Municipal Regional Permit Tentative Order Released December 4, 2007 Revised December 14, 2007

1. October 9, 2008 Elisa Wilfong Contra Costa Clean Water Program Municipal Regional Permit Tentative OrderReleased December 4, 2007Revised December 14, 2007

2. Presentation Overview • Regulatory Drivers • Bay Area Implementation • Bay Area Stormwater Management Agencies Association • Permit Reissuance • Existing Permit • History of MRP • Current TO MRP Timeline • Proposed MRP Term and Annual Reporting • MRP Section Layout • Preliminary Review of Section C.4: Industrial and Commercial Site Controls • Existing and Proposed Requirements • Next Steps • BASMAA’s work/Wish list • Reissued TO

3. I. Regulatory Drivers • Federal Clean Water Act • 1972 National Pollutant Discharge Elimination Program (NPDES) Permit Program for “Point Sources” • 1987 Amendments & Section 402(p) • Added Municipal, Industrial, and Construction Discharges • USEPA Promulgates Phase 1 Stormwater Rules (November 1990) • State Water Code • Porter-Cologne Act • Basin Plans • State Water Resources Control Board (SWRCB) and its Nine (9) Regional Water Quality Control Boards (RWQCBs) administer the federal NPDES stormwater permit program • Individual Permits • Area Wide Permits • General Permits

4. Bay Area Implementation • Santa Clara Valley Urban Runoff Pollution Prevention Program • 1990, 1995, 2001 • Alameda Countywide Clean Water Program • 1991, 1996, 2003 • Contra Costa Clean Water Program • 1993, 1999 • San Mateo Countywide Stormwater Pollution Prevention Program • 1993, 1999 • Fairfield-Suisun Urban Runoff Management Program • 1995, 2003 • Vallejo Sanitation and Flood Control District • 1999

5. Bay Area Stormwater Management Agencies Association (BASMAA) • Established in 1991 • Now a Consortium of Eight (8) Stormwater Programs • More than 90 agencies, including 79 cities/towns and 6 counties • Memorandum of Understanding • Promotes • Information Sharing and Cooperation • Cost Sharing through Regional Implementation • Advocacy for Common Interests

6. II. Permit Reissuance

7. Existing Permit • SFB Order No. 99-058: 7/99 – 7/04 • Amendments • Order No. R2-2003-0022 (Provision C.3) • Order No. R2-2004-0059 (BayKeeper Suit) • Order No. R2-2004-0061 (BayKeeper Suit) • CV Order No. 5-00-120: 6/00 – 6/05 • Both Permits Administratively Extended Pending Issuance of a MRP

8. History of MRP • 10/04: RWQCB/BASMAA Initiate Formal MRP Discussions • 6/05: BASMAA/RWQCB Develop MRP Goals & Process • 10/05: MRP Work Groups Begin Meetings (BASMAA, RWQCB, NGO) through April 2006 • 11/05: RWQCB Unilaterally Changes Process & Timeline • 5/06: BASMAA/NGO Steering Committee Representatives Agree Process Unproductive • 5/06: RWQCB Releases Revised Process & Timeline • 8/06: RWQCB Releases “MRP Unresolved Issues”, Comments Due August 25, 2006 • 8/06: RWQCB Revises Deadline September 6, 2006 • 9/06: BASMAA Submits Preliminary Comments by September 6, 2007 Deadline • 9/06: BASMAA Submits September 22, 2006 “Draft Performance Standards Tables” for all MRP Components • 10/06: RWQCB releases October 13, 2006 “Working Draft MRP”, Comments by November 8, 2006 • 11/06: BASMAA Submits Comments by November 8, 2006 Deadline • 11/06: RWQCB Holds Two Stakeholder Meetings on MRP (i.e., September 15 & 20, 2006 • 12/06: BASMAA Submits Additional Comments on December 7, 2006 as Requested at November 20, 2006 Meeting • 12/06: RWQCB Calls Ad Hoc Trash Work Group Meeting • 3/07: RWQCB Hearing Provides “Status Report” and Allows Public Testimony, BASMAA Delivers Presentation • 5/07: RWQCB Releases May 15, 2007 “Administrative Draft Municipal Regional Permit”, Comments Due June 22, 2007, Later Extended to July 13, 2007 • 6/07: BASMAA Meets with RWQCB (i.e., 5th, 8th, 18th, 19th) to Review May 15, 2007 Administrative Draft MRP • 12/07: RWQCB Releases December 4, 2007 TO MRP, Comments Due February 29, 2008 • 12/07: RWQCB Releases Revised TO MRP on December 14, 2007, Includes TO MRP Fact Sheet (76 pages) and Errata Sheet for the Tentative Order Distributed on December 4, 2007. • 4/08: Public Hearing on March 11, 2008

9. Current TO MRP Timeline • December 4, 2007: RWQCB Distributes TO MRP • Appendix I (Fact Sheet) and Attachment L (Annual Report Form) released December 14, 2007 • Comment due date February 29, 2008 • Public Hearing (Oral Testimony) Conducted on March 11, 2008 • Target Adoption???

10. Proposed MRP Term and Annual Reporting • Permit Term • Permit Year 1: July 1, 2008 – June 30, 2009 • Permit Year 2: July 1, 2009 – June 30, 2010 • Permit Year 3: July 1, 2010 – June 30, 2011 • Permit Year 4: July 1, 2011 – June 30, 2012 • Permit Year 5: July 1, 2012 – June 30, 2013 • Annual Reports • Due October 15th • First report due October 15, 2009 for FY 2008/2009 • Annual Report Form

11. MRP Section Layout • Findings • A. Discharge Prohibitions • B. Receiving Water Limitations • C.1 Provisions • C.2 Municipal Operations • C.3 New Development and Redevelopment • C.5 Illicit Discharge Detection and Elimination • C.4 Industrial and Commercial Site Controls • C.6 Construction Site Controls • C.7 Public Information and Outreach • C.8 Water Quality Monitoring • C.9 Pesticide Toxicity Control • C.10 Trash Reduction • C.11 Mercury Controls • C.12 PCB Controls • C.13 Copper Controls • C.14 Polybrominated Diphenyl Ethers (PBDE), Legacy Pesticides and Selenium • C.15 Exempted and Conditionally Exempted Discharges • Attachments A - L

12. C.4: Industrial and Commercial Site Controls III. Preliminary Review of Section

13. Legal Authority • Existing • Agencies will conduct enforcement activities and report these activities. • Proposed • Permittees will have legal authority to require dischargers to cease and desist discharging and/or cleanup and abate a discharge (or Permittee will clean up/abate and bill the discharger). • Permittees shall require abatement and/or clean up within 48 hours of ongoing discharges or 45 days for a threatening discharge. • Permittees shall have the ability to levy citations or fines against discharges at the site or within a few days. • All enforcement activities will be reported.

14. Inspection Plans • Existing • Must have inspection plan with a list of priority businesses to inspect. • Proposed • Permittees must submit an Inspection Plan by October 15, 2009 Annual Report which will include a list of facilities, a process for prioritizing inspections and the frequency of inspections and enforcement actions. • Permittees must have an Enforcement Response Plan (ERP) with a specific categorization of violations given in permit.

15. Enforcement Response Plan • Separate plan to address enforcement of stormwater inspections for businesses. • Verbal warnings must be documented. • Violations will be based on a Tier System • Tier One: violation where there is evidence of discharge to storm drain or repeated Tier Two violations. • Tier Two: Evidence of noncompliance or/and evidence of potential or threatened polluted discharge to storm drain.

16. Inspections • Existing • Inspect facilities that have the potential to impact stormwater at least once during the five year permit period. • Inspectors will prioritize facilities for re-inspection. • Proposed • Each Permittee shall inspect all commercial and industrial facilities that could reasonably be considered to cause or contribute to pollution of stormwater runoff. • Permit provides a list of facilities to be inspected. This list will be further prioritized into high, medium, and low categories based on the potential for water quality impact. • Permittees must maintain a database of facilities (the permit lists the information to include in the database). • Permit dictates the frequency of inspections based on Permittees prioritization categories (1x/year for high, every 3 years for medium and once every 5 yrs for low). • Permit requires a tier system on the frequency of re-inspections based on the type of violations for each facility.

17. List of Facilities • (a) Industrial Sites/Sources (i) Industrial Facilities, as defined at 40 CFR 122.26(b)(14), including those subject to the State Board’s General Industrial Stormwater NPDES Permit (NOIs); (ii) Operating and closed landfills; (iii) Facilities subject to SARA Title III; and Hazardous-waste treatment, disposal, storage and recovery facilities. • (b) Other Industrial and Commercial Sites/Sources (i) Automobile mechanical repair, maintenance, fueling, or cleaning; (ii) Airplane mechanical repair, maintenance, fueling, or cleaning; (iii) Boat mechanical repair, maintenance, fueling, or cleaning; (iv) Automobile and other vehicle body repair or painting; (v) Fixed automobile and other vehicle washing; (vi) Automobile (or other vehicle) storage facilities; (vii) Retail or wholesale fueling; (viii) Kennels; (ix) Animal facilities, including horse boarding facilities; (x) Building trades central facilities or yards; (xi) Botanical or zoological gardens and exhibits; (xii) Nurseries and greenhouses; (xiii) Golf courses, parks and other recreational areas; (xiv) Cemeteries; (xv) Food service facilities; (xvi) Building material retailers and storage; and (xvii) Plastic manufacturers.

18. List of Facilities Cont. • (c) Mobile Sources-include both fixed base (if the business has a fixed base within a Permittee’s jurisdiction), and field activities of such businesses-this requirement shall not require a Permittee to conduct inspections during non-business hours) (i) Mobile automobile and other vehicle body repair or painting; (ii) Mobile automobile and other vehicle washing; (iii) Power washing services; (iv) Mobile carpet, drape, or furniture cleaning; (v) Pest control services; (vi) Cement mixing or cutting and masonry activities; (vii) Painting and coating; (viii) Landscaping; (ix) Pool and fountain cleaning and repair; (x) Portable sanitary services; and (xi) Mobile food service facilities. • (d) Other Sources • (i) All other commercial or industrial sites/sources that the Permittee determines may contribute a significant pollutant load to the MS4. • (ii) All other commercial or industrial sites/sources tributary to a CWA section 303(d) impaired water body segment where the site source generates or may generate PCBs, copper, mercury, pesticide toxicity, trash and litter, plastic pellets and debris, and selenium.

19. Reporting • Existing • Report number of inspections, inspection types and enforcement activities. • Proposed • Permit provides reporting templates for list of facilities, inspections, and compliance status to be included in annual report. • Annual report will include: • Enforcement actions taken; • Summary of violations; • Summary of deviations from the ERP; • Facilities that are required to have coverage under the State Board’s General Permit.

20. IV. Next Steps

21. BASMAA’s Work • BASMAA revisions and brainstorming on sections of the permit. • BASMAA’s suggestion of giving the Co-permittees the goal and the Co-permittees decide the means. • The challenge of maintaining implementation flexibility and accountability with the new permit.

22. MRP Reissuance • A new Tentative Order will be released. • No response to comments from the previous Tentative Order will be provided. • No indication that any comments/concerns will be addressed in new Tentative Order. • A new comment period will be provided for the new Tentative Order.

23. Questions