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Item 14 Staff Report Adopt Resolution Authorizing the Mayor to Sign the Agreement with the Santa Clara Valley Water District in Support of Part A of the Storm Water Infiltration Device Policy, and Prohibiting New Infiltration Devices in the Public Right-oTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: January 19, 1995 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 2/6/95 ITEM NO. ADOPT RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART A OF THE STORM WATER INFILTRATION DEVICE POLICY, AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT-OF-WAY RECOMMENDATION: Adopt resolution authorizing the Mayor to sign the agreement with the Santa Clara Valley Water District in support of Part A of the Storm Water Infiltration Device Policy, and prohibiting new infiltration devices in the public right-of-way. BACKGROUND: Based upon The Federal Safe Drinking Water Act, and state law and regulations, the Santa Clara Valley Water District developed the Storm Water Infiltration Device Policy in order to prevent potential and existing ground water contamination from storm water infiltration devices. The Policy, adopted by the District Board, outlines a coordinated process by agencies to locate and register storm water infiltration devices, report the use of existing devices to the Environmental Protection Agency (EPA), identify and develop an implementation plan for destroying and/or monitoring devices in high risk land use areas, and regulate the installation of new devices. DISCUSSION: This Memorandum of Understanding is comprised of two parts: (1) Part A, existing Storm Water Infiltration Devices and (2) Part B, new Storm Water Infiltration Devices. The Agreement may be accepted as both Part A and Part B, or Part A only. The general requirements for Part A of the Policy requires the Town to locate and register existing storm water infiltration devices, to perform periodic inspections of the existing storm water infiltration devices, to incorporate compliance and education components regarding storm water infiltration devices, and to immediately report to the Santa Clara Valley Water District and the Regional Water PREPARED BY: SCOTT R. BAKER U Director of Building and Engineering Services SRB:SK:sk 1/19/95 1:27 pm N:\B&E\CNCLRPTS\swid.tcr File # Attachments: See Page 2 for List of Attachments Distribution: See Page 2 for Distribution List Reviewed by: Attorney Clerk \' )Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART A OF THE STORM WATER INFILTRATION DEVICE POLICY, AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT-OF-WAY JANUARY 19, 1995 Quality Control Board any known contamination or potential contamination to the groundwater or the subsurface by a storm water infiltration. The Santa Clara Valley Water District will conduct an evaluation of the relative risk posed by the existing infiltration devices to the groundwater quality. Part B addresses requirements for new Storm Water Infiltration Devices. The Town has only a few existing facilities which are covered in Part A of the Memorandum of Understanding, and they are considered low risk facilities. Town staff recommends endorsing Part A only, and establishing a policy prohibiting new infiltration devices in the public right-of-way. Several of the requirements for this policy may be performed in conjunction with the existing Nonpoint Source Pollution Control Program, such as: stencil all infiltration device inlets in the public right-of-way, include inspections of infiltration devices into HazMat inspections, and incorporate information regarding groundwater pollution prevention into educational materials and brochures. Town staff will be required to complete the above requirements as well as prepare an annual report to the district regarding the locations of existing infiltration devices found as a result of the above inspections, provide the District with land use information and prioritize high risk areas. CONCLUSION: Staff recommends that the attached resolution be adopted entering the Town into agreement with the Santa Clara Valley Water District in support of Part A of the Storm Water Infiltration Device Policy, and prohibiting new infiltration devices in the public right-of-way. ENVIRONMENTAL ASSESSMENT: Is not a project as defined under CEQA, and no further action is required. FISCAL IMPACT: None. Activities are consistent with existing Nonpoint Source Pollution Control Program budgeted operations. ATTACHMENTS: 1. Resolution 2. Memorandum of Understanding Agreement DISTRIBUTION: 1. David J. Chesterman, Principal Engineer, Groundwater Quality Branch, Santa Clara Valley Water District RESOLUTION 1995- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART A OF THE STORM WATER INFILTRATION DEVICE POLICY, AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT-OF-WAY WHEREAS, the Bay Basin Plan, adopted by the Regional Water Quality Control Board in implementation of the Federal Clean Water Act, requires a control program to locate existing devices and regulate the construction and usage, and the permitting and registration of storm water infiltration devices; and WHEREAS, the "Shallow Drainage Wells" Amendment to the Bay Basin Plan, adopted by the Regional Water Quality Control Board, requires a coordinated effort by state and local government agencies to develop and implement a control program for storm water infiltration devices; and WHEREAS, Town of Los Gatos prohibits new infiltration devices in the public right- of-way; and WHEREAS, a joint agreement has been prepared for Part A of the Storm Water Infiltration Device Policy for the Town of Los Gatos and the Santa Clara Valley Water District, BE IT RESOLVED, that the approval of the agreement with the Santa Clara Valley Water District in support of Part A of the Storm Water Infiltration Device Policy and the Mayor of the Town of Los Gatos is authorized to sign the agreement providing for Implementation Part A of the Storm Water Infiltration Device Policy PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of February, 1995, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\B&E\CNCLRPTS\swid.tcr ATTACHMENT 1 9 Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 AN AFFIRMATIVE ACTION EMPLOYER August 22, 1994 Dear Sir or Madam: Subject: Storm Water Infiltration Device Policy Memorandum of Understanding Information Summary This transmits an information summary of the Storm Water Infiltration Device Policy (Policy) —Memorandum of Understanding (MOU) previously transmitted to you and your city manager or county executive in November and Deceber 1993. This summary has been prepared for those municipalities which have not yet signed the MOU, to assist you in summarizing the municipal and Santa Clara Valley Water District (District) obligations under the MOU to your manager or council. It is our intent that the summary will aid you in making recommendations to your city manager or county executive concerning signing the MOU. This summary of the MOU clarifies our intent that executing the MOU should have minimal impact on city and county resources and that the MOU is consistent with current legislation mandating regulatory program streamlining. Piease note that some cities have elected to sign the agreement at a staff level and you may wish to do the same. Please contact me at the Camden Office, (408) 927-0710, extension 2630, or Ms. Belinda Allen, extension 2644, if you require any further clarification of the Policy or MOU. Sincerely, =David chest an Principal/Engineer Groundwater Quality Branch Enclosure ATTACHMENT 2 •r recycled paper 6 Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 AN AFFIRMATIVE ACTION EMPLOYER November 18, 1993 Dear City Manager: Subject: Storm Water Infiltration Device Policy The Santa Clara Valley Water District's (District) Board of Directors adopted the attached Resolution No. 93-59 on August 24, 1993, to state its policy and outline a program to address the use of infiltration devices for disposal of storm water. We appreciated the valuable comments and assistance provided by you and your staff during development of this policy over the last year. We believe the policy allows for implementation of desired nonpoint source pollution control measures while protecting our critical groundwater resources from contamination. This transmits a copy of a Memorandum of Understanding (MOU) Agreement which we propose for execution between your agency and the District. The MOU is designed to satisfy federal and state requirements for local shallow drainage well control programs while minimizing impacts to city and county staff workloads. It is comprised of two parts: (1) Part A, existing Storm Water Infiltration Devices (SWID) and (2) Part B, new SWIDs. Our desire is for all local agencies to enter into Part A of the MOU with the District to assist in locating existing SWIDs in order to comply with United States Environmental Protection Agency reporting requirements. Only local agencies which choose to allow new SWIDs would also execute the optional Part B of the MOU. We believe it will benefit your city and the county to sign Part A of the MOU because it: (1) allows for continued use of existing SWIDs in low -risk areas and a phased approach to consider future elimination of these devices from high -risk areas, (2) promotes interagency coordination on SWID reporting requirements, (3) reduces the regulatory burdens on well owners by not having to report directly to state and federal agencies, and (4) commits the District to conducting an evaluation of the risks posed by existing SWIDs in the next 2 to 3 years. The enclosed Executive Summary provides a synopsis of the scope and implications of the policy. Also, enclosed is a supplement to the District's "Standards for the Construction and Destruction of Wells and Other Deep Excavations" that describes minimum construction standards applicable to SWIDs. District staff is available to discuss the MOU or related documents with your public works director or other designated staff. We would appreciate a response regarding the execution of the MOU within 3 months in order to meet the planned implementation schedule. We request that two originals of the MOU be signed and transmitted to Ms. Belinda Allen at the District. The District will then execute the MOU and return one original copy for your records. =S recycled paper City Manager 2 November 18, 1993 I appreciate your cooperation and assistance on this important program. My staff is available to meet with you or your staff to discuss the MOU and the policy at your convenience. Please contact Mr. David Chesterman at the Camden Office, (408) 927-0719, extension 2630, or Ms. Belinda Allen, extension 2644. Sincerely, Ronald R. Esau General Manager Attachments cc: Mr. Roland H. Sun Senior Sanitary Engineer San Jose/Santa Clara Water Pollution Control Plant 700 Los Esteros Road San Jose, CA 95134 Mr. Bruce Bane Director of Public Works City of Los Altos 1 North San Antonio Road Los Altos, CA 94022 Mr. Tim Ko Deputy Public Works Department City of Mountain View P.O. Box 7540 Mountain View, CA 94039-7540 Mr. Donald Wimberly Public Services Director City of Mountain View P.O. Box 7540 Mountain View, CA 94039-7540 Mr. Dave Parker Santa Clara Fire Department 777 Benton Street Santa Clara, CA 95050 Mr. Richard Mauck Deputy Director of Public Works City of Santa Clara P.O. Box 388 Santa Clara, CA 95052 Director of Environmental Services City of San Jose 801 North First Street San Jose, CA 95110 Mr. Gary Lynch Office of Environmental Management City of San Jose 777 North First Street, Suite 450 San Jose, CA 95112 Mr. Steven T. Piasecki Director of Planning City of Campbell 70 North First Street Campbell, CA 95008 Director of Planning City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Mr. Michael A. Dorn Director of Planning City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Ms. Deborah S. Nelson Director of Planning City of Los Altos - 1 North San Antonio Road Los Altos, CA 94022 City Manager 3 November 18, 1993 Director of Planning Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Mr. Lee E. Bowman Director of Planning Town of Los Gatos 110 East Main Street P.O. Box 949 Los Gatos, CA 95031 Director of Planning City of Milpitas 455 East Calaveras Boulevard Milpitas, CA 95035 Director of Planning City of Monte Sereno 18041 Saratoga Los Gatos Road Monte Sereno, CA 95030 Director of Planning City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 Director of Planning City of Mountain View 500 Castro Street P.O. Box 7540 Mountain View, CA 94303 Mr. Kenneth Schreiber Director of Planning City of Palo Alto 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Mr. Gary Schoennauer Director of Planning City of San Jose 801 North First Street San Jose, CA 95110 Mr. Geoffrey Goodfellow Director of Planning City of Santa Clara 1500 Warburton Avenue P.O. Box 388 Santa Clara, CA 95052 Mr. Stephen A. Emslie Director of Planning City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Ms. Trudi Ryan Planning Officer City of Sunnyvale 456 West Olive Avenue P.O. Box 3707 Sunnyvale, CA 94088-3707 Mr. Isao Kobashi, Program Manager Santa CNra County 1735 North First Street, Suite 275 San Jose, CA 95112 Mr. Steve Ritchie Regional Water Quality Control Board 2101 Webster Street, Suite 500 Oakland, CA 94612 Mr. Tom Mumley Regional Water Quality Control Board 2101 Webster Street, Suite 500 Oakland, CA 94612 Mr. William Leonard Regional Water Quality Control Board Central Coast Region 81 Higuera Street, Suite 200 San Luis Obispo, CA 93401-5414 Mr. Jim Blamey Santa Clara County Health Department 2220 Moorpark Avenue San Jose, CA 95128-2690 City Manager 4 November 18, 1993 Fire Marshall Campbell Fire Department 123 South Union Avenue Campbell, CA 95008 Mr. Gordon Simpkinson Central Fire Protection District 14700 Winchester Boulevard Los Gatos, CA 95030-1818 Mr. Stuart Farwell Los Altos Fire Department 10 Almond Avenue Los Altos, CA 94022 Fire Prevention Bureau Milpitas Fire Department 777 South Main Street Milpitas, CA 95035 Ms. Sharon Kohlmannslehner Morgan Hill Fire Department 18980 Monterey Road Morgan Hill, CA 95037 Mr. Gary Leinweber Mountain View Fire Department 1000 Villa Street Mountain View, CA 94041 Mr. Jim Timko Palo Alto Fire Department 250 Hamilton Avenue Palo Alto, CA 94301 Larry Monette, Ph.D. Santa Clara Fire Department 777 Benton Street Santa Clara, CA 95050 Mr. Ron Staricha Sunnyvale Department of Public Safety 700 All American Way Sunnyvale, CA 94088-3707 Ms. Isabel S. Gloege Environmental Program Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Mr. Nick Amper Gilroy Fire Department 7070 Chestnut Street Gilroy, CA 95020 Mr. Lee Esquibel Santa Clara County Health Department 2220 Moorpark Avenue San Jose, CA 95128-2690 Ms. Cynthia Bowers Groundwater Pollution Control Section United States Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105-3901 Mr. Bill Helm Director of Public Works City of Campbell 70 North First Street Campbell, CA 95008 Mr. Bert Viskovich Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Mr. Jeff Peterson Director of Public Works Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Mr. Wesley D. Smith Community Development Manager City of Milpitas 455 East Calaveras Boulevard Milpitas, CA 95035 City Manager Mr. Steve Machida City Engineer City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 Mr. Gordon Siebert Director of Public Works City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 Mr. Glenn S. Roberts Director of Public Works City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Mr. Fred Herman Chief Building Office City of Palo Alto 250 Hamilton Street, Fifth Floor Palo Alto, CA 94301 Mr. Ralph Qualls Director of Public Works City of San Jose 801 North First Street San Jose, CA 95110 Mr. James F. Sirr County Surveyor Santa Clara County 70 West Hedding Street San Jose, CA 95110 Mr. Larry Perlin City Engineer City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 5 November 18, 1993 Mr. Norman S. Allen Director of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Mr. Rhoen Taylor Public Works Director Moffett Field Mountain View, CA 94035 Mr. Larry Janda Director of Public Works City of Mountain View P.O. Box 7540 Mountain View, CA 94039 Mr. Robert R. Mortenson Director of Public Works City of Santa Clara P.O. Box 388 Santa Clara, CA 95052 Mr. Marvin Rose Director of Public Works City of Sunnyvale P.O. Box 3707 Sunnyvale, CA 94088-3707 Ms. Sally Reed County Executive County of Santa Clara 70 West Hedding Street San Jose, CA 95110 MEMBERS OF THE SANTA CLARA COUNTY/CITY MANAGERS' ASSOCIATION Mr. Mark J. Ochenduszko City Manager City of Campbell 70 North First Street Campbell, CA 95008 Mr. Donald D. Brown City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Mr. Jay Baksa City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Ms. Dianne Gershuny City Manager City of Los Altos 1 North San Antonio Road Los Altos, CA 94022 Mr. Les Jones City Manager City of Los Altos Hills 26379 Fremont Road Los Altos, CA 94022 Mr. David Knapp Town Manager City of Los Gatos P.O. Box 949 Los Gatos, CA 95031 Mr. Lawrence M. Moore City Manager City of Milpitas 455 East Calaveras Boulevard Milpitas, CA 95035 Ms. Rosemary Pierce City Manager City of Monte Sereno 18041 Saratoga Los Gatos Road Monte Sereno, CA 95030 Mr. David Biggs City Manager City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 Mr. Kevin Duggan City Manager City of Mountain View P.O. Box 7540 Mountain View, CA 94039 Ms. June Fleming City Manager City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Mr. Les White City Manager City of San Jose 801 North First Street San Jose, CA 95110 Ms. Jennifer Sparacino City Manager City of Santa Clara P.O. Box 388 Santa Clara, CA 95052 Mr. Harry R. Peacock City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Mr. Thomas F. Lewcock City Manager City of Sunnyvale P.O. Box 3707 Sunnyvale, CA 94088-3707 FL1117k SANTA CLARA VALLEY WATER DISTRICT EXECUTIVE SUMMARY PROPOSED STORMWATER INFILTRATION POLICY This Executive Summary has been revised since we last transmitted it on July 6, 1993, in order to reflect the most recent changes to the proposed Storm Water Infiltration Policy. The policy is comprised of three documents: 1) the proposed District resolution regarding Storm Water Infiltration Devices in Attachment B; 2) the proposed Memorandum of Understanding (Le., Agreement) in Attachment C; 3) and the proposed modifications to the District's well standards in Attachment D. These documents outline the policy and program elements necessary to achieve the dual objective of protection of groundwater quality and improvement of storm water quality. They establish a program to expand on the existing permitting requirements for storm drainage wells and to regulate a more broadly defined group of storm water infiltration devices. Devices Proposed to he Regulated It is the intent of the policy to regulate those devices that are associated with the highest risk of polluting groundwater. These devices are generally greater than 10-feet deep. Under the proposed policy, new storm water infiltration devices are subject to specified siting requirements and construction standards. Permitting and inspection would not be required for new storm water infiltration devices that are less than 10-feet deep. New infiltration devices of any depth will not be allowed in high risk areas. The draft policy addresses the regulation of the following types of Storm Water Infiltration Devices: • Storm Water Drainage Wells • Infiltration Trenches and Galleries • Storm Water Infiltration Ponds Bubble -Ups Storm Water Drainage Sumps (i.e., lined collection ponds) Unlined Retention Ponds Detention Ponds Devices Excluded The following devices are excluded by definition from permitting and, therefore, are not subject to regulation under this policy: • Septic Tanks and Systems • Naturally occurring bodies of water • Lined Catch Basins and Storm Water Retention Ponds, Detention Ponds, and Drainage Sumps • SCVWD Percolation Ponds • Underground Utility Vaults 1 Devices Exempted The policy exempts residential and building entry way wells and tree root watering holes which are less than 10-feet deep. Existing Devices The proposed policy provides for the continued use of existing storm water infiltration devices in low risk areas and, possibly, in high risk areas. The District, with local agency concurrence, will determine possible phased destruction or monitoring of certain individual or categories of devices by device owners over the next several years based the relative risk to groundwater quality of surrounding land use. This risk determination would be made by the District in about 3 years based on the general risk categories presented in Table 1 of the Memorandum of Understanding. New Devices In general, the City staff agreed that new Storm Water Infiltration Devices should not be allowed with exceptions for some specific applications as noted in the policy documents. However, the proposed policy also includes an optional agreement under the Memorandum of Understanding, Part B, for those municipalities which choose to allow construction of new Storm Water Infiltration Devices. If signed, the agreement requires that local municipalities implement a regulatory oversight and control program for construction of new Storm Water Infiltration Devices. The regulatory oversight and control program for allowing new Storm Water Infiltration Devices includes an evaluation of proposed use of the device in conjunction with the proposed surrounding land us? relative to the risks to groundwater quality. Table 2 in the Memorandum of Understanding presents the level of risk associated with general types of surrounding land use and the regulatory oversight and monitoring requirements for new Storm Water Infiltration Devices. District's Role in Implementing Policy The District will permit new and register existing Storm Water Infiltration Devices, and regulate the construction/destruction existing devices under the authority of District Ordinance 90-1. The District would also be responsible for implementing a program which may require the destruction of existing wells in those jurisdictions that do not choose to implement a local control program. The District will implement a program to evaluate risk associated with allowing storm water infiltration devices within each municipality's jurisdiction, and with local agency concurrence, to prioritize destruction or monitoring of existing devices. Role of the Municipalities The role of the municipalities would be the following four functions relative to the decision to maintain use of existing devices and to allow new devices. 1. Administration of an educational program in conjunction with the Nonpoint Source Control (NPS) Program by applying the NPS education and administrative elements to infiltration devices. Examples would be to: 1) stencil all the infiltration device inlets in streets; 2) include inspection of infiltration devices into HazMat and building inspectors inspections; and 3) incorporate information regarding groundwater pollution prevention into educational materials and brochures. 2 2. Prepare an annual report to the District regarding the locations of existing storm water infiltration devices found as a result of local agency Hazardous Materials Business Plan or NPS inspection. 3. Provide the District with land use information and work with the District on prioritizing high risk areas for eventual destruction or monitoring of high risk infiltration devices. 4. Implement a regulatory oversight program for construction of new storm water infiltration devices and notify the District of proposed infiltration devices regulated under this policy. linfpolc.exs {jsc} 3 SANTA CLARA VALLEY WATER DISTRICT STORM WATER INFILTRATION DEVICE POLICY MEMORANDUM OF UNDERSTANDING The Santa Clara Valley Water District (District) developed the Storm Water Infiltration Device Policy (Policy) to prevent the use of storm water infiltration devices causing groundwater contamination or compounding the complexity or severity of existing pollution. The Policy adopted by the District Board outlines a coordinated effort among agencies to locate and register storm water infiltration devices, report the existence of the devices to the U.S. Environmental Protection Agency (EPA), identify and develop an implementation plan for destroying and/or monitoring devices in high risk land use areas, and regulate the installation of new devices. This policy is implemented by execution of Memorandum of Understandings (MOU) with each of the cities and the county. This summary provides information on City, County, and District obligations under the MOU. GENERAL INFORMATION ON THE STORM WATER INFILTRATION DEVICE POLICY • Requires a program to locate and register existing storm water infiltration devices. • Prohibits construction of new devices unless permitted. • Required by Federal Law and San Francisco Bay Basin Water Quality Control Plan • Applies to municipal and private storm water infiltration devices. • Does not include retention or detention ponds, lined catch basins, drainage sumps, and devices less than 10 feet deep. • Continued use of storm water infiltration devices will be allowed in municipalities which sign Part A of the MOU. DEVICE LOCATION AND REGISTRATION • New or expanded inspection programs are not necessary. The most important goal of the MOU is to identify devices located at facilities where land and/or chemical use increases the risk associated with storm water infiltration devices. Such facilities are already subject to one or more inspection programs. • Municipalities will incorporate a request for information regarding the existence of storm water infiltration devices into existing Nonpoint Source and/or Hazardous Materials inspection programs. The request for information concerning proposed and existing devices should also be incorporated into Building and Public Works permit reviews and inspections. • Municipal staff will perform periodic followup inspections of known storm water infiltration devices at facilities with Hazardous Materials Business plans (HMBP) during regularly schedule inspections of HMBP facilities, at a minimum. Municipalities are encouraged to perform periodic inspections of known devices at all facilities inspected. CT0818b 1 • Storm water infiltration device owner of Municipal staff will stencil or label each storm water infiltration device with statement prohibiting discharge of chemicals and other non-stormwater substances into the device. The District will provide a stencil. The District will perform all necessary registration and permitting activities, including device installation and destruction inspections, once devices are reported. The District will also provide all necessary forms for these activities. REPORTING Municipalities will provide the District with annual reports summarizing information on each storm water infiltration device discovered during the reporting period. The District will provide an annual report format to municipalities on request. • The District will consolidate the annual reports and forward a summary report to the EPA and the Regional Water Quality Control Boards (Regional Board) to facilitate compliance with applicable reporting regulations. • The District will provide 4-copy notification forms, with spaces for owner and device registration information, which inspectors and reviewers can distribute to their coordinating department, the District, the device owner, and their files. • City or County staff will report any known or suspected industrial discharges or hazardous materials spills and leaks which may have entered a storm water infiltration device to the District. The District will perform required follow up activities on such reports and forward cases to the Regional Board and EPA, if appropriate. EDUCATION/PUBLIC OUTREACH • Municipal staff who discover a storm water infiltration device should inform the device owner of the registration requirements and distribute District -provided educational materials. • The District will provide training to inspectors on identifying storm water infiltration devices. • The District will provide educational material describing regulations and permit requirements pertaining to storm water infiltration devices for distribution by City and County staff. RISK ASSESSMENT/HIGH-RISK DEVICE IDENTIFICATION • The District will conduct an evaluation of the relative risk posed by infiltration devices to groundwater quality and submit recommendations to each City and the County, and appropriate agencies/parties, for comment within 18 months after municipal submittal of the first annual report. NEW STORM WATER INFILTRATION DEVICES CT0818b 2 • Prohibits construction of new storm water devices, except in low risk areas where the municipality has executed a MOU-Part B with the District. • Municipalities are responsible for regulating the use of new devices. Regulatory program elements are defined in the MOU-Part B. • The District will be responsible for approving, permitting, and inspecting new devices where the municipality has approved the devices and has executed MOU-Part B. CT0818b 3 PART B (OPTIONAL) NEW STORM WATER INFILTRATION DEVICES A. The District shall allow the new construction of Storm Water Infiltration Devices within low risk areas of the City or County in accordance with the conditions of Table 2 of this Agreement. B. The regulatory oversight and monitoring program to be implemented by the City or County for new construction of Storm Water Infiltration Devices shall be subject to approval by the District and shall include, at a minimum, the following elements: 1. The City or County shall review all plans for property development to evaluate any proposed new storm water infiltration device use and alternatives to use of such devices and shall determine if the City or County recommends this method of storm water runoff disposal in conjunction with the proposed land use as listed in Table 2. 2. The City or County shall review the depth to groundwater, potential for nuisance problems, and whether or not the proposed well would comply with siting restrictions contained in District well standards to protect groundwater quality. 3. After City or County siting approval, the property owner will be referred to the District for a well construction permit, including any requests for exception to the siting restrictions in District well standards. 4. City or County shall implement a process to ensure and verify that District well construction permits have been issued prior to the beginning of construction 5. The District shall provide permit and inspection of the Storm Water Infiltration Devices completion and shall submit a well completion report to the City or County, California Department of Water Resources and the U.S. Environmental Protection Agency. 6. City or County shall perform or require the property owner to conduct periodic sampling of storm water runoff and sediments that enter or potentially could enter Storm Water Infiltration Devices. This agreement may be terminated by either party by written notice and by resolution at least "90 days prior to requested termination date. Nonperformance by either party shall result in termination of this agreement. If this agreement is terminated by the City or County, the District will not allow new devices to be installed within the City or County jurisdiction from the date of termination. Any new Storm Water Infiltration Devices installed under this portion of the agreement prior to termination shall be subject to the terms of Part A of this Agreement. MC9415 5 CITY OR COUNTY Date: By: (Title) APPROVED AS TO FORM: By: City or County Counsel Ai FEST: SANTA CLARA VALLEY WATER DISTRICT Date: By: Chairman, Board of Directors Date: By: General Manager APPROVED AS TO FORM: By: General Counsel ATTEST: SUSAN A. PINO Clerk/Board of Directors MC9415 6 Preliminary Evaluation of Risk and Continued Use 0 a) 0 O z a) 0 a, 0 a) 0 a) 0 O z Undetermined ct O a) -D 0 a Tti 1-4 a) 0 Risk Factor SITE USE Parks/Open Space 3 0 Conditionall'2 0 z z Agricultural Low-Med N a o 4 0 U � i-, Tid co nzs g Low-Med N .--' 0 0 u r Commercial Med-High 0 ¢ < z Industrial o 0 z Z Z Risk Factor _o d co• ca.) ca o o •a-+ •i O al U 00- E NN cd � cn a 'O z ocu c i-, ..a a) a)..., ct 3 a? c 01 �° 3 c o -c I en o -c 5 U O O E o o a)U cn c U O 'b > > .'� a)w Z a) a) ) a .c r),-.� a) z " a) o ct aq�-0 o O o &Ri )._ . - -bb , cj W a, a c 4.c 0 •o73U)�2 a.,. 0 0 UQ QON `'" 0 SANTA CLARA VALLEY WATER DISTRICT WELL STANDARDS Supplement to "Standards for the Construction and Destruction of Wells and other Deep Excavations In Santa Clara County" STORM WATER INFILTRATION DEVICES This Supplement, adopted by the Board of Directors of the Santa Clara Valley Water District (District) on August 24, 1993, is effective under Section 7.1 of Ordinance 90-1. The sections of this document beginning with "Definitions" shall be appropriately incorporated into the next revision of "Standards for Construction and Destruction of Wells and other Deep Excavations in Santa Clara County" (District Well Standards). Objective As stated in the Introduction to the District Well Standards, available from the District Well Section, improperly constructed wells can he conduits for chemical migration resulting in groundwater contamination. The primary objective of the District Well Standards is to protect groundwater from the hazard of contamination by ensuring proper siting and proper construction of all types of wells. Background Storm water infiltration devices, such as storm water drainage wells (dry wells), have been commonly used to dispose of surface drainage water to the underground. They are used to receive surface drainage in areas of insufficient slope where normal runoff patterns may cause temporary ponding. Storm water infiltration devices are also used to bypass surface soils that restrict drainage because of high clay content. Storm water drainage wells are sometimes used in conjunction with holding ponds or settling ponds and chambers. Storm water infiltration devices have also been used to provide temporary drainage of local areas undergoing new development until positive drainage to a new storm sewer could he provided. Infiltration wells and galleries are sometimes used to accelerate the cleanup process at chemical spill sites. These devices allow infiltrating water to leach chemicals in the soil to the groundwater where the pollutants can be removed by groundwater pumping. The groundwater mound created by infiltrating water is sometimes used to control or direct the groundwater gradient toward extraction wells. Such operations are regulated by the Regional Water Quality Control Board (Regional Board), Cal -EPA Department of Toxic Substances Control (DTSC), U.S. EPA, or other regulatory agencies. These activities are not included in this protocol nor are these infiltration wells, trenches, or galleries considered to be storm water infiltration devices. The storm water drainage well standard supplement to the District Well Standard does not include storm water drainage sumps, unlined storm water retention or detention ponds, lined catch basins, percolation ponds operated by the District, or naturally occurring surface water bodies and wetlands. Storm water infiltration devices exempted from the permitting process are residential roof and building entryway drains, and tree root watering holes less than 10 feet deep. R9412 1 Protection of Groundwater Quality Optimum conditions for locating storm water infiltration devices are where the depth to first groundwater is substantially below the bottom of the storm water drainage well or other infiltration device. The greater the unsaturated thickness and degree of stratification below the bottom of the drainage well, the more groundwater quality will be protected from polluted' or contaminated water by natural attenuation processes through the unsaturated zone. As the infiltrating water slowly passes through unsaturated soils, the water and pollutants are subject to a variety of attenuating natural treatment processes including aerobic biochemical transformations, oxidation, adsorption, filtration, and/or other physical and chemical processes which remove or degrade pollutants. This process is referred to as "natural protection" of groundwater. If the unsaturated thickness beneath the well is not adequate to provide sufficient attenuation, the result may be that polluted or contaminated water is injected directly into groundwater. Under the State Water Code (Sections 13263.5 and 13382) and the Health and Safety Code, it is prohibited to allow chemicals to enter injection wells, including storm water drainage wells, without waste discharge requirements. The unregulated discharge of pollutants is illegal and State Water Code Section 13263(g) provides the authority to require the proper destruction of storm water drainage wells. Under State Water Code Section 13801(c), local agencies were required to adopt a well standard ordinance which meets or exceeds the State Well Standard (Bulletin 74-81, amended to 74-90) before January 15, 1990. The District Ordinance 90-1 and the District Well Standards were already in place. On September 16, 1992, the Regional Board adopted an amendment to the San Francisco Bay Basin Water Quality Control Plan (Basin Plan) titled "Shallow Drainage Wells." The Regional Board Shallow Drainage Well Program consists of two main elements; (1) locating existing wells, and (2) regulating existing wells and new wells. This District program to develop standards for storm water drainage wells and to coordinate with the cities and county is in response to the new Basin Plan requirements. Potential Performance Problems of Storm Water Infiltration Device It is recommended that storm water drainage wells only be considered as a short-term interim measure for disposing of storm water due to several performance problems that often occur. During normal operation of storm water drainage wells, the filter pack eventually becomes clogged with particulates or organic growth, reducing well performance below the expected design capacity. As a result, the well will fail to adequately dispose of storm water and flooding may occur. In some areas, a high percentage of storm water drainage wells have failed because of siltation, some even within months after construction. Settling basins have been used to remove silt from water entering storm water drainage wells, thereby prolonging the well's operational life. Depending on the size of the settling basin or tank, a high level of maintenance may be required to remove the accumulated silt from the settling basin. High flows may overwhelm the settling effect, and turbid water will be discharged into the well with the eventual inevitable failure despite engineered features and intensive maintenance. During construction of storm water drainage wells, the mechanical action of the drilling on moist soils may cause a clay smear or clogging of the natural formation. Unlike water wells, dry wells cannot be developed to improve their performance after construction nor can they be redeveloped if they clog due to operation. 'Defined in California Water Code Section 13050(1) R9412 2 cannot be developed to improve their performance after construction nor can they be redeveloped if they clog due to operation. (Add to page 2 of District Well Standards after "Recharge or Injection Wells") DEFINITIONS Bubble -up A bubble -up is a structure designed to transport storm water from a gutter or other storm water conveyance system below ground into another gutter or storm water conveyance system, or to a storm water detention pond. A typical bubble -up consists of two risers connected by a pipe beneath grade. The inlet of the upstream riser is higher in elevation than ti:e outlet of the downstream riser allowing water to move freely through the system by gravity. After a storm, the bubble -up remains filled with water which infiltrates to the subsurface through the open (unlined) bottoms of the two risers. Bubble -ups are considered storm water drainage wells under these Supplemental District Well Standards. Catch Basin Lined structures intended to collect sediment and other material in storm water drainage and conveyance systems. Dry Well See Storm Water Drainage Well. French Drain See Infiltration Trench. Infiltration Trench or Infiltration Gallery A trench or system of interconnected trenches (gallery) backfilled with sand or gravel, which may contain perforated pipe (well screen), used for the purpose of injecting or infiltrating water into the subsurface. If the water entering the trench or gallery is surface runoff, then the structure is considered a storm water drainage well under these Supplemental District Well Standards. Percolation Pond A pond or other facility operated and managed by the District for the purpose of recharging groundwater basins. Percolation ponds are not normally operated during storm events because of excessive turbidity in the storm water. Shallow Drainage Well See Storm Water Drainage Well. R9412 3 Storm Water Detention Pond A settling pond or holding pond that temporarily stores water to reduce peak storm flows and/or allow particulates (turbidity) to settle. A detention pond is designed to drain to a storm sewer, stream channel, or other storm water conveyance system. Storm Water Infiltration Device Any structure or device that is designed to collect storm water, or other drainage water, and infiltrate that water or a portion of that water into the subsurface. The definition of storm water infiltration device does not include any type of septic system or other degraded water disposal system, any infiltration or injection of water other than storm water drainage or surface runoff, nor does it include storm water detention or retention ponds, District percolation ponds, lined storm water drainage sumps, lined catch basins, or any naturally occurring body of surface wate-, including wetlands. Underground utility vaults which are not intended to collect storm water are excluded from this standard. Storm Water Drainage Sumps Lined storm water collection points or structures from which the storm water is pumped to another location. Storm Water Drainage Well A storm water drainage well is a structure placed in an excavation or boring which collects storm water and infiltrates all or part of that storm water into the subsurface. Storm water drainage wells may also be called dry wells, shallow drainage wells, storm water infiltration devices, bubble -ups, disposal wells, and other similar terms. Storm water infiltration trenches and galleries, sometimes called "french drains," are included in this definition. Unlined bubble -ups are included in this definition. Thus, when the term storm water drainage well is used in this Supplemental District Well Standard, it specifically includes storm water infiltration trenches and galleries, unlined bubble -ups, and dry wells. Drainage wells (a.k.a. dry wells) and disposal wells are subclasses of U.S. EPA Class V Injection Wells, as defined in the Safe Drinking Water Act of 1974, and subsequent amendments (40 CFR 144.6[e1). Storm Water Retention Pond A pond designed and constructed for the purpose of storing storm water and subsequently infiltrating the storm water to the subsurface. A retention pond will not fully drain to a storm sewer, stream channel, or other storm water conveyance system. Well or Water Well "Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include: (1) oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells, or (2) wells used for the purpose of (a) dewatering excavation during construction, or (b) stabilizing hillsides or earth embankments (from Water Code Chapter 10, Article 2, Section 13710). R9412 4 (Add to page 14 of District Well Standards after "Elevator Shafts") STANDARDS FOR STORM WATER DRAINAGE WELLS General Siting and Construction Requirements Storm water drainage well construction shall be allowed only in areas where the city or county has adopted a Memorandum of Understanding (MOU) with the District for an approved regulatory oversight and control program for storm water drainage wells. The District will not issue construction permits for storm water drainage wells unless the city or county having jurisdiction allows them, has adopted Part B of the MOU with the District, and has established a regulatory oversight and control program. 2. As a performance standard, the owner shall demonstrate, to the satisfaction of the District geologist, that a sufficient thickness of unsaturated zone is present to provide natural protection of the groundwater. An optional prescriptive standard is as follows: a) There shall he no less than thirty (30) feet of unsaturated zone between the base of the drainage well and the highest seasonal water table at the site, including perched zones, and b) The total depth of a storm water drainage well shall not exceed thirty (30) feet below the natural ground surface. 3. The District does not assume any risk or liability associated with the installation and operation of a storm water drainage well by issuing a construction permit or by processing a "Notice to Continue Use of a Storm Water Drainage Well." Any risk or liability is the full responsibility of the well owner. These risks are not limited to, but do specifically include, pollution of soil and/or groundwater and the occurrence of nuisance conditions as a result of the use and/or misuse of the well. Siting Restrictions and Prohibitions All storm water drainage wells shall he located an adequate horizontal distance from potential sources of contamination and pollution. Most of the factors involved in determining safe distances are usually not known. The following distances, on the basis of past experience and general knowledge, are safe where dry upper unconsolidated formations, Tess permeable than sand, are encountered. On this basis, areas and locations where storm water drainage wells are unsuitable or pose a serious threat to groundwater quality and where storm water drainage wells are, therefore, prohibited are as follows: 1. Locations within two hundred fifty (250) feet of any water supply well. 2. Locations within two hundred fifty (250) feet of any septic tank, leach field, pit privy, or cesspool. 3. Locations where hazardous chemical storage, handling, or use exists within the area that drains to the storm water drainage well. R9412 5 4. Locations within five hundred (500) feet of an underground tank or an above ground tank storing chemicals, a sanitary landfill, or a chemical waste disposal site. (Such locations may be approved by the District geologist based upon site specific considerations.) 5. Properties where a Hazardous Materials Business Plan (IIMBP) has been issued, or where anticipated use of the property may reasonably include activities requiring a HMBP, are unsuitable because of the wide variety and magnitude of contaminants from industrial uses, and the potential for accidental or purposeful disposal of these chemicals into a storm water drainage well. 6. Locations where polluted water or chemicals may discharge directly to the storm water drainage well. These locations shall be based on criteria developed in cooperation with the city or county under the MOU, Part A. 7. On properties where chemical spills have occurred, or which are listed as a contamination case with the District, a Regional Water Quality Control Board, Cal -EPA DTSC, or the U.S. EPA. 8. At any location where the presence of a storm water drainage well may cause a change in the rate or direction of contaminant migration or a disturbance of plume management. 9. In locatiqns where runoff from heavily irrigated agricultural or landscaped areas may enter the storm water drainage well. Pesticides and fertilizers used in agriculture and in landscaping in commercial areas may adversely impact groundwater. 10. Areas where direct infiltration of storm water has the potential to cause nuisance conditions or damage to property. Such conditions may include the creation. of unstable hill slopes or stream banks, waters surfacing creating a hazard and vector problems, water surfacing along steep hanks causing erosion, and high water table conditions causing waterlogging. 11. An exception to these requirements must he approved by the District geologist. Under certain circumstances, adequate protection of groundwater quality may require more stringent standards than those presented here. Under other circumstances, it may be necessary to substitute other measures which will provide protection equal to that provided by these standards. Exclusions This standard does not apply to storm water drainage wells which are Tess than ten (10) feet deep and which receive only roof drainage from single family residential property or building entry ways; that is, where the device and collection system are constructed in such a way that no drainage from surface water and/or landscaped areas can enter the roof drainage sump. This standard does not apply to holes less than ten (10) feet deep -Installed for the purpose of watering the roots of trees. This standard does not apply to lined municipal storm water catch basins, designed to collect sediment or debris in storm water conveyance systems, or to lined storm water drainage sumps. R9412 6 Shallow storm water drainage wells, less than ten (10) feet deep, do not require permit, monitoring, and inspection, but are subject to all general siting and construction requirements, siting restrictions and prohibitions, annular space sealing conditions, and surface construction features. Rather than a permit, the owners of shallow storm water drainage wells shall file a "Notice to Continue Use of a Storm Water Drainage Well." MATERIALS AND PROCEDURES The section on "Materials and Procedures" for well construction beginning on page 16 of the "Standards for the Construction and Destruction of Wells and other Deep Excavations in Santa Clara County" and in the California Department of Water Resources Bulletins 74-1, 74-81, 74-88, and 74-90 apply to the construction of storm water drainage or drainage wells. Annular Space Sealing Conditions All storm water drainage wells over five (5) feet deep must be cased and sealed in accordance with the District Well Standards. The established standards for annular space requirements, casing materials, centralizers, sealing materials, placement methods, etc. apply to storm water drainage wells. The minimum length of annular seal from the ground surface to the gravel packed interval is five (5) feet. The sealing material shall be neat cement, sand cement, or bentonite cement Thick bentonite slurry is not an appropriate sealing material for storm water drainage wells because of desiccation problems near the surface. The filter material placed in or around the storm water drainage well screen shall be clean and consist of a material acceptable for use with water supply wells. Storm water drainage wells which are constructed without casing, such as bubble -ups and french drains, and the cement sides of the structures shall be poured in direct contact with the native soil. Surface Construction Features The surface completion for storm water drainage wells over five (5) feet deep shall consist of a concrete pad at least one (1) foot thick and two (2) feet wider than the outer casing around the well inlet structure or settling chamber, unless the inlet structure is located in a paved area. Site specific design and operation criteria may dictate additional requirements at the owner's discretion. The well head shall be permanently marked with the legend "NO DUMPING —GOES TO DRINKING WATER" and the State Well Number in a manner that it can be clearly seen. The inlet structure shall be marked or stencilled according to the format applied by the Nonpoint Source Program to existing storm water drainage wells (MOU, Part A, Section C[4]). If required, the associated groundwater monitoring well shall have a locked watertight cap and shall be permanently marked with the legend "MONITOR WELL FOR STORM WATER DRAINAGE WELL." Completion Report In accordance with the general conditions of all well permits, the driller must complete State DWR Form 188 (Driller's Log) and submit the original to the Santa Clara Valley Water District within 30 days of the completion of the well. Because storm water drainage wells may have unusual or additional construction features, a drawing of the final as -built well shall be included with the DWR Form 188. If a monitoring well is required, it shall be identified clearly, by permit number and State Well Number, on the site plan for the storm water drainage well. R94I2 7 (Add to District Well Standards section titled "WELL DESTRUCTION STANDARDS" beginning on page 23.) DESTRUCTION STANDARDS FOR STORM WATER DRAINAGE WELLS When a storm water drainage well is no longer needed, if it has failed, or if conditions change so that a storm water drainage well would be prohibited at that location, then the storm water drainage well cannot be abandoned intact. All abandoned or unusable wells, including those that no longer meet their intended purpose, must be properly destroyed at the owner's expense, in accordance with the provisions of Ordinance 90-1, the District Well Standards, these Supplemental District Well Standards, and "Guidelines for Closure of Shallow Disposal Wells," EPA -Region 9, 1992. (Add to District Well Standards on page 23, after item 5.) The following requirement for storm water drainage well destruction is added to the District Well Standards. • A storm water drainage well that no longer serves its original purpose or that poses a threat to groundwater. (Add to District Well Standards at the end of page 29 after "Special Sealing Standards for Shallow Monitoring Wells. ' ) SPECIAL SEALING STANDARDS FOR STORM WATER DRAINAGE WELLS Preliminary Work 1. Any surface structures, such as settling basins, grates, piping, etc. shall he removed. 2. Because of the nature of construction of typical storm water drainage wells, with long perforated intervals bypassing the natural protection, these wells will have to be completely removed for proper destruction. All gravel or other filter material shall be removed to the total depth of the original storm water drainage well. All casing and gravel or filter material outside the casing shall be removed from the well -bore. Alternative destruction proposals for atypical (shallow) storm water drainage wells will be considered on a case -by -case basis. 3. Environmental samples shall be collected according to the protocols indicated and analyses specified in "Guidelines for Closure of Shallow Disposal Wells," EPA -Region 9, 1992. The results of the analytical sampling shall be submitted to the appropriate Regional Board. to the city or county having jurisdiction, and to the District. 4. The resulting bore hole shall be filled using materials and methods specified on pages 26 and 28 of the District Well Standards. Where practical, it will be allowable to backfill a large diameter, shallow borehole with compacted low permeability soil. If this method is chosen, the plans, methods, and materials specifications shall be submitted with the well destruction permit. R9412 8 CONTINUED USE OF STORM WATER DRAINAGE WELL It is the responsibility of the owners of all existing storm water drainage wells (dry wells, storm water infiltration trenches and galleries, bubble -ups, etc.) in Santa Clara County to file a "Notice to Continue use of a Dry Well" with the District Well Section prior to June 30, 1994. The District will forward copies of the "Notice" to the Regional Water Quality Control Boards and the U.S. EPA, as required by federal law (40 CFR 144.26). Storm water drainage wells existing in high hazard areas; that is, in areas of chemical storage, handling, and use, or where chemical spills have occurred, may need to be properly destroyed immediately in accordance with these Supplemental District Well Standards, the District Well Standard, and "Guidelines for Closure of Shallow Disposal Wells", EPA -Region 9, 1992. In accordance with the MOU, Part A, the District and the cities and county will identify, evaluate, and prioritize the need for investigations and proper monitoring or destruction of those storm water drainage wells which may pose a threat to groundwater quality. All storm water drainage wells that have failed, were abandoned intact, or that are no longer needed, must be properly destroyed in accordance with District Ordinance 90-1, these Supplemental District Well Standards, the District Well Standards, and "Guidelines for Closure of Shallow Disposal Wells," EPA -Region 9, 1992. INTERNAL TRACKING COMPLETE AND INITIAL EACH STEP ACTION RESOLUTION/ORDINANCE NUMBER: DESCRIPTION: DATE BY LIST IN BOOK / 9 9 — 1 ,i/Mt/t) idAiLikA/1/ ) / / / ON DISC? MARIAN'S FORM SENT TO DEPT. PUBLISH IF REQUIRED - SUMMARY Y/N DATE of Publication. WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR SEND COPIES TO DEPT. DISTRIBUTION LIST Dist. Report Date: NO.of COPIES: ! o'' ,, TYPE ENVELOPES AND MAIL SIGN BY CLERK/SEAL A ; ENTER INTO ECM ORDINANCE/RESOLUTION FILE PUT OUR /s/ COPY IN BASKET. Y ' ST FILE IN VAULT 72NV SEND FOR CODIFICATION IF ORDINANCE ! clk:forms\ordres2 OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: BLDG-ENGINEERING 02/06/95 14 RESOLUTION Number: 19954 a Date of Adopt: 02/06/95 STORM WATER INFILTRATION Number: ORDINANCE Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: ALL COUNCIL MEMBERS NAMES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor(or Chairman) RANDY ATTAWAY. ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK: D14:\OTHER\ORDRES RESOLUTION 1995-22 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART A OF THE STORM WATER INFILTRATION DEVICE POLICY, AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT-OF-WAY WHEREAS, the Bay Basin Plan, adopted by the Regional Water Quality Control Board in implementation of the Federal Clean Water Act, requires a control program to locate existing devices and regulate the construction and usage, and the permitting and registration of storm water infiltration devices; and WHEREAS, the "Shallow Drainage Wells" Amendment to the Bay Basin Plan, adopted by the Regional Water Quality Control Board, requires a coordinated effort by state and local government agencies to develop and implement a control program for storm water infiltration devices; and WHEREAS, Town of Los Gatos prohibits new infiltration devices in the public right- of-way; and WHEREAS, a joint agreement has been prepared for Part A of the Storm Water Infiltration Device Policy for the Town of Los Gatos and the Santa Clara Valley Water District, , BE IT RESOLVED, .Liat the approval of the agreement wiui the Santa Clara Valley Water District in support of Part A of the Storm Water Infiltration Device Policy and the Mayor of the Town of Los Gatos is authorized to sign the agreement providing for Implementation Part A of the Storm Water Infiltration Device Policy PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of February, 1995, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck Mayor Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: /s/ Patrick O'Laughlin MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA February 6, 1995 Los Gatos, California CLAIM REJECTION/TOMASINE AMARAL (10C.01) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council reject the claim of Tomasine Amaral filed with the Town Clerk on December 23, 1994. Carried unanimously. PUBLIC RIGHT-OF-WAY TRANSFER/BLOSSOM HILL & ROBERTS ROAD SANTA CLARA COUNTY TRANSFER/RESOLUTION 1995-20 (11.44) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ACCEPT TRANSFER OF PUBLIC RIGHT OF WAY AT BLOSSOM HILL AND ROBERTS ROADS FROM THE COUNTY OF SANTA CLARA. Carried unanimously. RADIOS INSTALLED ON LIGHT POLES/TRAFFIC SIGNALS/METRICOM INC. ENCROACHMENT PERMIT AGREEMENT/RESOLUTION 1995-21 (13.28) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ENCROACHMENT PERMIT AGREEMENT WITH METRICOM. INCORPORATED FOR INSTALLATION OF RADIOS ON STREET LIGHT POLES AND TRAFFIC SIGNALS. Carried unanimously. STORM WATER INFILTRATION DEVICE POLICY/RESOLUTION 1995-22 (14.37) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART "A" OF THE STORM WATER INFILTRATION DEVICE POLICY. AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT-OF-WAY. Carried unanimously. STREET RESURFACING/PROJECT 9421/GRAHAM CONTRACT/RESOLUTION 1995-23 (15.35) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-23 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GRAHAM CONTRACTORS, INC. ON PROJECT 9421 BI-ANNUAL STREET RESURFACING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. CAMINO DEL CERRO 16035/ZONE CHANGE HR-1/ORDINANCE 1994 (16.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1994 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP NO. 127 FROM R-1:20 TO HR-1 FOR 16035 CAMINO DEL CERRO. Carried unanimously. COMMUNITY FORUM REPORT/TOWN'S FINANCIAL FUTURE (18.06) Mayor O'Laughlin announced that staff had removed this item from the agenda. VERBAL COMMUNICATION Shady Lane Development: Diane McLaughlin, 15626 Francis Oaks Way, submitted a petition against the project suggested at Shady Lane, and asking for Council's consideration of the issues raised. TC: D7: MM020695 3