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HomeMy WebLinkAboutAGENDA REPORT 1992 0415 CC REG ITEM 11CIcy , 9) 7 QC—). 1 0- ITEM ` MOORPARK 799 Moorpark Avenue Moorpark, California 93021 M E M O R A N D U M TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: April 2, 1992 (Council Meeting 4- 15 -92) SUBJECT: Approval of Implementation Agreement for the National Pollutant Discharge Elimination System (NPDES) OVERVIEW (805) 529 -6864 q(Ot, ARK, CALIF02NA City cou II Meefing of 199 2. This presents a number of actions required to participate in a Joint NPDES Permit for the Callegaus Creek watershed (Zone 3). DISCUSSION A. Background The Federal Clean Water Act was amended in 1987 to require the Federal Environmental Protection Agency (EPA) to establish regulations for the issuance of permits for stormwater discharge. These regulations established the National Pollutant Discharge Elimination System (NPDES) which sets forth policies, regulations and procedures for the issuance of stormwater discharge permits. The administration of this Federal program has been delegated to the California Regional Water Quality Control Board ( LARWQCB). The NPDES program applies to both private organizations and public agencies. B. Joint NPDES Permit The LARWQCB requires payment of a $50,000 fee for each NPDES permit issued. Although the City of Moorpark would not be required to participate in the program until 1995, the City would realize a considerable savings if these permit fees and other related costs could be shared with other agencies. On February 5, 1992, the City Council approved a Cooperative Agreement between the City of Moorpark, the County of Ventura (County), the Ventura County Flood Control District (VCFCD), the City of Simi Valley, the City of Thousand Oaks and the City of Camarillo, to look into the feasibility of participating in a Joint NPDES Permit for the entire Callegaus Creek watershed PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember 2 (Zone 3). Staff has been meeting with staff from these agencies in an effort to formulate the Joint Permit application. With the aid of a consultant [Camp, Dresser & McKee, Inc. (CDM)] retained by the VCFCD to assist in this process, the group has developed the draft structure of the permit application; and representative of the group are scheduled to meet with the LARWQCB on April 15. An outline of relevant points to be addressed in the permit process is attached as Exhibit 1. As you can see from this outline, the VCFCD recently decided to make this permit a County -wide Permit, with Zone 3 as the phase 1 implementation. This decision was in response to requests from cities outside of Zone 3 to be included in the process. C. Implementation Agreement Another element of the work done by the above mentioned group, was the develornent of an Implementation Agreement to formalize the basis of understanding for the Zone 3 Joint NPDES Permit. A copy of the final draft agreement is attached as Exhibit 2. Due to certain time constraints discussed below, it is requested that this agreement be approved at this time, subject to final language changes and approval by the City Attorney and the City Manager. D. Stormwater OualitX Management Program The NPDES regulations mandated by the Federal EPA require local agencies to establish a program for the management of stormwater pollution. Under Phase I of the program, every public agency, which owns stormwater facilities, will be required to establish a storm water quality monitoring program. An outline of some of the objective of the program is attached as Exhibit 3. Also included in the program are guidelines for identifying and implementing the Best Management Practices (BMP) and the Best Available Technologies (BAT) required to implemented program requirements with the Maximum Effort Practicable (MEP). Again, the focus of the Part 1 Permit will b e monitoring and assessment. Future Federal regulations may require efforts to intervene to reduce known sources of pollutants. Many agencies have responded to these requirements by creating a formalized storm water utility. Complying with the NPDES regulations will require the City of Moorpark to develop a number of resources in order to be able to implement an effective program. 3 E. Program Costs The full extent of the demands to be placed on the City by this program will not be fully known until the NPDES Permit is developed, approved and implemented. Some of the efforts required are listed in Exhibit 3. One of the basic resources to be used by most cities in developing a their program is a comprehensive a City wide Master Drainage Study. This document normally sets forth a number of important categories of information, including: topographic features, relevant hydrological data, identification of watershed areas, a current Storm Drain Atlas, preliminary alignment and sizing of required future storm drains and construction cost estimates for the full implementation of the Master Plan. Although the City has had studies prepared for a number of areas of the City, it is recommended that a Master Drainage Study be prepared to pull this information together and to develop like information for those areas not studied. Again, it is difficult at this time to accurately identify program costs. However, staff estimates that the start -up cost (first two years' expenditures) will range from $50,000 to $70,000. F. Funding 1. Benefit Assessment District -- One benefit of participating in the Joint NPDES Permit is the ability to exercise an option to participate in the VCFCD's Benefit Assessment Program to recover program costs. Those cities which choose to utilize this program to fund all or only a portion of their Stormwater Quality Management program, can do so in a manner consistent with the guidelines set forth in the Implementation Agreement. A brief description of the VCFCD's Flood Control Benefit Assessment District is as follows: a. Every property within the VCFCD's Benefit Assessment District is assigned a number of Benefit Assessment Units (BAU) based on the land use of the property. The formula for computing the number of BAUs to be assigned, uses ONE BAU for a typical single family lot. b. The amount of the assessment levied by the VCFCD in Zone 3 last year was $24.12 per BAU (each single family lot was assessed $24.12 last year for flood control). 4 c. The number of BAU's within Zone 3 are listed as follows: City of Moorpark 9,124 City of Camarillo 221248 City of Simi Valley 371045 City of Thousand Oaks 37,818 County unincorporated Area 27,700 Total 133,935 d. The amount of the assessment to be levied by the VCFCD next year is not yet known. It is anticipated, however, that the amount of next year's assessment will be slightly higher than last year due to damage sustained by VCFCD facilities during recent storms. e. In addition, a certain increase in the VCFCD assessment is anticipated to fund the efforts of VCFCD to comply with the subject NPDES requirements. 2. City of Moorpark's Assessment -- If the City were to participate in the VCFCD's program, an assessment of $3 per BAU per year would generate sufficient funds to cover the above mentioned anticipated program start -up costs over a three year period. 3. Schedule for Setting Assessments -- If the City were to participate in the VCFCD's program and request that assessments be levied for Fiscal Year 1992/93, it would be necessary to adhere to a very short timeframe. The schedule for this action is as follows: Date Action April 15 City approves Implementation Agreement • City sets preliminary amount of assessment • City sets date for Public Hearing (Assessments) April 28 County approves Implementation Agreement May 20 City holds public hearing on Assessments • City approves, revises and approves, or rejects the levying of assessments for this program May 22 County sends Final Report to the publisher May 27 Report to the Board 5 Date Action June 2 County sets public hearing June 23 County public hearing date July 1 Assessment due to Auditor To participate in this program, the City Council would have to set May 20, 1992, as the date of a Public Hearing to consider levying the assessment. 4. Other Revenue Sources -- In the event the City chose to not utilize the VCFCD's Benefit Assessment District to fund these program costs, other options would be extremely limited. One of the BMP's discussed in the federal guidelines is the use of street sweeping as a means to reduce storm water pollution. This program, or enhancements to this program, could be funded by Gas Tax. Other requirements of the programs, such as stormwater monitoring and the development of a Drainage Study, may have to be funded partially or totally by other sources. Unless the City decided to develop its own benefit assessment program, these costs would have to be funded by the General Fund or other eligible funds such as Gas Tax. G. Budget and Finance Committee The Budget and Finance Committee has discussed the program and recommends that the City proceed with the efforts required to develop the program and participate in the proposed Joint NPDES Permit. The Committee recommended that consideration of levying assessments be deferred to Fiscal Year 1993/94. Prior to that time, more specific information will be made available regarding program costs and funding sources. Any costs incurred in FY 1992/93 can be funded by Gas Tax and /or the General Fund, or by a loan from these or other sources to the Storm Water Utilitiy effort. RECOMMENDED ACTION It is the recommendation of staff and the Budget and Finance Committee that the City Council take the following actions: 1. approve the establishment of a Stormwater Quality Monitoring Program consistent with the requirements of the National Pollutant Discharge Elimination System ( NPDES); M 2. approve City participation in efforts to obtain a Joint NPDES Permit for the area encompassed by the Callegaus Creek watershed (VCFCD Zone 3); 3. approve the attached Implementation Agreement (Exhibit 2) setting forth parameters for the administration of said Joint Permit, subject to final language approval by the City Attorney and City Manager; 4. concur with the recommendation of the Budget and Finance Committee to defer participation in the VCFCD's Benefit Assessment District; and, 5. defer a decision on the funding of the first year's program costs to the FY 1992/93 Budget deliberations. r'. It I. II. April 8, 1992 5\ T VENTURA COUNTY -WIDE PART 1 NPDES PERMIT APPLICATION Benefits of County -Wide Approach 1. Allows consistent approach to ordinance development and implementation. 2. Establishes unified implementation of BMPs to the MEP. 3. Allows for coordinated monitoring program, reducing the number of monitoring sites and ensuring data sharing. 4. Prioritizes water quality problems and their solutions throughout each watershed. 5. Directs resources to prioritized problems. 6. Provides for a cost savings over individual approaches. 7. Coordinates implementation of BMPs for many municipalities. 8. Addresses multi - jurisdictional /interconnected storm drain issues. 9. Integrates stormwater quantity and quality master planning /CIPs to ensure cost effective approach. lo. Opportunity to balance urban stormwater pollution management with management programs for other pollutant sources (e.g. point sources, agriculture). 11. Integrates data management /mapping approaches. Issues to be addressed with RWQCB 1. Description of permittee and co- permittees and their responsibilities and liabilities. How to address entities (e.g. CalTrans, schools, federal facilities, etc) outside of permittee /co- permittee's jurisdictions. 2. Prioritizing water quality problems (or watersheds) vis- a-vis permitting schedules. Examples: Mugu Lagoon, Calleguas Creek, Port Hueneme Harbor, Santa Clara River. 3. Scheduling of co- permittee's work, RWQCB defined vs regulatory defined (e.g. Oxnard vs others). 4. Level of effort: follow Federal Part 1 application requirements or RWQCB defined requirements. Ventura County LX 1 ( Z oC Z i Regional Approach to NPDES Application Page 2 5. Coordination with other Federal /State programs, e.g. Coastal Zone Management Act. 6. Impact from non -urban runoff, e.g. agricultural practices on watershed quality. 7. Consistency in MEP implementation. 8. Impact of LA County permit on common jurisdictions. i Z L101q) Revised 4 -1 -92 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPLEMENTATION AGREEMENT STORMWATER REGULATION PROGRAM CALLEGUAS CREEK WATERSHED This AGREEMENT is entered into by and between the County of Ventura hereinafter referred to as COUNTY, the Ventura County Flood Control DISTRICT hereinafter referred to as DISTRICT, and the Cities of Camarillo, Moorpark, Simi Valley and Thousand Oaks hereinafter collectively referred to as CITIES, establishes the responsibilities of each party with respect to compliance with National Pollutant Discharge Elimination System (NPDES) Stormwater regulations administered by the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) by the authority granted by the Clean Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA). RECITALS Whereas, Congress in 1987 amended Section 402 of the Federal Clean Water Act [33 U.S.C.A. 1342(p)] to require the federal Environmental Protection Agency (EPA) to promulgate regulations for applications for Permits for stormwater discharges; and Whereas, these Permit regulations will require the control of pollutants from stormwater discharges by requiring a National Pollutant Discharge Elimination System (NPDES) Permit (PERMIT) for the discharge of stormwaters into waters of the United States; and Whereas, these EPA regulations require PERMITs for discharges from municipal storm drains on a system -wide or jurisdiction -wide basis; and Wheras, the CITIES and the COUNTY have land use regulation authority within their jurisdictional boundaries with associated powers to require mangement practices consistent with EPA regulations; and Whereas, the DISTRICT has no land use regulation authority, but only owns, operates and has regulatory jurisdiction over improved and natural channels to which CITIES' and COUNTY's storm drains are tributary;.and Whereas, the Legislature, in enacting the Ventura County Flood Control Act, created the DISTRICT to provide for the control of flood and storm waters; and Whereas, the Powers granted to the DISTRICT include carrying on technical and other investigations, examinations or tests of all kinds, making measurements, collecting data, and making analyses, Z-L studies, and inspections pertaining to water supply, control of floods, prevention of contamination and pollution of surface waters within the DISTRICT; and Whereas, the CITIES, the COUNTY and the DISTRICT desire to develop an integrated stormwater discharge management program with the objective of improving water quality in the Calleguas Creek Watershed; and Whereas, cooperation between the CITIES, the COUNTY and the DISTRICT to jointly file application for PERMIT is in the best interests of the CITIES, the COUNTY and the DISTRICT; and Whereas, the DISTRICT, COUNTY and CITIES have been jointly designated as Permittees by the LARWQCB; and Whereas, the DISTRICT has been designated as the Principal Permittee in the PERMIT; and Whereas, the COUNTY and the CITIES have been designated as the Co- Permittees in the PERMIT. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. FILING STATUS. The COUNTY, DISTRICT and CITIES will file the applications for PERMIT as Permittees. The COUNTY, the DISTRICT and each individual City will be a Permittee. II. INCORPORATION OF FEDERAL REGULATIONS. The terms of all applicable Federal and State permit applicaion guidelines, as presently written or as changed during the life of this AGREEMENT are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT. III. STRUCTURE AND RESPONSIBILITIES A. All Permittees (Principal Permittee and Co- Permittees) are independently responsible for complying with the requirements of the PERMIT within their own jurisdictional boundaries. For storm drains owned and operated by the DISTRICT, including those located within the jurisdiction of the Co- Permittees, the Principal Permittee will be responsible for facility operation and maintenance. B. The Principal Permittee shall be responsible for the following: (a) Coordination of PERMIT activities, including establishing a uniform mapping and data 2 presentation format, Permittees. Z•3 to be used by all (b) Serving as the liaison agency between the Co- Permittees and the LARWQCB. The responsibility shall include: (1) Establishment of time schedules and notifying Co- Permittees regarding such schedules for the performance of tasks and activities per the requirements of the PERMIT. (2) Preparation of the quarterly progress reports and annual reports on PERMIT activities for submittal to the LARWQCB. For the annual PERMIT report, a draft will be circulated to each Co- Permittee for their review and comment prior to forwarding to the LARWQCB. (3) Upon receiv submitted compliance packaging submittals, Permittees, ing information and materials by the Co- Permittees in with PERMIT requirements, and forwarding of these on behalf of the Co- to the LARWQCB. (4) Upon receipt of all proposed plans and their implementation schedules from all Co- Permittees, arranging for public review of these documents. Communicating with Co- Permittees regarding public comments. Packaging and forwarding of the revised final version of these documents for LARWQCB approval. (5) Keeping all Co- Permittees updated on LARWCQB and /or (EPA) regulations which may impact stormwater discharge activities and PERMIT compliance. (6) Arranging for the collection and payment of all annual PERMIT renewal fees required by the LARWQCB. C. Upon concurrence and in coordination with Co- Permittees, the Principal Permittee shall secure the services of consultants and administer contract for consultant to prepare manuals, develop programs or perform studies relevant to the Permitted area. The cost of said consultant services will be shared 3 2 -4- in accordance with section IV D of this AGREEMENT. D. For PERMIT submittals which do not involve the public review process, each Co- Permittee shall be responsible to submit these items, prepared in the format specified by the Principal Permittee, to the Principal Permittee 30 calendar days prior to the deadlines specified in the PERMIT. This 30 -day period will enable the Principal Permittee to package and forward these documents, on behalf of all Permittees, to LARWQCB. E. For PERMIT submittals which involve the public review process, the Co- Permittee shall be responsible to submit these items, prepared in the format specified by the Principal Permittee, to the Principal "'Permittee 90 calendar days prior to the deadlines specified in the PERMIT. The Principal Permittee shall schedule the submittals for public input, route public comment back to Co- Permittees for possible refinement of documents, arrange to receive final documents, and package and forward documents to the LARWQCB for their review and approval. F. Each Co- Permittee shall agree to prepare all PERMIT- required submittals using the format specified by the Principal Permittee. G. Upon the execution of this AGREEMENT, each Permittee shall develop a program to address the following issues within its jurisdictional boundaries that occur during the term of this AGREEMENT: (1) Implementation of controls to reduce pollution from commercial and residential areas. (2) Implementation of structural /nonstructural controls on land development and construction sites. (3) Implementation of controls to reduce pollution from maintenance activities. (4) Elimination of illegal connections, improper disposal, spill prevention, containment and response. (5) Inspection, monitoring and control programs for industrial facilities. 4 Z-S (6) Implementation of public awareness and training programs. IV. EXPENDITURES A. Each Co- Permittee shall be responsible for its own costs of the implementation of the PERMIT activities within its jurisdictional boundaries. B. The Principal Permittee shall be responsible for the cost of its PERMIT implementation efforts for all storm drains and flood control facilities owned and operated by DISTRICT. C. The Principal Permittee shall also be responsible for the cost of activities specified in Section III -B. D. The cost of all common or joint activities or responsibilities shall be borne by Co- Permittees on the basis of the ratio of the Benefit Assessment Units (BAU)s within the Co- Permittee's boundaries to the total BAUs in the watershed. Common or joint activities and /or responsibilities may include but shall not be limited to the following: (1) Consultant fees for watershed wide Permit related work. (2) Legal fees for watershed wide Permit related work. (3) Penalties of watershed wide nature. (4) Best Management Practices of watershed wide impact or benefit. V. FUNDING A. The Co- Permittees may fund activities described in IV A. through the DISTRICT's Benefit Assessment Program. Co- Permittee.wishing to do so shall: (1) Submit to DISTRICT a complete program description and activity budget and the amount of assessment required to finance the program. (2) Prior to making the request for the levy of the assessment, hold a public hearing as required by Section 6066 of the Government Code. 5 VM (3) The hearing shall be on the program description and budget, including the means of financing. (4) Upon adoption of the program and prior to the first day of May of each calendar year, submit a request to District for its inclusion in the assessment. Said request shall be made by resolution of the governing body of the Co- Permittee. The levying of the District's Benefit Assessment Program and the amount thereof is within the sole discretion of the District's Board of Supervisors. B. All costs incurred by DISTRICT for processing for the additional assessment (see Section V A.) shall be borne by Co- Permittee either by direct payment to DISTRICT or by deduction from the proceeds of the Benefit Assessment levied on its behalf. C. Distribution of funds from the Flood Control Benefit Assessment collections to Co- Permittee will be made on a schedule established by the Ventura County Auditor - Controller for such disbursements. D. The Principal Permittee shall finance the activities specified in Section IV B. and IV C. through the use of its Benefit Assessment activity throughout the entire watershed. VI. NON COMPLIANCE WITH AGREEMENT A. Any Permittee not in compliance with the PERMIT within its jurisdictional boundaries shall be solely liable for any lawfully assessed penalties. B. Common or joint penalties shall be calculated and allocated in accordance with Section IV D. VII. ADDITIONAL PARTIES. A. Permittees executing this AGREEMENT shall, to the extent allowed by law applicable to such entity, comply with all provisions of this AGREEMENT. B. Any entity which officially becomes a Co- Permittee at a later date, subsequent to the signing of this AGREEMENT, shall comply with all the requirements of the PERMIT, except that the time frame for completion of tasks shall be adjusted per mutual M Z --7 agreement between the new Co- Permittee in question, the Principal Permittee, and the LARWQCB. VIII. WITHDRAWAL FROM THE AGREEMENT. A. A Co- Permittee may withdraw from the AGREEMENT 60 days subsequent to written notice to the Principal Permittee and LARWQCB. The Principal Permittee will notify the remaining Co- Permittees within ten (10) business days of receipt of the withdrawal notice. B. The withdrawing Co- Permittee shall agree to file for a separate PERMIT and to comply with all of the requirements established by the LARWQCB. In addition, withdrawal shall constitute forfeiture of the said Co- Permittee's remaining funds collected under the Benefit Assessment Program for the budget year of withdrawal. C. The withdrawing Co- Permittee shall be responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the remaining Co- Permittees will be recalculated in the following budget year. IX. AMENDMENTS TO AGREEMENT A. This AGREEMENT may be amended by consent of the Principal Permittee and a two - thirds majority of the Co- Permittees. B. Any amendment shall comply with the requirements and regulations set forth by the LARWQCB. C. No amendment to this AGREEMENT shall be effective unless it is signed and approved by the governing bodies of the majority of the parties. X. APPENDAGE OF AGREEMENT Any Permittee may negotiate a separate AGREEMENT with other Permittees or with all Permittees regarding stormwater /urban runoff discharge management issues. Such AGREEMENTS will not be appended to this AGREEMENT but will be regarded as a separate AGREEMENT. However, they may reference this AGREEMENT. XI. LIFE OF THE AGREEMENT The term of this AGREEMENT commences on its execution by 7 each of the duly authorized representatives of the Permittees. The life of the AGREEMENT shall extend as long as a PERMIT regulating stormwater /urban runoff discharges encompassing the Calleguas Creek Watershed is required. XII. NOTICES All notices and correspondences shall be deemed duly given, if (a) sent by certified U.S. mail; (b) delivered by hand; (c) three (3) days after deposit in the U.S. mail, postage prepaid and notice to the addressee of such mailing by phone immediately after deposit in the U.S. Mail, or faxed to the Principal Permittee and confirmation by phone immediately after sending the fax. XIII. GOVERNING LAW \ This AGREEMENT will be governed and construed in accordance with laws of the State of California. If any provision(s) of this AGREEMENT shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. XIV. AUTHORIZED SIGNATORIES The Engineer- Manager of DISTRICT, the Public Works Director of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain a PERMIT(s) or amendments thereto. XV. CONSENT TO BREACH NOT WAIVER No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party waiving or consenting. Any consent by any party to, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. XVI. APPLICABILITY OF PRIOR AGREEMENTS This document constitutes the entire AGREEMENT between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. �� XVII. EXECUTION IN COUNTERPARTS Z-1 This AGREEMENT may be executed and delivered in any number of counterparts or copies ( "counterpart ") by the parties hereto. when each party has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same AGREEMENT, which shall be binding and effective as to the parties hereto. G1 Ir• � �'�1 -1 MINIMUM OBJECTIVES OF THE S`� _ Ni PROGF XNI A. Controls for Commercial /Residential Areas 1. Maintenance for Existing /New Structural Controls 2. Implement Structural /Nonstructural Controls as Land Develops Redevzops 3. Reduce Pollution from Roadway O &M Acti-ities 4. Retrofit Flood Control Facilities 5. Reduce Pollution from Municipal Waste Facilities 6. Controls for Fertilizers, Pesticides, & Herbicides B. Eliminate Illegal Connections /Improper Disposal 1, Prevent New Illegal Connections 2. Detect & Eliminate Existing Illegal Connec zior.-� 3. Spill Prevention, Containment & Response 4. Detect & Report Improper Disposal 5. Prevent Improper Disposal 6. Stop Exfiltration from Sanitary Sewers C. Monitor & Control Industrial Facilities 1. Inspection & Control Program 2. Monitoring Program D. Controls for Construction Sites 1. Define Requirements during Site Planning Process 2. Implement and Inspect Controls 3. Training Programs