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HomeMy WebLinkAboutAGENDA REPORT 2017 1101 CCSA REG ITEM 10E ITEM 10.E. C n ncil //-1--010/ MOORPARK MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council / hi FROM: Sean Corrigan, City Engineer/Public Works Director Prepared by: Shaun Kroes, Program Manage DATE:. October 20, 2017 (CC Meeting of 11/01/17) SUBJECT: Consider Approval of Letter to Los Angeles Regional Water Quality Control Board Confirming City of Moorpark's Method to Comply with Statewide Trash Provisions SUMMARY The City of Moorpark (City) is required to submit to the Los Angeles Regional Water Quality Control Board (Regional Board) a letter identifying how it intends to comply with Statewide Trash Provisions. The letter is due November 20, 2017. Staff is proposing that the City comply by implementing Track 1 (as identified in the staff report). BACKGROUND On August 18, 2017, the City received the attached letter from the Regional Board regarding Water Code Section 13383 Order to submit method to comply with Statewide Trash Provisions (Attachment 1). As described in the letter, the State Water Resources Control Board (Water Board) adopted an Amendment to the Water Quality Control Plan for Ocean Waters of California on April 7, 2015 (Trash Amendment). The Trash Amendment establishes a statewide water quality objective for trash for MS4 permittees (such as the City of Moorpark) that are not already required to comply with a trash Total Maximum Daily Load. The City has two options for compliance with the Trash Amendment. The options are: Track 1: Install, operate, and maintain Full Capture Systems for the storm drain network that capture runoff from the Priority Land Uses in their jurisdiction. 226 Honorable City Council November 1, 2017 Page 2 Track 2: Install, operate, and maintain any combination of Full Capture Systems, Multi-Benefit Projects, other Treatment Controls, and/or Institutional Controls within either the jurisdiction of the MS4 permittee or the jurisdiction of the MS4 permittee and contiguous MS4 permittees. A Full Capture System is defined as a treatment control, or series of treatment controls, including but not limited to, a multi-benefit project or a low-impact development control that traps all particles that are 5 mm or greater, and has a design treatment capacity that is either: a) of not less than the peak flow rate, Q, resulting from a one-year, one- hour, storm in the subdrainage area, or b) approximately sized to, and designed to carry at least the same flows as, the corresponding storm drain. Priority Land Uses are defined as high density residential (10 units/acre or more), industrial, commercial, mixed urban, and public_transportation stations. It should be noted that per the Trash Amendment, selection of Track 2 does not mean that the City would not have to install any Full Capture Systems. The expectation is that Full Capture Systems would be installed to the extent that is not cost prohibitive, in addition to establishing additional Multi-Benefit Projects, other Treatment Controls, and/or Institutional Controls. DISCUSSION The City has until November 20, 2017 to submit a letter to the Regional Board stating if the City will select Track 1 or Track 2 for implementation. After submittal of the letter, the City then has until February 18, 2019 to submit its implementation plan as detailed on pages 5 and 6 on Attachment 1. Based upon review of the Trash Amendment and discussions with other MS4 permittees in Ventura County, staff recommends that the City pursue Track 1. Track 1 has fewer requirements than Track 2, and given that the intent is that Full Capture Devices would still be required wherever feasible for Track 2, the City may not be able to significantly reduce the number of Full Capture Devices that would need to be installed. A draft letter is attached (Attachment 2). Staff has identified a preliminary estimate of 138 out of 734 catch basins that could require a Full Capture System based on the City's zoning designation. The number is likely to increase or decrease as staff evaluates each catch basin and identifies areas where catch basins may exist where not shown on the City's catch basin map or identifies residential areas that were actually developed at lower densities than were originally zoned. The City could identify areas where multiple catch basins drain to a location where it would be more economical to install one Full Capture System. The City may also be able to work with the Regional Board to identify an alternative definition of a High Trash Area that would enable the City to identify fewer catch basins in the City that actually require a Full Capture System based upon the amount of actual trash identified in the respective catch basins. 227 Honorable City Council November 1, 2017 Page 3 For example, the City may be able to successfully argue that little trash is generated in certain industrial zoned areas and that Full Capture Systems are not necessary. It should be noted that if during the implementation plan time frame the City identifies catch basins that cannot have a Full Capture System installed for technical reasons, the City would then have to identify those specific areas where a Track 2 approach would be taken, and identify how the City will demonstrate Full Capture System Equivalency. These would be identified as part of the City's February 18, 2019 implementation plan. Staff also notes that because the Trash Amendment requires Full Capture Systems for specific land uses, the City would be responsible for any discharges from private storm drain inlets that connect to the City's storm drain system. For example, if a private storm drain inlet in a commercial parking lot connects to a City storm drain pipe downstream, the City would have to identify a location where a Full Capture Device could be installed to capture that discharge. In some circumstances, the pipe may connect and flow to an open catch basin where a Full Capture System has or will already be installed. In other circumstances, the private catch basin may directly discharge to a Caltrans-owned, or County-owned system. It is staffs' understanding that in those situations the City would not be required to install any Full Capture Systems. Staff is currently exploring options for establishing new conditions of approval for new development and redevelopment projects that would require the installation of Full Capture Systems for private storm drain inlets in an effort to reduce the amount of trash that is discharged from private property into the City's storm drain system or directly into the Arroyo Simi. After submittal of the implementation plan on February 18, 2019, the City will have approximately 10 years to complete installation of Full Capture Systems in identified catch basins based upon inclusion of the Trash Amendment into the City's new MS4 Permit (still under development but expected to be effective in 2018). The latest that installation would need to be complete in all identified catch basins would be December 2030. FISCAL IMPACT None at this time; however, future expenditures will be necessary. Estimated costs of individual Full Capture Systems range from $600 to $1,200 per device (includes materials and installation). Using the original estimate of 138 catch basins, installation costs are estimated to be $82,800 to $165,600 over the course of ten years. Maintenance costs for the Full Capture Systems range from $40 per catch basin per cleaning to $110 per catch basin per cleaning. Catch basins with Full Capture Systems will likely be required to be cleaned a minimum of three times per year but more likely four times per year at an estimated cost of $22,080 to $60,720 per year, assuming all 138 catch basins receive a Full Capture System. 228 Honorable City Council November 1, 2017 Page 4 Potential funding sources for the Full Capture Devices include the City's solid waste AB 939 Fees; potential grant applications for litter reduction or stormwater quality improvements; funding sources for street improvements when/if the City performs street improvements on streets that include catch basins that will require a Full Capture System. Also, SB 231, recently signed into law by Governor Brown, permits establishment of stormwater fees without the voter-approval requirements of Proposition 218. This law may be subject to litigation. STAFF RECOMMENDATION Approve submittal of letter to Regional Board stating that the City intends to comply with Track 1. Attachments: 1. August 18, 2017 letter from Regional Board 2. City compliance letter to Regional Board 229 Attachment 1 Eouunn G-Bnav:v JR. CAL/1'0[1,111s \di% Mciiui Re AlauE2 Water Boards c./ t,.=z.,r•n°rE °°., Los Angeles Regional Water Quality Control Board August 18, 2017 Sean Corrigan, Public Works Director/City Engineer City of Moorpark 627 Fitch Avenue Moorpark, CA 93021 WATER CODE SECTION 13383 ORDER TO SUBMIT METHOD TO COMPLY WITH STATEWIDE TRASH PROVISIONS; REQUIREMENTS FOR PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMITTEES IN THE LOS ANGELES REGION Dear Sean Corrigan: On April 7, 2015, the State Water Resources Control Board (State Water Board) adopted statewide Trash Provisions' to address the pervasive impacts trash has on the beneficial uses of our surface waters. Throughout the state, trash is typically generated on land and transported to surface water, predominantly through MS4 discharges. Discharges from Phase I MS4s are currently regulated through three Phase I MS4 permits issued by the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board).2 These permits are issued pursuant to section 402(p) of the Federal Clean Water Act. The Trash Provisions establish a statewide water quality objective for trash and a prohibition of trash discharge, or deposition where it may be discharged, to surface waters of the State. The Trash Provisions apply to all surface waters of the State, with the exception of those waters within the jurisdiction of the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) for which trash Total Maximum Daily Loads (TMDLs) are in effect prior to the effective date of the Trash Provisions.3 As such, this Order is only being issued to those Phase I MS4 Documents pertaining to the amendments to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan)to control trash and the adoption of Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (ISWEBE Plan) are available on the Water Boards' website at http.//www.waterboards.ca.gov/water issues/programs/trash control/documentation.shtml . 2 Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (Order No. R4-2012-0175 as amended by State Water Board Order WQ 2015-0075 and Los Angeles Water Board Order No. R4-2012-0175-A01, NPDES No. CAS004001); Waste Discharge Requirements for MS4 Discharges from the City of Long Beach (Order No. R4-2014-0024 as amended by Los Angeles Water Board Order No. R4-2014-0024- A01, NPDES No. CAS004003); and Waste Discharge Requirements for Storm Water(Wet Weather)and Non-Storm Water(Dry Weather) Discharges from the MS4s within the Ventura County Watershed Protection District, County of Ventura and the Incorporated Cities Therein (Order No. R4-2010-0108, NPDES No. CAS004002). 3 In the Los Angeles Region, there are fifteen (15) trash TMDLs for the following watersheds and waterbodies: Los Angeles River Watershed, Ballona Creek, Malibu Creek Watershed, Santa Monica Bay Nearshore and Offshore, San Gabriel River East Fork, Revolon Slough and Beardsley Wash, Ventura River Estuary, Machado Lake, Lake Elizabeth, Lake Hughes, Munz Lake, Peck Road Park Lake, Echo Park Lake, Lincoln Park Lake and Legg Lake. IRMA MUNOZ,CHAIR I SAMUEL UNGffR,EXECUTIVE OFFICER 320 West 4'°St Suite 200 Los Angeles CA 90013 ! ,,w,',waterboards ca gou%lcsangeles 230 City of Moorpark August 18, 2017 Page 2 of 7 permittees within the Los Angeles Region whose jurisdictional area is not fully addressed by an existing trash TMDL. For Phase I MS4 permittees that have regulatory authority over Priority Land Uses,*4 the Trash Provisions require implementation of the prohibition through requirements incorporated into the Phase I MS4 Permit and/or through monitoring and reporting orders. The Los Angeles Water Board did not amend the Region's existing Phase I MS4 permits, identified in footnote 2, within the time frame specified by the Trash Provisions. Therefore, the initial steps in planning for the implementation of the Trash Provisions are required through this Order in accordance with Water Code section 13383, as specified in the Trash Provisions,5 and as further authorized by Clean Water Act sections • 308(a) and 402(a) and 40 Code of Federal Regulations parts 122.26(d)(2)(i)(F), (iii)(D), (iv), and 122.41(h). The implementation plans submitted in response to this Order are subject to approval by the Los Angeles Water Board and, upon approval, shall become part of approved Watershed Management Programs and Enhanced Watershed Management Programs and their corresponding monitoring programs in areas covered by such programs. In other areas, upon approval and pursuant to 40 C.F.R. section 122.41,the monitoring and reporting elements of the implementation plans shall become part of the permittee's monitoring and reporting program under the applicable MS4 permits This Order is issued to implement federal law. The water quality objective established by the Trash Provisions serves as a water quality standard federally mandated under Clean Water Act section 303(c)and the federal regulations. (33 U.S.C.§ 1312,40 C.F.R. § 131.)This water quality standard was specifically approved by U.S. EPA following adoption by the State Water Board and approval by the Office of Administrative Law. This Order requests information necessary for municipal permittees to plan for implementation of actions to achieve the water quality standard for trash. Further, the water quality standard expected to be achieved pursuant to the Trash Provisions may allow each water body impaired by trash and already on the Clean Water Act section 303(d) list to be removed from the list, or each water body subsequently determined to be impaired by trash to not be placed on the list, obviating the need for the development of a total maximum daily load (TMDL) for trash for each of those water bodies. (33 U.S.C. § 1313(d); 40 C.F.R. § 130.7.) In those cases, the specific actions that will be proposed by the municipal permittees in response to this Order substitute for some or all of the actions that would otherwise be required consistent with waste load allocations in a trash TMDL. (40 C.F.R. § 122.44, subd. (d)(1)(vii)(B).) This Order nevertheless allows municipal permittees to select specific proposed actions to meet the federal requirements. The Trash Provision requires Phase I MS4 permittees with regulatory authority over Priority Land Uses to select a method of compliance with the trash prohibition. Through this Order, the Los Angeles Water Board requires Phase I MS4 permittees to determine and report their selection of either the following Track 1 or Track 2 compliance methods:7 1. Track 1: Install, operate, and maintain Full Capture Systems*for the storm drain network that capture runoff from the Priority Land Uses in their jurisdiction. 4 All terms marked with an asterisk"'are defined in Enclosure, Trash Provisions Glossary. 5 Chapter IV.A.5.a.(1)B of the ISWEBE Plan and Chapter III.L.4.a.(1)B of the Ocean Plan. 6 See Ventura County MS4 Permit, Attachment F-Monitoring and Reporting Program No. CI 7388, Part K.13(b)and Los Angeles County MS4 Permit, Parts VI.A.7.d.ii and VI.B.1. 7 Chapter IV.A.3.a.of the ISWEBE Plan and Chapter1111.2.a. of the Ocean Plan. 231 City of Moorpark August 18, 2017 Page 3 of 7 Phase I MS4 permittees that select the Track 1 compliance method may discover that there are locations within their storm drain network where full capture systems cannot be implemented, or are better implemented within another land use area. The Trash Provisions allow a Phase I MS4 permittee with regulatory authority over Priority Land Uses to request, from the Los Angeles Water Board Executive Officer, to substitute one or more Priority Land Uses with equivalent alternate land uses*8 within the MS4 permittee's jurisdiction. 2. Track 2: Install, operate, and maintain any combination of Full Capture Systems, Multi- Benefit Projects,* other Treatment Controls,* and/or Institutional Controls` within either the jurisdiction of the MS4 permittee or the jurisdiction of the MS4 permittee and contiguous MS4 permittees.The MS4 permittee may determine the locations or land uses within its jurisdiction to implement any combination of controls. Permittees choosing Track 2 must demonstrate that the approach9 will achieve Full Capture System Equivalency.* To ensure the compliance method selection is completed accurately, the Los Angeles Water Board, through this Order, requires the Phase I MS4 permittees to complete and submit the following: 1. Jurisdictional Maps. Phase I MS4 permittees must develop jurisdictional or watershed maps identifying Priority Land Use areas, any drainage areas already covered by existing trash TMDLs,the corresponding storm drain network and associated drainage areas, and proposed locations for certified Full Capture System installations. Permittees selecting the Track 1 compliance method and that are proposing alternative land uses shall identify the alternative land uses on the jurisdictional or watershed map and the corresponding priority land uses being substituted. Permittees selecting the Track 2 compliance method may determine the locations or land uses within their jurisdictions or watershed(s)to implement any combination of controls that achieve Full Capture System Equivalency. Therefore, the permittee(s) must identify on the jurisdictional or watershed maps the selected locations or land uses where a combination of controls, which are identified in Track 2 above, will be implemented to achieve Full Capture System Equivalency. These jurisdictional or watershed maps will assist review of the compliance method selection by the Los Angeles Water Board. 2. Trash Assessments. Phase I MS4 permittees that elect the Track 2 compliance method must conduct and submit trash assessments to identify existing levels of trash generation.10 8 See definition of Priority Land Uses in enclosed Trash Provisions Glossary. 9 The MS4 permittee may determine which controls to implement to achieve compliance with the Full Capture System Equivalency. It is, however, the State Water Board's expectation that the MS4 permittee will elect to install Full Capture Systems where such installation is not cost-prohibitive. (Chapter IV.A.3.a.(2) of the ISWEBE Plan and Chapter III.L.2.a.(2)of the Ocean Plan). 10 Trash assessments are required pursuant to federal law and regulation as previously indicated, and pursuant to the monitoring and reporting programs of the three MS4 permits(see Monitoring and Reporting Program No.CI 7388, CI 8052, and CI 6948). 232 City of Moorpark August 18, 2017 Page 4 of 7 Through this Order, the Los Angeles Water Board directs Phase I MS4 permittees selecting Track 2, at a minimum, to conduct a trash assessment of the Priority Land Use areas, even if they subsequently select other locations or land uses within their jurisdiction or watershed to implement any combination of controls that meet Full Capture System Equivalency. If proposing to select locations or land uses other than Priority Land Uses, the permittee must also assess trash levels at those locations or land uses and provide a justification demonstrating that the selected locations or land uses generate trash at rates that are equivalent to or greater than the Priority Land Uses. The Los Angeles Water Board will consider the trash assessments and corresponding justification in its approval process." The Trash Provisions provide two example trash assessment approaches for permittees to demonstrate Full Capture System Equivalency when a permittee selects the Track 2 compliance method. Phase I MS4 permittees may use alternative methods to demonstrate Full Capture System Equivalency. One alternative method is the Visual Trash Assessment Approach, an accepted assessment approach based on on-land visual trash assessments.12 A description of the Visual Trash Assessment Approach13 is enclosed in this Order and may be used by Phase I MS4 permittees to meet the requirement for a baseline assessment. Information resulting from the trash assessments is necessary to develop appropriate requirements and provisions in the Phase I MS4 permits when they are reissued, including: (1) Establishing a baseline for compliance tracking and determinations, (2) Establishing interim milestones to demonstrate progress towards 100 percent compliance with the Trash Provisions within 10 years of the effective date of the implementing permit,14 (3) Evaluating the permittees' planned implementation of Full Capture System Equivalency, and in (4)Approving the implementation plan. Permittees that select the Track 1 compliance method through implementation of certified Full Capture Systems in all storm drains that capture runoff from all Priority Land Use areas are not required to conduct trash assessments. Through the Track 1 compliance method, the Los Angeles Water Board provides a streamlined compliance pathway with annual progress reporting of Full Capture System installation. 3. Implementation Plan. The implementation plan required by this Order in clause 3 below is subject to approval by the Los Angeles Water Board Executive Officer.15 A request for an equivalent alternative land use identified on the jurisdictional or watershed map, per section 1 above, must be submitted within the implementation plan and approved by the Los Angeles 11 In accordance with Permitting Authority's discretional authority under Chapter IV.A.3.d. of the ISWEBE Plan or Chapter III.L.2.d.of the Ocean Plan. 72 The State Water Board funded an evaluation (through Proposition 84 grant funds) of the on-land visual trash assessment method as part of the Tracking California's Trash project conducted by the Bay Area Stormwater Management Agencies Association(BASMAA).The evaluation concluded that if visual assessments were conducted consistent with the protocol,the method could reliably establish baseline trash levels and detect progress in reducing trash in MS4 discharges over time. 13 See Enclosure, Recommended Trash Assessment Minimum Level of Effort. 14 Chapter IV.A.5.a.(2)and(3)of ISWEBE Plan or Chapter III.L.4.a.(2)and(3)of the Ocean Plan. 15 ChapterlV.A.5.a.(1)B of the ISWEBE Plan or Chapter III.L.4.a.(1)B of the Ocean Plan 233 City of Moorpark August.18, 2017 Page 5 of 7 Water Board Executive Officer prior to installation and implementation of certified Full Capture Systems or Full Capture System Equivalency trash controls. Any person aggrieved by this action of the Los Angeles Water Board may petition the State Water Board to review the action in accordance with California Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00,p.m., 30 days after the date of the Los Angeles Water Board action, except that if the thirtieth day following the date action falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the Internet at http://www.waterboards.ca.gov/public notices/petitions/water quality or will be provided upon request. Pursuant to Water Code section 13383, IT IS HEREBY ORDERED THAT, as a Permittee of a Phase I MS4 permit, you shall: 1. By November 20, 2017, submit electronically via the Los Angeles Water Board's email address: MS4stormwaterRB4(c�waterboards.ca.gov:16 a. A letter to the Los Angeles Water Board identifying the permittee's selected compliance option (Track 1 or Track 2), as defined in this Order; and 2. Permittees Selecting Track 1: By February 18, 2019, submit electronically via the Los Angeles Water Board's email address: MS4stormwaterRB4(a)waterboards.ca.gov, a jurisdictional or watershed map(s)17 identifying the following: i. All Priority Land Use areas discharging to the storm drain network; ii. Any drainage areas addressed by existing trash TMDLs; iii. The corresponding storm drain network; iv. Proposed locations of all certified Full Capture Systems18 and, v. Proposed equivalent alternative land uses, documentation demonstrating that the substitution of equivalent alternative land uses has been approved by the Los Angeles Water Board Executive Officer, and corresponding storm drainage network, if applicable. 3. Permittees Selecting Track 2: By February 18, 2019, submit electronically via the Los Angeles Water Board's email address: MS4stormwaterRB4(a,waterboards.ca.gov, the following: i. A jurisdictional or watershed map(s) identifying the following: a) All Priority Land Use areas and selected locations and land uses, other than the Priority Land Uses area, discharging to the storm drain network; b) Any drainage areas addressed by existing trash TMDLs; c) The corresponding storm drain network; 16 The file size limit for attachments sent to this email address is 20 MB. If the file(s)is larger than this, please contact Los Angeles Water Board staff in advance of the deadline for alternative submittal instructions. 17 The preferred format for the map(s)is as a GIS file. 18 A list of Certified Full Capture Systems is located at: http://www.waterboards.ca.gov/water issues/prop rams/stormwater/municipal.shtmI 234 City of Moorpark August 18, 2017 Page 6 of 7 d) Proposed locations of all certified Full Capture Systems and where any combination of controls will be implemented that will achieve Full Capture System Equivalency; e) Trash levels, using the methodology described in the attached recommended Visual Trash Assessment Approach or other equivalent trash assessment methodology, for all Priority Land Uses, and for other selected locations or land uses within the MS4s jurisdiction if proposing to implement any combination of controls in locations other than Priority Land Uses; and ii. An Implementation Plan that includes the following: a) The rationale for how the selected combination of controls will achieve Full Capture System Equivalency; b) The rationale for how Full Capture System Equivalency will be demonstrated; c) If using a methodology other than the attached recommended Visual Trash Assessment Approach to determine trash levels, a description of the methodology used and rationale of how the alternative methodology is equivalent to the recommended Visual Trash Assessment Approach; and d) If proposing to select locations or land uses other than Priority Land Uses, a rationale demonstrating that the alternative land uses generate trash at rates that are equivalent to or greater than the Priority Land Uses. Permittees whose jurisdictional area is partly addressed by an existing trash TMDL(s) identified in footnote 3, shall address the portion of the jurisdiction that is not being addressed by the trash TMDL(s). A permittee or group of permittees that has already installed trash controls pursuant to Part 4.G.5.(e)(1) of the Ventura County MS4 Permit, Part VI.D.9.h.vii of the Los Angeles County MS4 Permit, or Part VII.L.8.vii of the Long Beach MS4 Permit (pertaining to "Additional Trash Management Practices")that fulfill the requirements of Track 1 or Track 2 may provide evidentiary documentation to the Board.19 Such documentation should be equivalent to that required in Track 1 and/or Track 2, above, depending on the approach(es) employed by the permittee(s). Permittees selecting Track 2, and that are participating in an EWMP, are strongly encouraged to submit their Implementation Plan(s) as a proposed modification to the approved EWMP through the adaptive management process in Part VI.C.8.a.ii. of the Los Angeles County MS4 Permit. Permittees participating in an EWMP are required to implement an adaptive management process in spring 2018, and submit the results of the adaptive management process in the 2017-18 Annual Report due on December 15, 2018. Per 40 C.F.R. section 122.22(b), a principal executive officer or ranking elected official, or a duly authorized representative of such a person, must sign and certify all submittals required by this Order, with the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified 19 Note that the"Additional Trash Management Practices"provisions of the three MS4 permits are applicable to areas defined by the permittee as "Priority A," while the requirements of the trash amendments pertain to "Priority Land Uses."It is the responsibility of the permittee to ensure that documentation evinces the permittee's installation of trash controls in all"Priority Land Uses"or provides the necessary rationale that the alternative land uses generate trash at rates that are equivalent to or greater than the"Priority Land Uses"as defined in the statewide amendments. 235 City of Moorpark August 18, 2017 Page 7 of 7 personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Failure to comply with this Order, or falsifying any information provided therein, may result in enforcement action including civil liabilities for late or inadequate reports consistent with Water Code section 13385. Please direct questions regarding this Order or any requests for assistance to Mr. Ivar Ridgeway, Unit Chief, Storm Water Permitting, by email at Ivar.RidgewayAwaterboards.ca.gov or by phone at (213) 620-2150. Sincerely, Samuel Unger, P.E. Executive Officer Enclosures (2): Trash Provisions Glossary Recommended Trash Assessment Minimum Level of Effort cc: [via email] Gayleen Perreira, Chief Municipal Storm Water Unit, State Water Board Gayleen.Perreira(a�waterboards.ca.qov Shaun Kroes, Program Manager City of Moorpark skroes@moorparkca.gov • 236 Attachment 2 PPPK Cq � F°:moi CITYOFMOORPARK CITY MANAGER'S OFFICE I 799 Moorpark Avenue,Moorpark,California 93021 0 4noN en �4 Main City Phone Number(805)517-6200 I Fax(805)532-2528 I moorpark@moorparkca.gov November 2, 2017 Samual Unger, P.E. Sent via email: MS4stormwaterRB4@waterboards.ca.gov Executive Officer Los Angeles Regional Water Quality Control Board (Regional Board) 320 West 4th Street, Suite 200 Los Angeles, CA 90013 Subject: Statewide Trash Provisions Compliance Selection Dear Mr. Unger: The City has received your letter dated August 18, 2017, titled "Water Code Section 13383 Order to Submit Method to Comply with Statewide Trash Provisions; Requirements for Phase I Municipal Separate Storm Sewer System (MS4) Permittees in the Los Angeles Region. This letter serves as the City's response to your request for compliance selection. The City has determined that it has selected Track 1: Install, operate, and maintain Full Capture Systems for the storm drain network that capture runoff from the Priority Land Uses in their jurisdiction. As noted in your letter, Phase I MS4 permittees that select the Track 1 compliance method may discover that there are locations within their storm drain network where full capture systems cannot be implemented, or are better implemented within another land use area. The Trash Provisions allow a Phase I MS4 permittee with regulatory authority over Priority Land Uses to request, from the Regional Board's Executive Officer, to substitute one or more Priority Land Uses with equivalent alternate land uses within the MS4 permittee's jurisdiction. As the City prepares its Implementation Plan, due to the Regional Board by February 18, 2019, it may submit a request to substitute an alternative to the Priority Land Uses definition of a high trash area along with justification for such a request. In addition, as has been indicated by Regional Board staff, if during the course of preparing the Implementation Staff, the City may identify specific areas in the City where it may be technically infeasible to install Full Capture Devices. In those areas, the City will identify a modified approach in compliance with Track 2. If you have any questions regarding this letter, please contact the City Engineer/Public Works Director, Sean Corrigan, P.E., at 805-517-6285 or scorrigan@moorparkca.gov, or Public Works Program Manager, Shaun Kroes, at 805-517-6257 or skroes@moorparkca.gov. JANICE S.PARVIN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMONS MARK VAN DAIR43 7 Mayor Councilmember Councilmember Councilmember Councilmember Page 2 I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Sincerely, Steven Kueny City Manager C: Sean Corrigan, P.E., City_Engineer/Public Works Director Shaun Kroes, Public Works Program Manager 238