic Initiative, to evaluate strategies to address generation of trash in “hot spots.” Staff, at a minimum, shall consider discharges, including but not limited to, from homeless encampments, high-use beaches as defined under Assembly Bill 411, and parks adjacent to waters of the State.
6. The State Water Board directs State Water Board staff, in consultation with the Ocean Protection Council and other governmental agencies and stakeholders, to assess potential performance measures, including receiving water monitoring, for evaluating the environmental outcomes of Trash Amendments implementation.
7. The State Water Board directs State Water Board staff, in conjunction with the Regional Water Boards, to periodically report to the State Water Board on the status of the implementation of the Trash Amendments, at a minimum within three and seven years following the first implementing permit.
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6 Jeanine Townsend
Clerk to the Board
8. The State Water Board directs the Los Angeles Water Board to convene a public meeting within a year of the effective date of the Trash Amendments to reconsider the scope of its trash TMDLs, with the exception of the TMDLs for the Los Angeles River and Ballona Creek watersheds, and to consider an approach that would focus municipal separate storm sewer systems (MS4) permittees’ trash control-efforts on high-trash generation areas within their jurisdiction.
9. The Regional Water Boards, within eighteen months of the effective date of the Trash Amendments, and for each NPDES MS4 permittee within their respective region subject to either of the Trash Amendments, shall comply with the time schedules contained therein.
10. The State Water Board, within eighteen months of the effective date of the Trash Amendments, and for each NPDES MS4 permittee subject to either of the Trash Amendments, shall comply with the time schedules contained therein.
11. The Executive Director or designee is authorized to submit the Trash Amendments to OAL and the U.S. EPA for review and approval.
12. The Executive Director or designee is authorized to make minor, non-substantive modifications to the language of the Trash Amendments, if OAL determines that such changes are needed for clarity or consistency, and inform the State Water Board of any such changes.
13. The State Water Board directs State Water Board staff, upon approval by OAL, to file a Notice of Decision with the Secretary for Natural Resources and transmit payment of the applicable fee as may be required to the Department of Fish and Wildlife pursuant to Fish and Game Code section 711.4.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on April 7, 2015.
AYE: Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D’Adamo
NAY: None
ABSENT: None
ABSTAIN: None
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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
O
RDER NO. R9-2017-0077
A
N ORDER DIRECTING THE OWNERS AND OPERATORS OF
PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
DRAINING THE WATERSHEDS WITHIN THE SAN DIEGO REGION
TO S
UBMIT REPORTS PERTAINING TOTHE CONTROL OF TRASH
IN DISCHARGES FROM PHASE I MS4s
TO OCEAN WATERS, INLAND SURFACE WATERS,
ENCLOSED BAYS, AND ESTUARIES
IN THE SAN DIEGO REGION
T
he California Regional Water Quality Control Board, San Diego Region (hereinafter San Diego Water Board) finds:
1. Tr
ash Amendments. On April 7, 2015, the State Water Board adopted Resolution No. 2015-0019, amending the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (ISWEBE Plan) to address the impacts of trash to the surface waters of California (referred to hereafter as the Trash Amendments). The effective date of the Trash Amendments is December 2, 2015.
2. R
egional MS4 Permit. Throughout the State, trash is typically generated on land and transported to surface water, predominantly through storm water discharges from MS4s. These storm water discharges occur in part from Phase I MS4s in the San Diego Region regulated through a regional general permit adopted by the San Diego Water Board (Regional MS4 Permit) pursuant to section 402(p) of the Clean Water Act.
The term Regional MS4 Permit refers to the San Diego Water Board’s Order No. R9- 2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No.
CAS0109266, National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region.
3. T
rash Amendments Implementation. The Trash Amendments establish a statewide narrative water quality objective and implementation requirements to control trash, including a prohibition against the discharge of trash to ocean waters, inland surface waters, enclosed bays, and estuaries in California. For Phase I MS4 permittees with regulatory authority over priority land uses, the Trash Amendments require the San Diego Water Board to take certain steps towards implementation of the narrative water quality objective and prohibition by June 2, 2017 through requirements incorporated into the Regional MS4 Permit or through a monitoring and reporting order issued pursuant to Water Code section 13267 or 13383. The San Diego Water Board will not be amending the Regional MS4 Permit within the time frame specified by the Trash Amendments; therefore, the initial steps in planning for the implementation of the Trash Amendments are being required through this Order in accordance with Water Code 08/12/2025
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EXHIBIT 4
Order No. R9-2017-0077 June 2, 2017
2 section 13383. The San Diego Water Board intends to incorporate the requirements of the Trash Amendments into the Regional MS4 Permit during its next reissuance in Fiscal Year 2018-19.
4. Persons Responsible for the Discharges of Trash. The owners and operators of Phase I MS4s are responsible for discharges of waste, including trash, from land uses and locations within their jurisdictions through their MS4s to ocean waters, inland surface waters, enclosed bays, and estuaries in the San Diego Region. In the San Diego Region, owners and operators of Phase I MS4s subject to the requirements of this Order (herein referred to as MS4 permittees) include the following entities:
▪ County of Orange
▪ City of Aliso Viejo ▪ City of Lake Forest
▪ City of Dana Point ▪ City of Mission Viejo
▪ City of Laguna Beach ▪ City of Rancho Santa Margarita ▪ City of Laguna Hills ▪ City of San Clemente
▪ City of Laguna Niguel ▪ City of San Juan Capistrano ▪ City of Laguna Woods ▪ Orange County Flood Control District
▪ County of Riverside
▪ City of Murrieta ▪ Riverside County Flood Control and ▪ City of Temecula Water Conservation District1
▪ City of Wildomar
▪ County of San Diego
▪ City of Carlsbad ▪ City of National City
▪ City of Chula Vista ▪ City of Oceanside
▪ City of Coronado ▪ City of Poway
▪ City of Del Mar ▪ City of San Diego
▪ City of El Cajon ▪ City of San Marcos
▪ City of Encinitas ▪ City of Santee
▪ City of Escondido ▪ City of Solana Beach
▪ City of Imperial Beach ▪ City of Vista
▪ City of La Mesa ▪ San Diego County Regional Airport Authority ▪ City of Lemon Grove ▪ San Diego Unified Port District
5. Water Quality Objectives. The Trash Amendments established the following statewide narrative water quality objectives for trash in ocean waters, inland surface waters, enclosed bays, and estuaries in California.
1 Riverside County Flood Control and Water Conservation District (District) lacks regulatory authority over Priority Land Uses. As noted in Finding 9.d of this Order, the Trash Amendments (Appendix D of the Ocean Plan Chapter III.L.2.d and Appendix E of the ISWEBE Plan Chapter IV.A.3.d) provide the San Diego Water Board with the authority to investigate whether specific land uses or locations within the District’s jurisdiction generate substantial amounts of trash and determine that compliance with Track 1 or Track 2 trash control measures for those land uses or locations is necessary. 08/12/2025
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Order No. R9-2017-0077 June 2, 2017
3 a. The Trash Amendments established the following narrative water quality objective for trash in Chapter II.C.5 of Appendix D of the Ocean Plan:
“Trash shall not be present in ocean waters, along shorelines or adjacent areas in amounts that adversely affect beneficial uses or cause nuisance.”
b. The Trash Amendments established the following narrative water quality objective or trash in Chapter III.A of Appendix E of the ISWEBE Plan:
“Trash shall not be present in inland surface waters, enclosed bays, estuaries, and along shorelines or adjacent areas in amounts that adversely affect beneficial uses or cause nuisance.”
Meeting these narrative water quality objectives for trash will be protective and supportive of numerous beneficial uses for the ocean waters, inland surface waters, enclosed bays, and estuaries in the San Diego Region, including but not limited to, wildlife habitat (WILD), marine habitat (MAR), preservation of rare and endangered species (RARE), fish migration (MIGR), navigation (NAV), and water contact and non- contact recreation (REC1 and REC2).
6. Trash Discharge Prohibition. The Trash Amendments established the following discharge prohibition in Chapter III.I.6 of Appendix D of the Ocean Plan and Chapter IV.A.2 of Appendix E of the ISWEBE Plan:
“The discharge of trash to surface waters of the State or the deposition of trash where it may be discharged into surface waters of the State is prohibited.”
7. Regional MS4 Permit Implementation of the Trash Amendments. The Trash Amendments require the incorporation of the trash narrative water quality objectives and discharge prohibition into the Regional MS4 Permit. The Regional MS4 Permit then will require the MS4 permittees to comply with the trash narrative water quality objectives and discharge prohibition through the implementation of one of two measures to be selected by the MS4 permittees.
To comply with the trash narrative water quality objectives and discharge prohibition, the MS4 permittees are required to implement either of the following measures:
Track 1: Install, operate, and maintain full capture systems for all storm drains that capture runoff from the priority land uses in their jurisdictions; or
Track 2: Install, operate, and maintain any combination of full capture systems, multi-benefit projects, other treatment controls, and/or institutional controls within either the jurisdiction of the MS4 permittee or within the jurisdiction of the MS4 permittee and contiguous MS4 permittees. The MS4 permittee may determine the locations or land uses within its jurisdiction to implement any combination of controls. The MS4 permittee shall demonstrate that such combination achieves full capture system equivalency. The MS4 permittee may determine which controls to implement to achieve compliance with full capture system equivalency. It is, 08/12/2025
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4 however, the State Water Board’s expectation that the MS4 permittee will elect to install full capture systems where such installation is not cost-prohibitive.
The Trash Amendments require that within three (3) months of the effective date of this Order, each MS4 permittee is required to provide written notice to the San Diego Water Board stating whether the MS4 permittee elects to comply with the trash discharge prohibition by implementing Track 1 or Track 2. MS4 permittees that elect to implement Track 2 are also required to submit an implementation plan to the San Diego Water Board within eighteen (18) months of receipt of this Order. The implementation plan is required to describe: (i) the combination of controls selected by the MS4 permittee and the rationale for the selection, (ii) how the combination of controls is designed to achieve full capture system equivalency, and (iii) how full capture equivalency will be demonstrated. The implementation plan is subject to approval by the San Diego Water Board. Track 2 implementation plans will be deemed accepted by the San Diego Water Board ninety (90) days after submission unless otherwise directed in writing by the San Diego Water Board Executive Officer. MS4 permittees may elect to change Tracks through their adaptive management process during the compliance time schedule described in Finding 10, provided they submit supporting justification to the San Diego Water Board.
8. Full Capture System Equivalency. The Trash Amendments define full capture system equivalency as follows:
“Full capture system equivalency is the trash load that would be reduced if full capture systems were installed, operated, and maintained for all storm drains that capture runoff from the relevant areas of land (priority land uses, significant trash generating areas, facilities or sites regulated by NPDES permits for discharges of storm water associated with industrial activity, or specific land uses or areas that generate substantial amounts of trash, as applicable). The full capture system equivalency is a trash load reduction target that the permittee quantifies by using an approach, and technically acceptable and defensible assumptions and methods for applying the approach, subject to the approval of permitting authority. Examples of such approaches include, but are not limited to, the following:
(1) Trash Capture Rate Approach. Directly measure or otherwise determine the amount of trash captured by full capture systems for representative samples of all similar types of land uses, facilities, or areas within the relevant areas of land over time to identify specific trash capture rates. Apply each specific trash capture rate across all similar types of land uses, facilities, or areas to determine full capture system equivalency. Trash capture rates may be determined either through a pilot study or literature review. Full capture systems selected to evaluate trash capture rates may cover entire types of land uses, facilities, or areas, or a representative subset of types of land uses, facilities, or areas. With this approach, full capture system equivalency is the sum of the products of each type of land use, facility, or area multiplied by trash capture rates for that type of land use, facility, or area.
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5 (2) Reference Approach. Determine the amount of trash in a reference receiving water in a reference watershed where full capture systems have been installed for all storm drains that capture runoff from all relevant areas of land. The reference watershed must be comprised of similar types and extent of sources of trash and land uses (including priority land uses and all other land uses), facilities, or areas as the permittee’s watershed. With this approach, full capture system equivalency would be demonstrated when the amount of trash in the receiving water is equivalent to the amount of trash in the reference receiving water.”
9. Land Uses and Locations Requiring Trash Controls. The Trash Amendments define land uses and locations that are to be controlled for trash discharges by MS4 permittees:
a. Priority Land Uses: Those developed sites, facilities, or land uses (i.e. not simply zoned land uses) within a MS4 permittee’s jurisdiction from which discharges of trash are regulated by the Ocean Plan or ISWEBE Plan as follows:
- High-density residential: all land uses with at least ten (10) developed dwelling units/acre.
- Industrial: land uses where the primary activities on the developed parcels involve product manufacture, storage, or distribution (e.g., manufacturing businesses, warehouses, equipment storage lots, junkyards, wholesale businesses, distribution centers, or building material sales yards).
- Commercial: land uses where the primary activities on the developed parcels involve the sale or transfer of goods or services to consumers (e.g., business or professional buildings, shops, restaurants, theaters, vehicle repair shops, etc.).
- Mixed urban: land uses where high-density residential, industrial, and/or commercial land uses predominate collectively (i.e., are intermixed).
- Public transportation stations: facilities or sites where public transit agencies’ vehicles load or unload passengers or goods (e.g., bus stations and stops).
b. Equivalent Alternative Land Uses: An MS4 permittee with regulatory authority over priority land uses may issue a request to the San Diego Water Board that the MS4 permittee be allowed to substitute one or more land uses identified above with an alternate land use within the MS4 permittee’s jurisdiction that generates rates of trash that is equivalent to or greater than the priority land use(s) being substituted.
The land use area requested to substitute for a priority land use need not be an acre-for-acre substitution but may involve one or more priority land uses, or a fraction of a priority land use, or both, provided the total trash generated in the equivalent alternative land use is equivalent to or greater than the total trash generated from the priority land use(s) for which substitution is requested.
Comparative trash generation rates shall be established through the reporting of quantification measures such as street sweeping and catch basin cleanup records; 08/12/2025
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6 mapping; visual trash presence surveys, such as the “Keeping America Beautiful Visible Litter Survey”; or other information as required by the San Diego Water Board.
c. Coordination with California Department of Transportation (Caltrans). The Trash Amendments (Appendix D of the Ocean Plan Chapter III.L.2.b and Appendix E of the ISWEBE Plan Chapter IV.A.3.b) require that Caltrans and MS4 permittees coordinate their efforts to install, operate, and maintain full capture systems, multi- benefit projects, other treatment controls, and/or institutional controls in significant trash generating areas and/or priority land uses.
d. Specific Land Uses or Locations Determined by the San Diego Water Board: The Trash Amendments (Appendix D of the Ocean Plan Chapter III.L.2.d and Appendix E of the ISWEBE Plan Chapter IV.A.3.d) provide the San Diego Water Board with the authority to determine that specific land uses or locations (e.g., parks, stadia, schools, campuses, or roads leading to landfills) generate substantial amounts of trash. In the event the San Diego Water Board makes that determination, the Board may require the MS4 permittees to comply with the requirements of the Trash Amendments with respect to such land uses or locations.
10. Compliance Time Schedule. The Trash Amendments require the implementing permit (i.e. the Regional MS4 Permit) to state that full compliance with the trash discharge prohibition shall occur within ten (10) years of the effective date of the first implementing permit. In addition, the Regional MS4 Permit must require the MS4 permittees to demonstrate achievements of interim milestones such as average load reductions of ten percent (10%) per year or other progress to full implementation. In no case may the final compliance date, which will be included in the Regional MS4 Permit, be later than fifteen (15) years from the effective date of the Trash Amendments (i.e.
December 2, 2030).
11. Monitoring and Reporting. The Trash Amendments require the implementing Regional MS4 Permit to include monitoring and reporting requirements to ensure adequate trash control. The MS4 permittees will be required to provide reports to the San Diego Water Board on an annual basis to describe progress toward achieving full compliance with the trash discharge prohibition. The monitoring and reporting requirements are dependent on the measures elected to be implemented by a MS4 permittee
2. 12. Water Quality Improvement Plans and Jurisdictional Runoff Management Plans.
The Regional MS4 Permit requires the MS4 permittees to develop and implement Water Quality Improvement Plans for ten (10) Watershed Management Areas, designated in the Regional MS4 Permit as shown in Table 1 below:
2 The minimum monitoring and reporting requirements that will be considered for inclusion in the Regional MS4 Permit reissuance are described in the Trash Amendments at Appendix D: Chapter III, section L.5 of the Ocean Plan and Appendix E: Chapter IV, section A.6 of the ISWEBE Plan. 08/12/2025
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7 Table 1. San Diego Region Watershed Management Areas
Hydrologic Unit(s)
Watershed
Management Area
Major Surface
Water Bodies
Responsible
MS4 permittees
San Juan (901.00) South Orange County
- Aliso Creek
- San Juan Creek
- San Mateo Creek
- Pacific Ocean
- Heisler Park ASBS
- City of Aliso Viejo
- City of Dana Point
- City of Laguna Beach
- City of Laguna Hills1
- City of Laguna Niguel
- City of Laguna Woods1
- City of Lake Forest2
- City of Mission Viejo
- City of Rancho
Santa Margarita
- City of San Clemente
- City of San Juan
Capistrano
- County of Orange
- Orange County
Flood Control District
Santa Margarita (902.00) Santa Margarita River
- Murrieta Creek
- Temecula Creek
- Santa Margarita River
- Santa Margarita Lagoon
- Pacific Ocean
- City of Menifee3
- City of Murrieta4
- City of Temecula
- City of Wildomar4
- County of Riverside
- County of San Diego
- Riverside County Flood
Control and Water
Conservation District
San Luis Rey (903.00) San Luis Rey River
- San Luis Rey River
- San Luis Rey Estuary
- Pacific Ocean
- City of Oceanside
- City of Vista
- County of San Diego
Carlsbad (904.00) Carlsbad
- Loma Alta Slough
- Buena Vista Lagoon
- Agua Hedionda Lagoon
- Batiquitos Lagoon
- San Elijo Lagoon
- Pacific Ocean
- City of Carlsbad
- City of Encinitas
- City of Escondido
- City of Oceanside
- City of San Marcos
- City of Solana Beach
- City of Vista
- County of San Diego
San Dieguito (905.00) San Dieguito River
- San Dieguito River
- San Dieguito Lagoon
- Pacific Ocean
- City of Del Mar
- City of Escondido
- City of Poway
- City of San Diego
- City of Solana Beach
- County of San Diego
Penasquitos (906.00)
Penasquitos
- Los Penasquitos
Lagoon
- Pacific Ocean
- City of Del Mar
- City of Poway
- City of San Diego
- County of San Diego
Mission Bay
- Mission Bay
- Pacific Ocean
- San Diego Marine Life
Refuge ASBS
- City of San Diego
San Diego (907.00) San Diego River - San Diego River
- Pacific Ocean
- City of El Cajon
- City of La Mesa
- City of San Diego
- City of Santee
- County of San Diego
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8 Table 1. San Diego Region Watershed Management Areas
Hydrologic Unit(s)
Watershed
Management Area
Major Surface
Water Bodies
Responsible
MS4 permittees
Pueblo San Diego (908.00)
Sweetwater (909.00)
Otay (910.00)
San Diego Bay
- Sweetwater River
- Otay River
- San Diego Bay
- Pacific Ocean
- City of Chula Vista
- City of Coronado
- City of Imperial Beach
- City of La Mesa
- City of Lemon Grove
- City of National City
- City of San Diego
- County of San Diego
- San Diego County Regional
Airport Authority
- San Diego Unified Port District
Tijuana (911.00) Tijuana River
- Tijuana River
- Tijuana Estuary
- Pacific Ocean
- City of Imperial Beach
- City of San Diego
- County of San Diego
Notes:
1. By agreement dated February 10, 2015, pursuant to Water Code section 13228, the Phase I MS4 discharges within the jurisdiction of the City of Laguna Hills and the City of Laguna Woods located in the Santa Ana Region are regulated by San Diego Water Board Order No. R9-2013- 0001 as amended by Order No.
R9-2015-0001, upon the later effective date of Order No. R9-2015-0001 or Santa Ana Water Board Tentative Order No. R8-2015-0001. The City of Laguna Hills and Laguna Woods must also comply with the requirements of the San Diego Creek/Newport Bay TMDL in section XVIII of Santa Ana Water Board Order No. R8-2015-0001.
2. By agreement dated February 10, 2015, pursuant to Water Code section 13228, Phase I MS4 discharges within the City of Lake Forest located within the San Diego Water Board Region are regulated by the Santa Ana Water Board Order No. R8-2015-0001 (NPDES No. CAS618030) upon the later effective date of this Order or Santa Ana Water Board Tentative Order No. R8-2015-0001. In accordance with the terms of the agreement between the San Diego Water Board and the Santa Ana Water Board, the City of Lake Forest must implement the requirements of the Bacteri a TMDL in Attachment E of this Order, participate in preparation and implementation of the Water Quality Improvement Plan for the Aliso Creek Watershed Management Area as described in Provision B of this Order and continue implementation of its over-irrigation discharge prohibition in its City Ordinance, Title 15, Chapter 15, section 14.030, List (b).
3. By agreement dated October 26, 2015, pursuant to Water Code section 13228, Phase I MS4 discharges within the City of Menifee located within the San Diego Water Board Region are regulated by the Santa Ana Water Board Order No. R8-2010-0033 as it may be amended or reissued (NPDES No.
CAS618033) upon the later effective date of this Order. In accordance with the terms of the agreement between the San Diego Water Board and the Santa Ana Water Board, the City of Menifee must participate in preparation and implementation of the Water Quality Improvement Plan for the Santa Margarita River Watershed Management Area as described in Provision B of this Order.
4. By agreement dated October 26, 2015, pursuant to Water Code section 13228, the Phase I MS4 discharges within the jurisdiction of the City of Murrieta and the City of Wildomar located in the Santa Ana Region are regulated by San Diego Water Board Order No. R9-20 13-0001 as amended by Orders No. R9-2015- 0001 and R9-2015-0100. The City of Murrieta and City of Wildomar must also comply with the requirements of the Lake Elsinore/Canyon Lake Nutrient TMDLs in section VI.D.2 of Santa Ana Water Board Order No. R8-2010-0033, or corresponding section as it may be amended or reissued.
The Water Quality Improvement Plans include the following: (a) identification of priority water quality conditions that need to be addressed to improve the water quality in each Watershed Management Area; (2) numeric goals for the highest priority water quality conditions to be achieved that will demonstrate discharges from the MS4s are not causing or contributing to exceedances of applicable water quality objectives, or water quality objectives are being attained in receiving waters; (3) a description of the water quality improvement strategies that will be and may be implemented to achieve the numeric goals; and (4) schedules for implementing the water quality improvement strategies and achieving the numeric goals.
The Regional MS4 Permit also requires incorporation of implementation plans for applicable Total Maximum Daily Loads (TMDLs) and Areas of Special Biological Significance (ASBS), which include interim and final water quality-based effluent limitations, compliance strategies, and compliance schedules, into the Water Quality Improvement Plans.
In addition to Water Quality Improvement Plan development, each MS4 permittee is also required to develop and implement a jurisdictional runoff management plan (JRMP) that describes how specific strategies in the Water Quality Improvement Plans will be implemented by each MS4 permittee. While the JRMPs are not explicitly part of the Water Quality Improvement Plan, reporting relating to JRMP programs is accomplished through the Water Quality Improvement Plan annual reporting process. 08/12/2025
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9 The implementation measures, interim milestones, and compliance schedules for Track 1 or Track 2 of the Trash Amendments shall also be incorporated into either the Water Quality Improvement Plans, the JRMPs, or a combination of the two, to be implemented by the MS4 permittees as part of the adaptive management process.
Compliance with the Trash Amendments is based on implementation of specific measures to control trash within a MS4 permittee’s jurisdiction; however, inclusion of trash control strategies may be beneficial on a watershed scale. Through the issuance of this Order pursuant to Water Code section 13383, the San Diego Water Board intends the MS4 permittees to incorporate the requirements of the Trash Amendments into either the Water Quality Improvement Plans, the JRMPs, or a combination of the two, after reissuance of the Regional MS4 Permit. Reporting on implementation measures to comply with the Trash Amendments will be required through jurisdictional runoff management program annual report forms, which are submitted as part of the Water Quality Improvement Plan Annual Reports.
13. Basis for Requiring Submittals from MS4 Permittees. This Order is issued under federal authority. The water quality objectives established by the Trash Amendments described in Finding 5 serves as a water quality standard federally mandated under Clean Water Act section 303(c) and the federal regulations (33 U.S.C. § 1312, 40 C.F.R. § 131). This water quality standard was specifically approved by the United Sates Environmental Protection Agency (USEPA) following adoption by the State Water Board and approval by the Office of Administrative Law. This Order requests information necessary for MS4 permittees to plan for implementation of actions to achieve the water quality standard for trash. Further, the water quality standard expected to be achieved pursuant to the Trash Amendments may allow each water body impaired by trash and already on the Clean Water Act section 303(d) list to be removed from the list, or each water body subsequently determined to be impaired by trash to not be placed on the list, obviating the need for the development of a total maximum daily load (TMDL) for trash for each of those water bodies (33 U.S.C. § 1313(d); 40 C.F.R. § 130.7). In those cases, the specific actions that will be proposed by the MS4 permittees in response to this Order substitute for some or all the actions that would otherwise be required consistent with any waste load allocations in a trash TMDL (40 C.F.R. § 122.44, subd. (d)(1)(vii)(B)). Accordingly, this Order is issued pursuant to federal law. Consistent with the Trash Amendments, this Order nevertheless allows MS4 permittees flexibility in the specific actions they propose to meet the federal requirements.
14. California Environmental Quality Act. Issuance of this Order is not subject to CEQA in accordance with section 15061(b)(3) of Chapter 3, Title 14 of the CCR because it can be seen with certainty that there is no possibility that the required activities in question may have a significant effect on the environment. 08/12/2025
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10 IT IS HEREBY ORDERED, pursuant to California Water Code section 13383, that the MS4 permittees must comply with the following directives:
A. REQUIRED SUBMITTALS3
1. Written Notices. Each MS4 permittee identified in Finding 4 must submit to the San Diego Water Board, no later than three (3) months from the date of this Order (September 5, 2017), a written notice stating whether the MS4 permittee will implement Track 1 or Track 2 to comply with the trash discharge prohibition in the Ocean Plan and ISWEBE Plan.
2. Track 1 Jurisdictional Maps and Time Schedule. Each MS4 permittee identified in Finding 4 electing to comply with Track 1 must submit the following information no later than eighteen (18) months from the date of this Order (December 3, 2018):
a. A jurisdictional map identifying Priority Land Uses, the corresponding storm drain network including all storm drain inlets and drainage, proposed full capture system installation locations and associated drainage areas; and
b. A time schedule to achieve full compliance with the trash discharge prohibition, including interim milestones (such as average load reductions of ten percent per year or other progress) to full implementation. The final compliance date must not be later than fifteen (15) years from the effective date of the Trash Amendments (i.e. December 2, 2030).
3. Track 2 Implementation Plans. Each MS4 permittee identified in Finding 4 electing to comply with Track 2 must submit, no later than eighteen (18) months from the date of this Order (December 3, 2018), an implementation plan that describes:
a. The combination of controls
4 selected by the MS4 permittee and the rationale for
each selection;
b. How the combination of controls is designed to achieve full capture system equivalency;
c. How full capture system equivalency will be demonstrated;
d. How the implemented controls identified in the trash implementation plans will be monitored and assessed in jurisdictional runoff management program or Water Quality Improvement Plan Annual Reports;
e. Proposals by MS4 permittees, if any, to substitute Priority Land Uses described in Finding 9 above with other locations or land uses, provided that the total trash
3 Directives A.1, A.2, A.3, and A.5 do not apply to the Riverside County Flood Control and Water Conservation District because it does not have land use authority over Priority Land Uses. 4 Controls include full capture systems, multi-benefit projects, other treatment controls, and/or institutional controls, as defined in Appendix D of the Ocean Plan and Appendix E of the ISWEBE Plan. 08/12/2025
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11 generated in other locations or land uses is equivalent to, or greater than, the total trash generated in the Priority Land Use being substituted; and
f. A time schedule to achieve full compliance with the trash discharge prohibition, including interim milestones (such as average load reductions of ten percent per year or other progress) to full implementation. The proposed final compliance date must not be later than fifteen (15) years from the effective date of the Trash Amendments (i.e. December 2, 2030).
4. Identification of Substantial Trash Generating Land Uses or Locations Within Riverside County Flood Control and Water Conservation District’s Jurisdiction. The Riverside County Flood Control and Water Conservation District (District) must submit, no later than eighteen (18) months from the date of this Order (December 3, 2018), a report identifying land uses or locations within its jurisdiction including but not limited to, facilities, drainage structures, and easements that generate a substantial amount of trash.
5. Coordination with Caltrans. Each MS4 permittee identified in Finding 4 must submit, no later than eighteen (18) months from the date of this Order (December 3, 2018), a description of how MS4 permittees will coordinate their efforts to install, operate, and maintain full capture systems, multi-benefit projects, and other controls with Caltrans in significant trash generating areas and/or priority land uses, as applicable.
B. PROVISIONS
1. Signatory Requirements. All documents submitted to the San Diego Water Board must be signed and certified.
a. All reports required by this Order must be signed as follows:
(1) For a corporation, by a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively;
(3) For a municipality, state, federal or other public agency, by either a principal executive or ranking elected official.
(4) By a duly authorized representative of the person designated above (B.1.a.(1), B.1.a.(ii), or B.1.(a)(iii)). A person is a duly authorized representative only if:
(a) The authorization is made in writing by a person described in paragraph B.6.a above;
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12 (b) The authorization specifies either an individual or position having responsibility for the overall operation of the regulated facility or activity; and
(c) The written authorization is submitted to the San Diego Water Board.
b. Any person signing a document required by this Order must make the following certification:
”I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
2. Submittal of Documents. All documents submitted to the San Diego Water Board in compliance with this Order must be submitted in electronic format (compact disk (CD-ROM or CD) in a Portable Document Format (PDF), unless otherwise directed.
All electronic format documents required under this Order must be submitted to:
Executive Officer
California Regional Water Quality Control Board
San Diego Region
2375 Northside Drive, Suite 100
San Diego, CA 92108
Attn: Laurie Walsh, PE, Storm Water Management Unit
3. Changes to Order. This Order may be amended, rescinded, or updated by the Executive Officer. The MS4 permittees may propose changes or alternatives to the requirements in this Order if a valid rationale for the changes is shown. The filing of a request by a MS4 permittees for amending, rescinding, or updating this Order, or notification of planned changes or anticipated noncompliance does not stay any condition of this Order.
C. NOTIFICATIONS
1. Enforcement Discretion. The San Diego Water Board reserves its right to take any enforcement action authorized by law for violations of the terms and conditions of this Order.
2. Requesting Administrative Review by the State Water Board. Any aggrieved person may petition the State Water Board regarding this Order in accordance with Water Code section 13320 and the California Code of Regulations title 23 sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 08/12/2025
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