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HomeMy Public PortalAbout9.D. First Reading and Introduction to Ordinance No. 13-984 Establish and Maintain Adequate Legal Authority to Implement NPDES for MS4DATE: TO: FROM: SUBJECT: AGENDA ITEM 9.0. COMMUNITY DEVELOPMENT DEPARTMENT · MEMORANDUM November 19, 2013 The Honorable City Council .. Jose E. Pulido, City Managel(\\ Via: Mark Persico, AICP, C~unity Development Director By: Robert Sahagun, Public Safety and Services Manager Andrew J. Coyne, Management Analyst PUBLIC HEARING: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-984 AMENDING THE TEMPLE CITY MUNICIPAL CODE (TCMC), TITLE 8 (STORM WATER POLLUTANT ELIMINATION) CHAPTERS 1-4, TO ESTABLISH AND MAINTAIN ADEQUATE LEGAL AUTHORITY TO IMPLEMENT THE PROVISIONS OF THE NEW NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) RECOMMENDATION: The City Council is requested to: a) Conduct a public hearing and introduce Ordinance No. 13-984 (Attachment "A ") for first reading by title only, amending Chapters 1-4 of Title 8 of the Temple City Municipal Code (TCMC) to establish and maintain adequate legal authority to implement the provisions of the newly adopted National Pollutant Discharge Elimination System (NPDES) Storm water Permit for Municipal Separate Storm Sewer Systems (MS4); b) Waive further reading of Ordinance No. 13-984; and c) Schedule the second reading of Ordinance No. 13-984 for December 3, 2013. BACKGROUND: 1. On December 17, 1972 , Congress passed the Clean Water Act (CWA) to address contamination of the nation's rivers and waterways. 2. On November 16, 1990, US Environmental Protection Agency (EPA) published regulations requiring National Pollution Discharge Elimination System (NPDES) permits for Municipal Separate Storm Sewer System (MS4) runoff, City Council November 19, 2013 Page 2 of 4 which fundamentally changed the way storm water runoff is regulated at the State and Federal levels. 3. On December 13, 2001, the Regional Water Quality Control Board, (RWQCB) Los Angeles Region issued a countywide NPDES permit to Los Angeles County and 79 participating cities, including Temple City. 4. On September 6, 2005, the RWQCB adopted new standards regarding Total Maximum Daily Load (TMDL) for heavy metals for the Los Angeles River and tributaries. Temple City is part of the Los Angeles River watershed known as "Reach 2" covering approximately 110 square miles within the Rio Hondo and Arroyo Seco sub-watersheds. 5. On April 1, 2008, the City Council approved execution of a memorandum of agreement with the Gateway Cities Council of Governments (GCCOG) for participation in the development of a coordinated regional monitoring plan in order to meet the metals TMDL. The studies completed to date by the GCCOG have proven very helpful in determining appropriate pollutant levels for metals within the watershed. These studies have shown that the watershed is not as contaminated as originally believed when the TMDLs were established. These studies will reduce the overall clean-up requirements. 6. On August 4, 2009, the City Council approved execution of a memorandum of agreement with the San Gabriel Valley Council of Governments (SGVCOG) for participation in the development of a coordinated San Gabriel Valley-wide monitoring plan in order to meet the metals TMDL. The studies conducted by the SGVCOG have been completed and have yielded limited data. 7. On November 8, 2012, the California Regional Water Quality Control Board Los Angeles Region issued Order No. R4-2012-0175 (Attachment "B") regarding waste discharge requirements for Municipal Separate Storm Sewer System (MS4) discharges within the coastal watersheds of Los Angeles County. 8. On November 5, 2013, the City Council introduced Ordinance No. 13-979, the Low Impact Development (LID) and Green Streets Ordinance in order to comply with part of the new MS4 permit requirements. ANALYSIS: On November 8, 2012, the California Regional Water Quality Control Board adopted the new MS4 NPDES Storm water Permit and it became effective December 28, 2012. The new MS4 permit is considerably more complex than any of the previous MS4 permits. The new requirements include: City Council November 19, 2013 Page 3 of 4 • Development of Watershed Management Programs (WMPs) or Enhanced- WMP's (Temple City is partnering with the Upper Los Angeles River Watershed Group, through a Memorandum of Understanding (Resolution No. 13-4954), to share the cost of development of the EWMP); • Adoption of a Green Streets Policy and Low Impact Development (LID) ordinance (under consideration as Ordinance 13-979 by City Council); and • An amendment to the City's Municipal Code to establish and maintain adequate legal authority to control pollutant discharges into and from its MS4 storm drain system. This item is currently being considered for approval in proposed Ordinance No. 13-984 (Ordinance). In December 2011, the City adopted provisions (Title 8 of the Temple City Municipal Code (Code)) to implement and enforce the 2001 MS4 permit. However, there are a number of new or modified provisions in the new permit. The new MS4 permit requires that changes be made to the definitions and provisions for conditionally exempt non- storm water discharges, as found in Title 8. Some of the required changes will be made in separate actions, such as the Green Street Policy and Low Impact Development (LID) standards. The Ordinance currently being considered by City Council will codify the additional changes that must be made in order for the City to establish and maintain the required legal authority and thus be in compliance with the new MS4 permit. The required legal authority that the City must possess includes, but is not limited to: • Prohibiting all non-storm water discharges to the MS4 and receiving waters unless designated as exempt by the MS4 Permit; • Controlling the discharge of spills, dumping, or disposal of material into the MS4; • Controlling the contribution of pollutants through interagency agreements; • Carrying out inspections, surveillance, and monitoring procedures; and • Requiring that structural BMPs are properly operated and maintained. Temple City is required under Section VI.A.2.b of the MS4 Permit to submit a statement certified by the City Attorney that the City has the legal authority within its jurisdiction to implement and enforce the requirements of the new MS4 permit. This certification must be submitted to the Regional Board along with the annual report, which is due December 15, 2013. CONCLUSION: The City Council is requested to adopt Ordinance No. 13-984, amending Chapters 1-4 of Title 8 of the Temple City Municipal Code (TCMC) to establish and maintain adequate legal authority to implement the provisions of the newly adopted MS4 NPDES Storm water Permit. City Council November 19, 2013 Page 4 of4 FISCAL IMPACT: The fiscal impacts of Ordinance No. 13-984 are unfortunately unknown. The Ordinance does require the City to take additional enforcement actions and preventative measures (e.g. catch basin inserts, additional street cleaning, and additional water quality monitoring) that could cost approximately $125,000. Because the RWQCB is continuing to develop standards, staff cannot quantify the full fiscal impacts. However, staff is working on providing a more detailed cost estimate as part of the Fiscal Year 2013-14 mid-year budget review. ATTACHMENTS: A. Ordinance No. 13-984 B. Order No. R4-2012-0175 (Section Ill., A.) ATTACHMENT A ORDINANCE NO. 13-984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE, TITLE 8 (STORM WATER POLLUTANT ELIMINATION) CHAPTERS 1-4, TO ESTABLISH AND MAINTAIN ADEQUATE LEGAL AUTHORITY TO IMPLEMENT THE PROVISIONS OF THE NEW NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information contained in the staff report to the City Council dated November 19, 2013; and on information and public input which was received at the noticed public hearings before the City Council on November 19, 2013 and December 3, 2013; and on information contained in the Order No. R4- 2012-0175; the City Council hereby amends the Municipal Code as described in Sections 2 to 8 below: SECTION 2. Section 8201 (B) of the Municipal Code, "Exempted Discharges", is hereby amended to read as follows: "B. Exempted Discharges: Section Ill., A. of Order No. R4-2012-0175 (MS4 Discharges within the Coastal Watersheds of Los Angeles) of the California Regional Water Quality Control Board Los Angeles Region, and any subsequent amendments thereto, are hereby adopted and incorporated herein by reference. SECTION 3. Section 8301(A) of the Municipal Code, "Regulatory Compliance", is hereby amended to read as follows: A. Regulatory Compliance: No person shall conduct any industrial activity in the city without first obtaining all permits required by state or federal law, including an NPDES general industrial activity storm water permit when required. Persons conducting industrial activities within the city should refer to the most recent edition of the "Industrial/Commercial Best Management Practices Handbook", produced and published by the California Stormwater Quality Association (CASQA), for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from industrial activities. ORDINANCE 13-984 Draft Municipal Code Amendment to Implement the MS4 Permit Page 2 SECTION 4. Section 8301 (K) of the Municipal Code, "Treatment Systems" is hereby amended to read as follows: K. Treatment Systems: Storm water clarifiers, separators, sediment ponds and other storm water treatment systems shall be kept in proper operating condition at all times to reduce pollutants in storm water runoff and to prevent the breeding of vectors. All facilities shall be constructed and installed to permit easy and safe access for maintenance and inspection at all times. Documentation of maintenance activities should be retained on site at all times and made readily available for an authorized inspector. Treatment systems shall be approved by the city manager prior to installation and operation. The manager shall require plans and supporting information as necessary for the evaluation of the treatment systems. SECTION 5. Section 8302 (C) of the Municipal Code, "Urban Runoff Mitigation Plan" is hereby deleted. SECTION 6. Section 8302 (E) of the Municipal Code, "Plan Approval" is hereby deleted. SECTION 7. Section 8302 (F) of the Municipal Code, "Expiration of Urban Runoff Mitigation Plan" is hereby deleted. SECTION 8. Section 8303 of the Municipal Code, "Standard Urban Storm Water Mitigation Plan" is hereby deleted. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published according to law. APPROVED AND ADOPTED THIS __ DAY OF 2013. Mayor ATTEST: CITY CLERK ORDINANCE 13-984 Draft Municipal Code Amendment to Implement the MS4 Permit Page 3 I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 13-984 was introduced at the regular meeting of the City Council of the City of Temple City held on the __ day of , 2013 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the __ day of __ _ 2013 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK Councilmember- Councilmember - Councilmember - MS4 Discharges within the Coastal Watersheds of Los Angeles County ATTACHMENT B ORDER NO. R4-2012-0175 NPDES NO. CAS004001 Y. Review by the State Water Board. Any person aggrieved by this action of the Regional 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 Regional Water Board action, except that if the thirtieth day following the 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. THEREFORE, IT IS HEREBY ORDERED, that the Dischargers, in order to meet the provisions contained in Division 7 of the California Water Code (commencing with section 13000), and regulations, plans, and policies adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, shall comply with the following requirements: Ill. DISCHARGE PROHIBITIONS A. Prohibitions-Non-Storm Water Discharges 1. Prohibition of Non-Storm Water Discharges. Each Permittee shall, for the portion of the MS4 for which it is an owner or operator, prohibit non-storm water discharges through the MS4 to receiving waters except where such discharges are either: a. Authorized non-storm water discharges separately regulated by an individual or general NPDES permit; b. Temporary non-storm water discharges authorized by USEPA3 pursuant to sections 1 04(a) or 1 04(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements ("ARARs") under section 121 (d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs by USEPA pursuant to section 121 (d)(4) of CERCLA or (b) a written determination by USEPA that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR. section 300.415(j); c. Authorized non-storm water discharges from emergency fire fighting activities (i.e., flows necessary for the protection of life or property)4 ; d. Natural flows, including: i. Natural springs; 3 These typically include short-term, high volume discharges resulting from the development or redevelopment of groundwater extraction wells, or USEPA or State-required compliance testing of potable water treatment plants, as part of a US EPA authorized groundwater remediation action under CERCLA. 4 Discharges from vehicle washing, building fire suppression system maintenance and testing (e.g., sprinkler line flushing), fire hydrant maintenance and testing, and other routine maintenance activities are not considered emergency fire fighting activities. Limitations and Discharge Requirements 27 MS4 Discharges within the Coastal Watersheds of Los Angeles County ORDER NO. R4-2012-0175 NPDES NO. CAS004001 ii. Flows from riparian habitats and wetlands; iii. Diverted stream flows, authorized by the State or Regional Water Board; iv. Uncontaminated ground water infiltration 5 ; v. Rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit6 ; or e. Conditionally exempt non-storm water discharges in accordance with Parts III.A.2 and III.A.3 below. 2. Conditional Exemptions from Non-Storm Water Discharge Prohibition. The following categories of non-storm water discharges are conditionally exempt from the non-storm water discharge prohibition, provided they meet all required conditions specified below, or as otherwise approved by the Regional Water Board Executive Officer, in all areas regulated by this Order with the exception of direct discharges to Areas of Special Biological Significance (ASBS) within Los Angeles County. Conditional exemptions from the prohibition on non-storm water discharges through the MS4 to an ASBS are identified in Partiii.A.3 below. a. Conditionally Exempt Essential Non-Storm Water Discharges: These consist of those discharges that fall within one of the categories below; meet all required best management practices (BMPs) as specified in i. and ii. below, including those enumerated in the referenced BMP manuals; are essential public services discharge activities; and are directly or indirectly required by other state or federal statute and/or regulation: i. Discharges from essential non-emergency fire fighting activities 7 provided appropriate BMPs are implemented based on the CAL FIRE, Office of the State Fire Marshal's Water-Based Fire Protection Systems Discharge Best Management Practices Manual (September 2011) for water-based fire protection system discharges, and based on Riverside County's Best Management Practices Plan for Urban Runoff Management (May 1, 2004) or equivalent BMP manual for fire training activities and post-emergency fire fighting activities; ii. Discharges from drinking water supplier distribution systems, where not otherwise regulated by an individual or general NPDES permit8 , provided 5 Uncontaminated ground water infiltration is water other than waste water that enters the MS4 (including foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow. (See 40 CFR § 35.2005(20).) 6 A NPDES permit for discharges associated with ground water dewatering is required within the Los Angeles Region. 7 This includes fire fighting training activities, which simulate emergency responses, and routine maintenance and testing activities necessary for the protection of life and property, including building fire suppression system maintenance and testing (e.g. sprinkler line flushing) and fire hydrant testing and maintenance. Discharges from vehicle washing are not considered essential and as such are not conditionally exempt from the non-storm water discharge prohibition. 8 Drinking water supplier distribution system releases means sources of flows from drinking water storage, supply and distribution systems (including flows from system failures), pressure releases, system maintenance, distribution line testing, and flushing and dewatering of pipes, reservoirs, and vaults, and minor non-invasive well maintenance activities not involving chemical addition(s) where not otherwise regulated by NPDES Permit No. CAG674001, NPDES Permit No. CAG994005, or another separate NPDES permit. Limitations and Discharge Requirements 28 MS4 Discharges within the Coastal Watersheds of Los Angeles County ORDER NO. R4-2012-0175 NPDES NO. CAS004001 appropriate BMPs are implemented based on the American Water Works Association (California-Nevada Section) Guidelines for the Development of Your Best Management Practices (BMP) Manual for Drinking Water System Releases (2005) or equivalent industry standard BMP manual. Additionally, each Permittee shall work with drinking water suppliers that may discharge to the Permittee's MS4 to ensure for all discharges greater than 100,000 gallons: (1) notification at least 72 hours prior to a planned discharge and as soon as possible alter an unplanned discharge; (2) monitoring of any pollutants of concern 9 in the drinking water supplier distribution system release; and (3) record keeping by the drinking water supplier. Permittees shall require that the following information is maintained by the drinking water supplier(s) for all discharges to the MS4 (planned and unplanned) greater than 100,000 gallons: name of discharger, date and time of notification (for planned discharges), method of notification, location of discharge, discharge pathway, receiving water, date of discharge, time of the beginning and end of the discharge, duration of the discharge, flow rate or velocity, total number of gallons discharged, type of dechlorination equipment used, type of dechlorination chemicals used, concentration of residual chlorine, type(s) of sediment controls used, pH of discharge, type(s) of volumetric and velocity controls used, and field and laboratory monitoring data. Records shall be retained for five years and made available upon request by the Permittee or Regional Water Board. b. Those discharges that fall within one of the categories below, provided that the discharge itself is not a source of pollutants and meets all required conditions specified in Table 8 or as otherwise specified or approved by the Regional Water Board Executive Officer: i. Dewatering of lakes 10 ; ii. Landscape irrigation; iii. Dechlorinated/debrominated swimming pool/spa discharges 11 , where not otherwise regulated by a separate NPDES permit; iv. Dewatering of decorative fountains 12 ; v. Non-commercial car washing by residents or by non-profit organizations; 9 Pollutants of concern from drinking water supplier distribution system releases may include trash and debris, including organic matter, total suspended solids (TSS), residual chlorine, pH, and any pollutant for which there is a water quality-based effluent limitation (WQBEL) in Part VLE applicable to discharges from the MS4 to the receiving water. Determination of the pollutants of concern for a particular discharge shall be based on an evaluation of the potential for the constituent(s) to be present in the discharge at levels that may cause or contribute to exceedances of applicable WQBELs or receiving water limitations. 10 Dewatering of lakes does not include dewatering of drinking water reservoirs. Dewatering of drinking water reservoirs is addressed in Part III.A.2.a.ii. 11 Conditionally exempt dechlorinated/debrominated swimming pool/spa discharges do not include swimming pool/spa filter backwash or swimming pool/spa water containing bacteria, detergents, wastes, or algaecides, or any other chemicals including salts from pools commonly referred to as "salt water pools" in excess of applicable water quality objectives. 12 Conditionally exempt discharges from dewatering of decorative fountains do not include fountain water containing bacteria, detergents, wastes, or algaecides, or any other chemicals in excess of applicable water quality objectives. Limitations and Discharge Requirements 29 MS4 Discharges within the ORDER NO. R4-2012-0175 NPDES NO. CAS004001 Coastal Watersheds of Los Angeles County vi. Street/sidewalk wash water 13. 3. Conditional Exemptions from Non-Storm Water Discharge Prohibition within an ASBS. The following non-storm water discharges from the MS4 directly to an ASBS are conditionally exempt pursuant to the California Ocean Plan as specified below, provided that: a. The discharges are essential for emergency response purposes, structural stability, slope stability or occur naturally, including the following discharges: i. Discharges associated with emergency fire fighting activities (i.e., flows necessary for the protection of life or property) 14; ii. Foundation and footing drains; iii. Water from crawl space or basement pumps; iv. Hillside dewatering; v. Naturally occurring ground water seepage via a MS4; and vi. Non-anthropogenic flows from a naturally occurring stream via a culvert or MS4, as long as there are no contributions of anthropogenic runoff. b. The discharges fall within one of the conditionally exempt essential non-storm water discharge categories in Part III.A.2.a. above. c. Conditionally exempt non-storm water discharges shall not cause or contribute 15 to an exceedance of applicable receiving water limitations and/or water quality- based effluent limitations in this Order or the water quality objectives in Chapter II of the Ocean Plan, or alter natural ocean water quality in an ASBS. 4. Permittee Requirements. Each Permittee shall: a. Develop and implement procedures to ensure that a discharger, if not a named Permittee in this Order, fulfills the following for non-storm water discharges to the Permittee's MS4: i. Notifies the Permittee of the planned discharge in advance, consistent with requirements in Table 8 or recommendations pursuant to the applicable BMP manual; ii. Obtains any local permits required by the MS4 owner(s) and/or operator(s); 13 Conditionally exempt non-storm water discharges of street/sidewalk wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of sidewalk area in accordance with Regional Water Board Resolution No. 98-08. Conditionally exempt non-storm water discharges of street/sidewalk wash water do not include hosing of any sidewalk or street with a garden hose with a pressure nozzle. 14 See note 4. 15 Based on the water quality characteristics of the conditiona!ly exempt non-storm water discharge itself. Limitations and Discharge Requirements 30 MS4 Discharges within the Coastal Watersheds of Los Angeles County ORDER NO. R4-2012-0175 NPDES NO. CAS004001 iii. Provides documentation that it has obtained any other necessary permits or water quality certifications 16 for the discharge; iv. Conducts monitoring of the discharge, if required by the Permittee; v. Implements BMPs and/or control measures as specified in Table 8 or in the applicable BMP manual(s) as a condition of the approval to discharge into the Permittee's MS4; and vi. Maintains records of its discharge to the MS4, consistent with requirements in Table 8 or recommendations pursuant to the applicable BMP manual. For lake dewatering, Permittees shall require that the following information is maintained by the lake owner I operator: name of discharger, date and time of notification, method of notification, location of discharge, discharge pathway, receiving water, date of discharge, time of the beginning and end of the discharge, duration of the discharge, flow rate or velocity, total number of gallons discharged, type(s) of sediment controls used, pH of discharge, type(s) of volumetric and velocity controls used, and field and laboratory monitoring data. Records shall be made available upon request by the Permittee or Regional Water Board. b. Develop and implement procedures that minimize the discharge of landscape irrigation water into the MS4 by promoting conservation programs. i. Permittees shall coordinate with the local water purveyor(s), where applicable, to promote landscape water use efficiency requirements for existing landscaping, use of drought tolerant, native vegetation, and the use of less toxic options for pest control and landscape management. ii. Permittees shall develop and implement a coordinated outreach and education program to minimize the discharge of irrigation water and pollutants associated with irrigation water consistent with Part VI.D.4.c of this Order (Public Information and Participation Program). c. Evaluate monitoring data collected pursuant to the Monitoring and Reporting Program (MRP) of this Order (Attachment E), and any other associated data or information, and determine whether any of the authorized or conditionally exempt non-storm water discharges identified in Parts IIIA1, IIIA2, and IIIA3 above are a source of pollutants that may be causing or contributing to an exceedance of applicable receiving water limitations in Part V and/or water quality-based effluent limitations in Part VI .E. To evaluate monitoring data, the Permittee shall either use applicable interim or final water quality-based effluent limitations for the pollutant or, if there are no applicable interim or final water quality-based effluent limitations for the pollutant, use applicable action levels provided in Attachment G. Based on non-storm water outfall-based monitoring as implemented through the MRP, if monitoring data show 16 Pursuant to the Federal Clean Water Act§ 401. Limitations and Discharge Requirements 31 MS4 Discharges within the Coastal Watersheds of Los Angeles County ORDER NO. R4-2012-0175 NPDES NO. CAS004001 exceedances of applicable water quality-based effluent limitations or action levels, the Permittee shall take further action to determine whether the discharge is causing or contributing to exceedances of receiving water limitations in Part V. d. If the Permittee determines that any of the conditionally exempt non-storm water discharges identified in Part IIIA2.b above is a source of pollutants that causes or contributes to an exceedance of applicable receiving water limitations and/or water quality-based effluent limitations, the Permittee(s) shall report its findings to the Regional Water Board in its annual report Based on this determination, the Permittee(s) shall also either: i. Effectively prohibit17 the non-storm water discharge to the MS4; or ii. Impose conditions in addition to those in Table 8, subject to approval by the Regional Water Board Executive Officer, on the non-storm water discharge such that it will not be a source of pollutants; or iii. Require diversion of the non-storm water discharge to the sanitary sewer; or iv. Require treatment of the non-storm water discharge prior to discharge to the receiving water. e. If the Permittee determines that any of the authorized or conditionally exempt essential non-storm water discharges identified in Parts lilA t.a through lilA t.c, IIIA2.a, or IIIA3 above is a source of pollutants that causes or contributes to an exceedance of applicable receiving water limitations and/or water quality-based effluent limitations, the Permittee shall notify the Regional Water Board within 30 days if the non-storm water discharge is an authorized discharge with coverage under a separate NPDES permit or authorized by US EPA under CERCLA in the manner provided in Part lilA t.b above, or a conditionally exempt essential non-storm water discharge or emergency non- storm water discharge. f. If the Permittee prohibits the discharge from the MS4, as per Part IIIA4.d.i, then the Permittee shall implement procedures developed under Part VLD.9 (Illicit Connections and Illicit Discharges Elimination Program) in order to eliminate the discharge to the MS4. 5. If a Permittee demonstrates that the water quality characteristics of a specific authorized or conditionally exempt essential non-storm water discharge resulted in an exceedance of applicable receiving water limitations and/or water quality- based effluent limitations during a specific sampling event, the Permittee shall not be found in violation of applicable receiving water limitations and/or water quality-based effluent limitations for that specific sampling event Such 17 To "effectively prohibit" means to not allow the non-storm water discharge through the MS4 unless the discharger obtains coverage under a separate NPDES permit prior to discharge to the MS4, Limitations and Discharge Requirements 32 MS4 Discharges within the Coastal Watersheds of Los Angeles County ORDER NO. R4-2012-0175 NPDES NO. CAS004001 demonstration must be based on source specific water quality monitoring data from the authorized or conditionally exempt essential non-storm water discharge or other relevant information documenting the characteristics of the specific non- storm water discharge as identified in Table 8. 6. Notwithstanding the above, the Regional Water Board Executive Officer, based on an evaluation of monitoring data and other relevant information for specific categories of non-storm water discharges, may modify a category or remove categories of conditionally exempt non-storm water discharges from Parts III.A.2 and III.A.3 above if the Executive Officer determines that a discharge category is a source of pollutants that causes or contributes to an exceedance of applicable receiving water limitations and/or water quality-based effluent limitations, or may require that a discharger obtain coverage under a separate individual or general State or Regional Water Board permit for a non-storm water discharge. Limitations and Discharge Requirements 33 MS4 Discharges within the Coastal Watersheds of Los Angeles County ORDER NO. R4-2012-0175 NPDES NO. CAS004001 Table 8. R -------d Condit" -----for Condit" llv E ---------------tN -----St ----Water Disch ------ General Conditions Discharge Under Which Conditions/BMPs that are Required to be Implemented Prior to Discharge Through the MS4 Category Discharge Through the MS4 is Allowed Ensure conditionally exempt non-storm water discharges avoid potential sources of pollutants in the flow path to prevent introduction of pollutants to the MS4 and receiving water. All Discharge See discharge specific Whenever there is a discharge of 100,000 gallons or more into the MS4, Permittees shall require Categories conditions below. advance notification by the discharger to the potentially affected MS4 Permittees, including at a minimum the LACFCD, if applicable, and the Permittee with jurisdiction over the land area from which the discharge originates. Ensure procedures lor advanced notification by the lake owner I operator to the Permittee(s) no less than 72 hours prior to the planned discharge. Discharge allowed Immediately prior to discharge, visible trash on the shoreline or on the surface of the lake shall be only if all necessary removed and disposed of in a legal manner. permits/water quality certifications lor Immediately prior to discharge, the discharge pathway and the MS4 inlet to which the discharge is Dewatering of lakes dredge and fill directed, shall be inspected and cleaned out. activities, including Discharges shall be volumetrically and velocity controlled to minimize resuspension of sediments. water diversions, are obtained prior to Measures shall be taken to stabilize lake bottom sediments. discharge. Ensure procedures lor water quality monitoring lor pollutants of concern 18 in the lake. Ensure record-keeping of lake dewatering by the lake owner I operator. 18 Pollutants of concern include, at a minimum, trash and debris, including organic matter, TSS, and any pollutant tor which there is a water quality-based effluent limitation in Part VJ.E for the lake and/or receiving water. Limitations and Discharge Requirements 34 MS4 Discharges within the Coastal Watersheds of Los Angeles County Discharge allowed if runoff due to potable landscape irrigation is minimized through the implementation of an ordinance specifying Landscape irrigation water efficient landscaping using potable water standards, as well as an outreach and education program focusing on water conservation and landscape water use efficiency. Discharge of reclaimed or recycled water runoff from landscape irrigation is allowed if the discharge is in Landscape irrigation compliance with the using reclaimed or producer and recycled water distributor operations and management (O&M) plan, and all relevant portions thereof, including the Irrigation Management Plan. Limitations and Discharge Requirements ORDER NO. R4-2012-0175 NPDES NO. CAS004001 Implement BMPs to minimize runoff and prevent introduction of pollutants to the MS4 and receiving water. Implement water conservation programs to minimize discharge by using less water. Discharges must comply with applicable O&M Plans, and all relevant portions thereof, including the Irrigation Management Plan. 35 MS4 Discharges within the Coastal Watersheds of Los Angeles County Discharges allowed after implementation of specified BMPs. Pool or spa water containing copper- Dechlorinated/ based algaecides is not allowed to be debrominated discharged to the swimming pool/spa discharges MS4. Discharges of cleaning waste water and filter backwash allowed only if authorized by a separate NPDES permit. Discharges allowed after implementation of specified BMPs. Fountain water containing copper- Dewatering of based algaecides may decorative fountains not be discharged to the MS4. Fountain water containing dyes my not be discharged to the MS4. Non-commercial car Discharges allowed washing by after implementation residents or by non-of specified BMPs. ORDER NO. R4-2012-0175 NPDES NO. CAS004001 Implement BMPs and ensure discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 and receiving water. Swimming pool water must be dechlorinated or debrominated using holding time, aeration, and/or sodium thiosulfate. Chlorine residual in the discharge shall not exceed 0.1 mg/L. Swimming pool water shall not contain any detergents, wastes, or algaecides, or any other chemicals including salts from pools commonly referred to as "salt water pools" in excess of applicable water quality objectives." Swimming pool discharges are to be pH adjusted, if necessary, and be within the range of 6.5 and 8.5 standard units. Swimming pool discharges shall be volumetrically and velocity controlled to promote evaporation and/or infiltration. Ensure procedures for advanced notification by the pool owner to the Permittee(s) at least 72 hours prior to planned discharge for discharges of 100,000 gallons or more. For discharges of 100,000 gallons or more, immediately prior to discharge, the discharge pathway and the MS4 inlet to which the discharge is directed, shall be inspected and cleaned out. Implement BMPs and ensure discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 and receiving water. Fountain water must be dechlorinated or debrominated using holding time, aeration, and/or sodium thiosulfate. Chlorine residual in the discharge shall not exceed 0.1 mg/L. Fountain discharges are to be pH adjusted, if necessary, and be within the range of 6.5 and 8.5 standard units. Fountain discharges shall be volumetrically and velocity controlled to promote evaporation and/or infiltration. Ensure procedures for advanced notification by the fountain owner to the Permittee(s) at least 72 hours prior to planned discharge for discharges of 100,000 gallons or more. For discharges of 100,000 gallons or more, immediately prior to discharge, the discharge pathway and the MS4 inlet to which the discharge is directed, shall be inspected and cleaned out. Implement BMPs and ensure discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 and receiving water. Minimize the amount of water used by employing water conservation practices such as turning off 19 Applicable mineral water quality objectives for surtace waters are contained in Chapter 3 of the Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties. Limitations and Discharge Requirements 36 MS4 Discharges within the Coastal Watersheds of Los Angeles County profit organizations Street/sidewalk Discharges allowed wash water after implementation of specified BMPs. Limitations and Discharge Requirements ORDER NO. R4-2012-0175 NPDES NO. CAS004001 nozzles or kinking the hose when not spraying a car, and using a low volume pressure washer. Encourage use of biodegradable, phosphate free detergents and non-toxic cleaning products. Where possible, wash cars on a permeable surface where wash water can percolate into the ground (e.g. gravel or grassy areas). Empty buckets of soapy or rinse water into the sanitary sewer system (e.g., sinks or toilets). Sweeping should be used as an alternate BMP whenever possible and sweepings should be disposed of in the trash. BMPs shall be in accordance with Regional Water Board Resolution No. 98-0Bthat requires: 1) removal of trash, debris, and free standing oil/grease spills/leaks (use absorbent material if necessary) from the area before washing and 2) use of high pressure, low volurne spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of sidewalk area. In areas of unsanitary conditions (e.g., areas where the congregation of transient populations can reasonably be expected to result in a significant threat to water quality), whenever practicable, Permittees shall collect and divert street and alley wash water from the Permittee's street and sidewalk cleaning public agency activities to the sanitary sewer. 37