HomeMy Public PortalAbout16 9.A. Second Reading and Adoption of Ordinance No. 13-984 Storm Water Pullutant Elimination MS4AGENDA
ITEM 9.A.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: December 3, 2013
TO: T he Honorable City Counci l
FROM: Jose E. Pul ido, City Manager (}
Via: Mark Persico, AICP, Community Development Director
By: Robert Sahagun, Public Safety and Services Manager
Andrew J. Coyne, Management Analyst
SUBJECT: SECOND READING AND ADOPTION 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 waive further reading and adopt Ordinance No. 13-984
(Attachment "A") amending Chapters 1-4 of Title 8 ("Storm Water Pollutant Elimination")
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 ).
BACKGROUND:
On November 19, 2013, the City Council introduced Ordinance No. 13-984 for first
reading (See Attachment "C" for original staff report). No public comments were
received .
ANALYSIS:
As provided in the staff report for the November 19, 2013, City Council Meeting, 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 with i n 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.
City Council
December 3, 2013
Page 2 of 2
CONCLUSION:
The City Council is requested to have the second reading and adoption of Ordinance
No. 13-984. Adoption of Ordinance No. 13-984 will amend 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.
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 City's Fiscal Year
2013-14 Mid-Year Budget review.
ATTACHMENTS:
A. Ordinance No. 13-984
B. Order No. R4-2012-0175 (Section Ill., A.)
C. November 19, 2013 City Council Staff Report
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-
Council member-
MS4 Discharges within the
Coastal Watersheds ot Los Angeles County
ATTACHMENT B
ORDER NO. R4-2012-0175
NPDES NO. CAS004001
V. 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 104(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 US EPA pursuant !o 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 ot a US EPA authorized groundwater remediation
action under CERCLA.
4 Discharges from vehicle washing, building fire suppression system maintenance and testing (e.g., sprin'~ler line ilushing), !ire hydrant
maintenance and testing, and other routine-maintenance activities are not considered emergency lire fighting activities.
Limitations and Discharge Requirements 27
MS4 Discharges within the
Coastal Watersheds o! 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 IIIA2
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 Part III.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 lire 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 testir1g activities necessary
for the protectlon of life and property, including building fire suppression system maintenance and testing (e.g. sprinkler line flushing) and lire
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.
a Drinking water supplier distribution system releases means sources of flows -!rom drinking water storage, supply and distribution systems
(including ilows from system failures), pn~ssure 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 after 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 PoButants 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 eitiuent limitation (WQBEL) in Part
VI,E 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 !akes does not include dewatering of drinking water reservoirs. Dewatering of drinking water reservoirs is addressed in Pa1i
III.A.2.ali.
11 Conditionally exempt dechlolinated(debrominated swimming poo!/spa discharges do not include swimming pool/spa iilter 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 wa1er pools" in excess of applicable water quality objectives.
1 :?. Conditionally exempt ciischarges from dewatering of decorative fountains do not include fountain water contain1ng bacteria, detergents,
wasles, 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 oi 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 lire 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);
18-Conditionally exempl non-storm water discharges of streBtlsidewalk wash water only include those discharges resdtlng from use of high
pressure, low volume spray washing using only po1able water with no cleaning agents at an average usage of 0.006 gallons per square feet
of sidewalk an~a in accordance with Regional Water Board Resolution No. 98-08. Conditionafly exempt non-storm water discharges cf
streetlsldewalk 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 characterlstlcs of the conditionally exempt nan-storm water discharge itself.
Limitations and Discharge Requirements 30
MS4 Discl1arges 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 certifications16 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 111A1, IIIA2, and
1JIA3 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
is Pursuant to the Federal Clean Water Act§ 401.
Limitations and Discharge Requirements 31
MS4 Discha1·ges 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 II I.A. I .a through
II!At.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
USEPA under CERCLA in the manner provided in Part IIIAI.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 VI.D.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
11 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,
Llmilations and Discharge Requirements 32
MS4 Discharges within the
Coastal Watersheds of Los Angeles County
ORDER 1\0. 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 IIIA2
and IIIA3 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
. --·-................. --__ ,, ....... ._ ...... ·-· --··-···-··-·· ........... .. ........ _. ............ -~-· - . ._. ...... _. :::J--
General Conditions
Discharge Under Which Condltions/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 for 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
certiiications for 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 for pollutants of concern 18 in the lake.
Ensure record-keeping of lake dewatering by \he lake owner I operator.
1a Pollutants of concem include, at a minimum, trash and debris, including organic matter, TSS, and any pollutant for which there is a we.ter 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 ln
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 uniis.
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 tl1e 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. I
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, ihe 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 thEi_§mount of water __ used by employiQ_g_watergonserva!ion practices,_?UCh a?J!::lrnfng off
N 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 tho
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 was11er.
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. 98-08 that requires: 1)
removal of trash, debris, and free standing oil/grease spills/leaks iuse absorbent material if
necessary) from the area before washing and 2) 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 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
DATE:
TO:
FROM:
SUBJECT:
ATTACHMENT C
COMMUNITY DEVELOPMENT: DEPARTMENT· . : .· .
MEMORANDUM
November 19, 2013
The Honorable City Council
Jose E. Pulido, City Managern
Via: Mark Persico, AICP, CG~munity 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 p ublic hearing and introduce Ordinance No. 13-984 (Attachment "A")
for first readi ng by ti t le only, amend ing Chapters 1-4 of Ti t le 8 of the Temple City
Municipal Code (TCMC) to establish and maintain adequate legal authority to
imp lement the provi sions of the newly adopted National Pollutant . Discharge
Elimination System (NPDES) Storm wate r Permit for Municipa l Separate Storm
Sewer Systems (MS4); ·
b) Waive further reading of Ordinance No.13-984; and
c) Schedu le the second reading of Ordinance No. 13-984 for December 3, 2013.
BACKGROUND:
1. On December 17, 1972, Congress passed the C lean 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,