Loading...
Item 18 Staff Report Accept Informational Report Regarding National Pollutant Discharge Eliminating System (NPDES)MEETING DATE: 5/5/03 ITEM NO. COUNCIL AGENDA REPORT DATE: MAY 1, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: ACCEPT INFORMATIONAL REPORT REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) RECOMMENDATION: Accept informational report regarding National Pollutant Discharge Elimination System (NPDES). BACKGROUND: The Federal Clean Water Act is the principle law governing pollution control and water quality of the Nation's waterways. The objective of this Act is to restore and maintain the chemical, physical and biological integrity of the Nation's waters. The Act has been amended numerous times and given a number of titles and codification. It was originally enacted as the Water Pollution Control Act in 1948, and was completely revised by the 1972 amendments. The 1972 amendments gave the Act its current form, and established a national goal that all waters of the U.S. should be fishable and swimmable. This was to be achieved by eliminating all pollutant discharges into waters of the U.S. by 1985 with an interim goal of making the waters safe for fish, shellfish, wildlife, and people by July 1, 1983. The Act regulates discharges to waters of the United States through permits issued under the National Pollutant Discharge Elimination System (NPDES) permitting program. aNtt;) PREPARED BY: ( JOHN E. CURTIS irector of Parks and Public Works Reviewed by: 95 S Assistant Town Manager 01/ Attorney Clerk Finance Community Development Revised: 5/1/03 3:54 pm Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\npdes.5503.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ACCEPT INFORMATIONAL REPORT REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MAY 1, 2003 In the State of California, the Regional Water Quality Control Board (RWQCB) issues NPDES permits to counties and municipalities throughout the State. These permits are revised and amended every few years to accommodate new Federal requirements related to the Clean Water Act. In 1990, The RWQCB issued waste discharge requirements under an NPDES permit for the Santa Clara Valley Urban Runoff Pollution Prevention Program (Program) for the discharge of storm water to the South San Francisco Bay and its tributaries. The Program's NPDES permit is jointly shared by the thirteen Cities of Santa Clara County (including the Town of Los Gatos), Santa Clara County, and the Santa Clara Valley Water District. The NPDES permit was reissued in 1995 and 2001. The current permit requires mitigation of stormwater quality impacts of new and redevelopment projects to the "maximum extent practicable" (MEP). MEP is defined in performance standards for planning procedures and construction inspection, developed by the urban runoff program and adopted by the Town, which represents the level of implementation required by each agency under the permit. The Town will require developers of projects with significant stormwater pollution potential (as defined in environmental reviews) to mitigate stormwater quality impacts using site planning and design techniques and/or permanent stormwater treatment control measures. These requirements apply to private and public projects. Planning and Public Works department staff use current permit criteria to determine which projects have significant impacts, and which types of stormwater control are appropriate. The RWQCB Order No. 01-119, issued October 17, 2001 amends the reissued permit to update requirements that certain sizes of new and redevelopment projects include storm water treatment measures, that those measures be properly maintained for the life of the project, that they be designed to treat an optimal volume or flow of storm water runoff from the project site, and that significant changes in the way runoff occurs due to any increase in impervious surface created by the project and not adversely erode watercourses downstream from the project. Summary of New Permit Requirements 1. Group 1 Projects — any development (public or private), street/highway, or significant redevelopment that creates or replaces one acre or more of impervious surface. These projects will be required to have storm water treatment Best Management Practices (BMP) by 7/1/03. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ACCEPT INFORMATIONAL REPORT REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MAY 1, 2003 2. Group 2 Projects — any development, street/highway, or significant redevelopment that creates or replaces 5,000 sq. ft. or more of impervious surface. These projects will be required to have storm water treatment BMP's by 10/15/04. 3. The required storm water treatment BMP's for Group 1 and 2 projects will be subject to numeric sizing criteria for volume and flow. The Town of Los Gatos needs to implement measures to adhere to the above mentioned requirements. The implementation measures are as follows: • Develop and implement an Operation & Maintenance (O&M) verification program for stormwater treatment BMPs installed as part of private and public development projects. • Implement a Hydro graph Modification Management Plan (HMP) developed by the urban runoff program to control increases in peak runoff resulting from development. • Develop a waiver/compensation system for projects in which it is infeasible to provide stormwater treatment BMPs. • Evaluate and revise conditions of approval, design standards, General Plans, and Environmental Review Processes to facilitate implementation of the new permit requirement. Expected Changes in the Development Project Approval Process Major increases in staff time and resources will be needed to accomplish the permit provisions. • More projects will need to be reviewed against stricter conditions of approval. • More site inspections, documentation, and record keeping will be required to verify implementation and permit compliance. New "Conditions of Approval" will be needed for: * Site design/landscape measures * Source control measures * Numeric sizing criteria * Peak runoff control measures * Pesticide reduction measures * Operation and maintenance responsibility PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: ACCEPT INFORMATIONAL REPORT REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MAY 1, 2003 Impacts on Sanitary Sewer System Requirements The new NPDES requirements have forced municipalities to also look at their sanitary sewer systems as it relates to storm water pollution. This is primarily due to the fact that any sanitary sewer infiltration or overflow eventually makes it to the storm drain system and waterways. The Town and the West Valley Sanitation District have a special arrangement regarding the operation and maintenance of the collection sewer system in Los Gatos. The Town's Parks and Public Works staff is responsible for the routine maintenance of the collection system. The District is responsible for permitting, construction, inspection, engineering, and collection of all fees related to the sewers in Los Gatos. A portion of the fees collected by the District is used to reimburse the Town for providing routine maintenance. The best managed collection systems have some Sanitary Sewer Overflow (SSO), which is in conflict with the requirements of the Clean Water Act. Overflows occur due to capacity related problems associated with undersized sewer systems and excessive inflow/infiltration during heavy rain fall, and to stoppages and blockages due to pipeline deterioration, failure, and deferred maintenance. The overflows enter the storm sewer system via catch basins, drainage inlets, and roadside drainage swales, and eventually discharge into the creeks and the bay. The new NPDES requirements will thus require additional diligence in minimizing SSOs as part of the Town's maintenance of the sewer system. DISCUSSION: To address the requirements of the new NPDES permit, the Town is undertaking the following efforts using in-house staff and the assistance of the firm of EOA Inc., under the Manager's contracting authority: 1. Development of design standards. 2. Implementation of source control measures. 3. Updating General Plan provisions to meet the new regulations. 4. Implementation of a water quality review process. 5. Creation of a data base for inspections. 6. Implementation of stormwater treatment Best Management Practices for operation and maintenance. 7. Training to implement the new regulations. n n PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: ACCEPT INFORMATIONAL REPORT REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MAY 1, 2003 Implementation of the new NPDES requirements will require significant effort on the part of Parks and Public Works engineering staff and Community Development staff to complete the above tasks, and to implement the requirements on an ongoing basis. Because these requirements apply to development projects, the addition of a NPDES implementation fee as part of the development project approval process is required. The Council will consider adoption of this fee in a separate agenda item at the May 5, 2003 Council meeting. CONCLUSION: The new NPDES permit requires mitigation of stormwater quality impacts generated by new and redevelopment projects, thus requiring significant modifications to the Town's development approval process and further diligence in maintaining the sewer system. This informational report discusses the scope of the requirements and the measures necessary to implement the requirements. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to Sections 15301©), 15303(e) and 15304(b) of the State CEQA guidelines. Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California HAZARDOUS VEGETATION ABATEMENT(BRUSH)/RESOLUTION 2003-54 (08.33) Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council adopt Resolution 2003-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT. Carried unanimously. SAFE ROUTES TO SCHOOLS/GRANT FUNDS/RESOLUTION 2003-57 & 2003-12RD (12.4 I) Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council/Agency adopt Resolution 2003- 57/2003-12RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER/EXECUTIVE DIRECTOR TO APPLY FOR GRANT FUNDS CONCERNING SAFE ROUTES TO SCHOOLS, and that Council approve the Safe Routes to Schools Grant fund application report. Carried unanimously. POLLUTANT DISCHARGE ELIMINATION SYSTEM/NPDES/INFORMATIONAL (18.40) Ray Davis spoke of non point source run off in the streams and creeks of Los Gatos. He suggested a $25 parcel tax to fund this type of program. He emphasized the community benefit and believes that the residents should support this activity. Motion by Mr. Glickman, seconded by Ms McNutt, that Council accept informational report regarding National Pollutant Discharge Elimination System (NPDES). Carried unanimously. COUNCIL MATTERS (19.28) Mayor Decker gave an update report on the Dittos Lane property which is under consideration by the Town for possible housing. She noted that she had asked Diane McNutt to serve on a subcommittee with her and requested comments or thoughts from Council. MANAGER MATTERS (20.28) DOWNTOWN STREETSCAPE PROJECT SCHEDULE UPDATE Mrs. Figone, Town Manager, gave an overview of the Downtown Streetscape Project Schedule. She noted that the project manager is reviewing the work's progress and speaking to the merchants. John Curtis, Public Works Director, spoke of meeting with the Chamber of Commerce and downtown businesses. The Chamber believes that the Town is attempting too much at one time in the downtown area. They asked that the intensity of the schedule be adjusted to the needs of the downtown businesses. Mr. Curtis noted that the Public Works Department would finish up the work this summer and well before the holiday shopping season begins. Scott Seaman, Police Chief, spoke of the packets of information that have been delivered to the businesses and the parking permits that have been offered to help mitigate the impacts of the road work. He also addressed the schedule for parking lot improvements, signage and implementation of the parking program. The following people from the audience addressed this subject: Andy Bivetto spoke of impediments to shoppers in the downtown and the confusion of the many parking locations to visitors of Los Gatos. He asked that the parking program be delayed until the construction in the downtown is finalized. N:\CLK\Council Minutes12003\M 05-05-03.wpd 5 Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California HAZARDOUS VEGETATION ABATEMENT(BRUSH)/RESOLUTION 2003-54 (08.33) Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council adopt Resolution 2003-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT. Carried unanimously. SAFE ROUTES TO SCHOOLS/GRANT FUNDS/RESOLUTION 2003-57 & 2003-12RD (12.41) Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council/Agency adopt Resolution 2003- 57/2003-12RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER/EXECUTIVE DIRECTOR TO APPLY FOR GRANT FUNDS CONCERNING SAFE ROUTES TO SCHOOLS, and that Council approve the Safe Routes to Schools Grant fund application report. Carried unanimously. POLLUTANT DISCHARGE ELIMINATION SYSTEM/NPDES/INFORMATIONAL (18.40) Ray Davis spoke of non point source run off in the streams and creeks of Los Gatos. He suggested a $25 parcel tax to fund this type of program. He emphasized the community benefit and believes that the residents should support this activity. Motion by Mr. Glickman, seconded by Ms McNutt, that Council accept informational report regarding National Pollutant Discharge Elimination System (NPDES). Carried unanimously. COUNCIL MATTERS (19.28) Mayor Decker gave an update report on the Dittos Lane property which is under consideration by the Town for possible housing. She noted that she had asked Diane McNutt to serve on a subcommittee with her and requested comments or thoughts from Council. MANAGER MATTERS (20.28) DOWNTOWN STREETSCAPE PROJECT SCHEDULE UPDATE Mrs. Figone, Town Manager, gave an overview ofthe Downtown Streetscape Project Schedule. She noted that the project manager is reviewing the work's progress and speaking to the merchants. John Curtis, Public Works Director, spoke ofmeeting with the Chamber of Commerce and downtown businesses. The Chamber believes that the Town is attempting too much at one time in the downtown area. They asked that the intensity ofthe schedule be adjusted to the needs of the downtown businesses. Mr. Curtis noted that the Public Works Department would finish up the work this summer and well before the holiday shopping season begins. Scott Seaman, Police Chief, spoke of the packets of information that have been delivered to the businesses and the parking permits that have been offered to help mitigate the impacts ofthe road work. He also addressed the schedule for parking lot improvements, signage and implementation of the parking program. The following people from the audience addressed this subject: Andy Bivetto spoke of impediments to shoppers in the downtown and the confusion of the many parking locations to visitors of Los Gatos. He asked that the parking program be delayed until the construction in the downtown is finalized. NACLK\Council Minutes\2003\M 05-05-03.wpd 5