HomeMy WebLinkAboutStaff Report 279-06TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 4
CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JUNE 26, 2006 CMR:279:06
SUBJECT:APPROVAL OF ORDINANCE REVISING STORM WATER
POLLUTION PREVENTION MEASURES FOR LAND
DEVELOPMENT PROJECTS
RECOMMENDATION
Staff recommends that Council approve the attached ordinance (Attachment A) revising
storm water pollution prevention requirements for land development projects.
BACKGROUND
The San Francisco Bay Regional Water Quality Control Board (Regional Board) issues
National Pollutant Discharge Elimination System (NPDES) permits that stipulate water
quality requirements for discharges to waters of the State. In 1990, the Regional Board
issued a joint NPDES permit to the Santa Clara Valley Urban Runoff Pollution Control
Program (Program), consisting of 13 Santa Clara Valley cities, the County of Santa Clara,
and the Santa Clara Valley Water District, for discharge of storm water to local creeks
and the San Francisco Bay. The permit required the development and implementation of
an Urban Runoff Management Plan (Plan) containing control measures to be
implemented by municipalities, residents, and businesses to reduce storm water pollution.
The Plan identified best management practices (BMPs) for storm water pollution control,
public outreach and education programs, and local inspection and enforcement activities
designed to improve storm water quality.
The Regional Board has deemed land development activity as a significant potential
pollutant source in the region, threatening the water quality in local creeks and San
Francisco Bay. Accordingly, the Program’s. third-generation NPDES permit issued in
2001 included a set of requirements imposed upon land development and redevelopment
projects. In fall 2003, to implement the initial requirements stipulated in the permit,
Council adopted a storm water pollution prevention ordinance that required projects that
create or replace one acre or more of impervious surface to incorporate treatment
measures and other appropriate source control and site design measures into projects to
reduce pollutant discharges to the maximum extent practicable (CMR:255:03). In
accordance with subsequent revisions to the permit (Attachment B), Council adopted
ordinance revisions in 2005 that extended the applicability of the storm water regulations
to smaller-sized projects and created new requirements that address the potential impacts
of development on the health of local creeks (CMR: 353:05).
CMR:279:06 Page 1 of 4
DISCUSSION
The attached ordinance modifies the City’s existing storm water pollution prevention
regulations (PaiD Alto Municipal Code [PAMC] Chapter 16.11) once again in order to
comply with a provision of the 2005 NPDES permit amendment. The regulations require
specified projects to incorporate treatment measures and other appropriate source control
and site design measures into projects to reduce pollutant discharges to the maximum
extent practicable. The NPDES permit stipulates that, beginning no later than August 15,
2006, the City must require these storm water measures for development projects that
create or replace 10,000 square feet or more of impervious surface. The attached
ordinance lowers the compliance threshold to 10,000 square feet and clarifies that
development applications "deemed complete" after the effective date of the ordinance
will be subject to its provisions.
Due to the timing of the NPDES permit issuance and renewal cycle, new requirements
have historically been imposed upon the Santa Clara Valley Program before they impact
the other Bay Area storm water programs. This situation has created an unfair financial
burden on Santa Clara Valley communities due to the increased cost of permit
compliance and the loss of economic development opportunities caused by the higher
level of regulation. Program staff has been diligent in its efforts to remedy the inequity
resulting from the differing requirements amongst storm water programs. The
requirement to reduce the threshold for implementation of development controls to
10,000 square feet by August 15, 2006 will apply universally throughout the Bay Area.
Furthermore, in order to permanently resolve all the differences between the storm water
permits throughout the Bay Area, Regional Board staff has been working cooperatively
with storm water program managers towards the issuance of a single regional permit for
all Bay Area storm water programs in early 2007.
Staff has performed outreach to those impacted by these revised storm water regulations
at both the local and regional level. Regionally, the Program has prepared guidance
documents and conducted regional training workshops for agency staff as well as
members of the development community. At the local level, staff prepared an
informational fact sheet on the new regulations (Attachment C) that has been placed at
the Development Center and posted on the web. Staff also sent out a direct mailing to
local developers and designers earlier this month.
RESOURCE IMPACT
Enforcement of the proposed ordinance will require additional effort by Public Works
and Planning staff both during permit review and periodic follow-up inspections to verify
proper maintenance of storm water control measures. Because of the moderate number
of development projects expected to trigger the ordinance’ s lowered threshold levels, the
need for additional staff is not anticipated at this time. Additional costs incurred by the
City for plan review and site inspections are recovered through existing permit fees.
POLICY IMPLICATIONS
The storm water pollution prevention measures contained in the proposed ordinance are
consistent with a number of policies and programs contained in the Comprehensive Plan:
CMR:279:06 Page 2 of 4
Program N-29: Actively participate in programs such as the Santa Clara Valley Urban
Runoff Pollution Prevention Program to improve the quality of stormwater runoff.
Policy N-21: Reduce non-point source pollution in urban runoff from residential,
commercial, industrial, municipal, and transportation land uses.
Program N-27: Work with regulatory agencies, environmental groups, affected
businesses, and other stakeholders to identify economically viable Best Management
Practices (BMP) for reducing pollution.
Policy N-22: Limit the amount of impervious surface in new development or public
improvement projects to reduce urban runoff into storm drains, creeks, and San Francisco
Bay.
Program N-75: Establish a standardized process for evaluating the impacts of
development on the storm drainage system.
TIMELINE
The attached ordinance will take effect on August 10 (the 31st day following the
scheduled second reading of the ordinance). The provisions of the ordinance will be
applicable to permit applications deemed complete by the City on or after the effective
date of the ordinance for projects that equal or exceed the threshold size criteria. This
implementation schedule is consistent with the current NPDES permit, which requires the
City to lower the compliance threshold for development-related storm water pollution
prevention requirements no later than August 15, 2006.
ENVIRONMENTAL REVIEW
Adoption of the attached ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) as a measure taken to implement an action to assure
the maintenance, restoration, enhancement, or protection of the environment.
ATTACHMENTS
Attachment A: Ordinance Revising Storm Water Pollution Prevention Measures for
Land Development Projects
Attachment B: July 20, 2005 Revisions to NPDES Storm Water Discharge Permit
Attachment C: Fact Sheet on Revised Storm Water Regulations
PREPARED BY:
DEPARTMENT HEAD:
CMR:279:06 Page 3 of 4
CITY MANAGER APPROVAL:
cc: Adam Olivieri, EOA, Inc.
EMILY" SON
Assistant City Manager
CMR:279:06 Page 4 of 4
ATTACHMENT A
***NOT YET APPROVED***
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 16.11.020 AND ADDING NEW SECTION
16.11.070 OF CHAPTER 16.11 OF TITLE 16 OF THE PALO ALTO
MUNICIPAL CODE PERTAINING TO STORMWATER POLLUTION
PREVENTION MEASURES
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. Section 16.11.020 of Chapter 16.11 of Title
16 of the Palo Alto Municipal Code is hereby amended in its
entirety to read, as follows:
~16. ii. 020 Definitions.
The following words and phrases, whenever used in this
chapter, sh=il hahn\-÷ ~h÷ meanin.:-s as set forth below:
(a) "’Deve!opment pro3ect" ~£ai_ means any private or public
project under the planning and building authority of the city f<~r
s::-_<are f÷e~ ,::r mcr÷ cf impervious surface scllecE~vei-,; ]ver Lh÷
-Dmni_qqea, ~%-sm area-es mmcer~-mcu.s surf~.s÷ and is in one of the
categories described in subsections (a) (!), (a) (2), or (a) (3)
below.
(1) A project shall be considered a development project if it
results in the creation of an amount of impervious surface
collectively over the entire project site, including but not
limited to parking lots, roof area, streets, and private walkways
equal to or more than one of the following thresholds:
i.One acre (43,560 square feet); or
ii !0,000 square feet if the project is in one of the
following land use categories:
a.Auto service stations;
b.Auto wrecking or salvage yards.
(2)A project shall be considered a development project if it
results in the creation of 10,000 square feet or more of impervious
surface area used for one of the following functions:
i.Loading dock; or
ii.Surface parking lot.
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(3) A project shall be considered a development project if
it results in the creation of I0,000 square feet or more of
impervious surface area used for one of the functions described
below and the project developer fails to demonstrate to the city
engineer that potential pollutant loading will be satisfactorily
mitigated through post-construction source control and site design
practices:
i. Outdoor vehicle or equipment maintenance (including
washing and repair);
ii. Outdoor handling or storage of waste or hazardous
materials;
iii. Outdoor manufacturing;
iv.Outdoor food handling or processing;
v.Outdoor animal care;
vi.Outdoor horticultural activities; or
vii.Other outdoor activities of industrial or commercial
uses.
(4) For projects that include one of the land use functions
listed in subsections (a) (2) or (a) (3) above, the development
project shall consist of only the portion of the site containing
the specific land use function.
(%~[) A project in one of the following categories sha!l not be
considered a development project regardless of the amount of
impervious surface it creates:
i. An individual single-family home, which is not part of a
larger common plan of deve!opment, that is designed with
appropriate source contro! and site design measures; or
ii. Sidewalks, bicycle lanes, trails, bridge accessories,
guardrails and landscape features located in the public right-of-
way.
(b) "Hydromodification management measures" ~he!i-mean£ any
combination of on-site, off-site, and in-stream control measures
incorporated into specified development projects and significant
redevelopment projects in order to reduce stormwater runoff so as
to not cause an increase in the erosion potential of the receiving
stream over the pre-project condition, in accordance with and as
required by Order No. 01-119 under NPDES Permit No. CAS0297!8
issued by the California Regional Water Quality Control Board, San
Prancisco Bay Region (the "Regional Board"), as it may be amended
from time to time.
(c) "Impervious surface" -sh-a/i meani land that has been
modified by the action of persons to reduce the land’s natural
ability to absorb and hold rainfal!. This includes any hard surface
area which either prevents or retards the entry of water into the
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***NOT YET APPROVED***
soil mantle as it entered under natural conditions pre-existent to
development, and/or a hard surface area which causes water to run
off the surface in greater quantities or at an increased rate of
flow from the f!ow present under natural conditions pre-existent to
development. Impervious surfaces include, but are not limited to,
rooftops, pavement, sidewalks, walkways, patios, driveways, and
parking lots where such surfaces are not constructed with pervious
materials and/or are not designed to have zero stormwater
discharge.
(d) "Permanent stormwater pollution prevention measures" or
"PSPPM" :~:i -mean~ any combination of source control measures,
site design measures, and/or stormwater treatment measures that
reduce stormwater pollution to the maximum extent practicable as
required by Order No. 01-119 under NPDES Permit No. CAS029718
issued by the Regional Board, as it may be amended from time to
time. The design and implementation of the PSPPM must be in
accordance with the guidelines and technical specifications
provided by the city or other city-approved authority and the
requirements of Order No. 01-119.
(e) "Significant redevelopment project" sns__ means any
private or public project under the planning and building
jurisdiction of the city fu~-~-:ki..:h, _~: ::- ~f:~÷z Ausus< l~,
.~.~ .-’.::.z:<z_qq÷i on a previously developed site that creates
.:..:z-e s.:ubz-£ fe~2 <.f additional or replacement impervious surface
surface and is in one of the categories described in subsections
(e) (i), (e) (2), or (e) (3) below.
(I) A project shall be considered a significant redevelopment
project if it results in the addition or replacement of an amount
of impervious surface collectively over the entire project site,
including but not limited to parking lots, roof area, streets, and
private walkways equal to or more than one of the following
thresholds:
i.One acre (43,560 square feet); or
ii.i0,000 square feet if the project is in one of the
following land use categories:
a.Auto service stations;
b.Auto wrecking or salvage yards.
(2)A project shal! be considered a significant redevelopment
project if it results in the addition or replacement of i0,000
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***NOT YET APPROVED***
square feet or more of impervious surface area used for one of the
following functions:
i.Loading dock; or
ii.Surface parking lot.
(3)A project shall be considered a significant redevelopment
project if it results in the addition or replacement of I0,000
square feet or more of impervious surface area used for one of the
functions described below and the project developer fails to
demonstrate to the city engineer that potentia! pollutant loading
wil! be satisfactorily mitigated through post-construction source
control and site design practices:
~i~. Outdoor vehicle or equipment maintenance (including
washing and repair);
~ii~.Outdoor handling or storage of waste or hazardous
materials;
~iii+.Outdoor manufacturing;
-iv+.Outdoor food handling or processing;
:v+. Outdoor animal care;
~vi~.Outdoor horticultural activities; or
~Vl!~.Other outdoor activities of industrial or commercia!
uses.
(4) For projects that include one of the land use functions
listed in subsections (e) (2) or (e) (3) above, the significant
redeve!opment project shall consist of only the portion of the site
containing the specific land use function.
(5) A project in one of the following categories shal! not be
considered a significant redevelopment project regardless of the
amount of impervious surface it creates:
i.Interior remodels; ~
ii.Routine maintenance or repair including, but not limited
to, roof or exterior surface replacement, pavement resurfacing,
repaving and road pavement structural section rehabilitation within
the existing footprint, and any other reconstruction work within a
public street or road right-of-way where both sides of the street
or right-of-way are developed:; or
::: An in.lividuai sin~:~ie-famiiv home, which is no~ :..ar~ of a
(f) "Site design measures" _:hull .mean£ any project design
features that reduce stormwater pollution by decreasing or s!owing
stormwater runoff or intercepting the f!ow of runoff across a
series of contiguous impervious surfaces.
(g) "Source control measures" shal! mean£ any project design
features that aim to prevent stormwater pollution by eliminating or
reducing the potentia! for contamination at the source of
pollution.
(h) "Stormwater treatment measures" eh{ii -means any
engineered system designed to remove pollutants from stormwater by
simple gravity settling of particulate pollutants, filtration,
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** * NOT YE T APPROVED* * *
bio!ogical uptake, media adsorption
biological,or chemical process."
or any other physical,
SECTION 2. Section 16.11.070 of Chapter 16.11 of Title
16 of the Palo Alto Municipal Code is hereby added to read, as
fol!ows:
÷
SECTION 3. The City Council finds that the adoption of
this ordinance does not constitute a project under the California
Environmenta! Quality Act.
SECTION 4. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Public Works
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ATTACHMENT B
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
ORDER No. R2-2005-0035
NPDES PERMIT NO. CAS029718
AMENDMENT REVISING ORDER NO. 01-119 FOR:
SANTA CLARA VALLEY WATER DISTRICT, COUNTY OF SANTA CLARA, CITY OF
CAMPBELL, CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS,
TOWN OF LOS GATOS, CITY OF MILPITAS, CITY OF MONTE SERENO, CITY OF
MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SAN JOSE, CITY OF SANTA CLARA,
CITY OF SARATOGA, ANDCITY OF SUNNYVALE, which have joined together to form the
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM
The California Regional Water Quality Control Board, San Francisco Bay Region, hereinafter referred
to as the Board, finds that:
Findings
Incorporation of related documents: The Fact Sheet for this Order includes cited references and
additional explanatory information in support of the requirements of this amendment. This
information, including any supplements thereto, and any future response to comments on the
Tentative Order, is hereby incorporated by reference.
Existing Orders
The Board adopted Order No. 01-024 on February 21, 2001, reissuing waste discharge
requirements under the National Pollutant Discharge Elimination System (NPDES) permit for the
Santa Clara Valley Urban Runoff Pollution Prevention Program (Program) for the discharge of
stormwater to South San Francisco Bay and its tributaries. The Program’s NPDES permit is
jointly issued to the thirteen cities of Santa Clara County named above, Santa Clara County and
the Santa Clara Valley Water District, all of which are Co-permittees. These Co-permittees are
referred to as the Dischargers.
Order No. 01-024 recognizes the Santa Clara Valley Urban Runoff Management Plan
(Management Plan) as the Dischargers’ Comprehensive Control Program and requires
implementation of the Management Plan, which describes a framework for management of
stormwater discharges. The Management Plan describes the Program’s goals and objectives and
contains Performance Standards, which represent the baseline level of effort required of each of
the Dischargers. The Management Plan contains Performance Standards for seven different
stormwater management activities.
The Board adopted Order No. 01-119 on October 17, 2001, which amended Provision C.3. of
Order No. 01-024 to enhance the Dischargers’ existing Performance Standard for new
development and significant redevelopment. Order No. 01-024 and Order No. 01-119 are
-- Order R2-2005-0035 --
Page 1
hereinafter collectively referred to as the Permit. Order No. 01-119 specifically requires a level of
implementation of best management practices (BMPs), including source control, site design, and
structural stormwater treatment measures in new development and significant redevelopment, that
removes pollutants from the discharge to the maximum extent practicable (MEP). This is done
through additional requirements to incorporate source control measures, site design principles, and
structural stormwater treatment controls in new development and redevelopment projects in order
to reduce water quality impacts of stormwater runoff for the life of these projects. The consistent
application of such measures is intended to greatly reduce the adverse impacts of new
development and redevelopment on water quality and beneficial uses by reducing stormwater
pollutant impacts, and impacts of increases in peak runoff rate.
o In September 2003, as allowed by the Permit, the Program proposed an alternate Group 2
definition under Provision C.3.c. so as to provide consistency between the Permit and the permits
for other Bay Area Phase ! municipal stormwater permit holders (hereinafter referred to as "other
Bay Area Permittees"). The other Bay Area Permittees include the Alameda Countywide Clean
Water Program, the Contra Costa Clean Water Program, Fairfield-Suisun Sanitary District, and the
San Mateo Stormwater Pollution Prevention Program. Specifically, the proposed revisions
excluded specific projects from the Group 1 and 2 Project categories, increased the threshold for
implementation of C.3. requirements to 10,000 square feet for Group 2 projects, allowed projects
with water quality benefits (such as stream restoration) under an alternative compliance program,
provided exemptions for certain redevelopment projects, and requested additional time for the
implementation of C.3. requirements for Group 2 Projects by extending the date from October 15,
2004, to April 15, 2005.
o The Board approved the alternate Group 2 definition at its October 15, 2003 meeting and directed
the Executive Officer to sign and send a Letter of Approval to the Dischargers. This Order
conforms the Group 1 and 2 Project definitions in the Permit pursuant to the Board’s prior Letter
of Approval.
Amendments of this Order
Group 2 Proiects
°This Order also establishes definitions for Group 2A and 2B Projects to allow implementation to
be completed in phases by the Dischargers. The Order extends the implementation date for Group
2A projects from April 15, 2005, to within three months of adoption of this Order. This Order
also amends Provision C.3.c.ii. of Order No. 01-119 to extend the implementation date for Group
2B Projects so as to provide consistency with permits for other Bay Area Permittees.
H~,dromodification Management Plan (I-IMP) Report
°This Order also amends the Permit to a~prove key provisions of the Hydromodification
Management Plan (HMP) Final Report required under this Permit (hereinafter referred to as the
HMP Report), as set forth in Attachment A of this Order, and which are hereby incorporated into
~ Hydromodification Management Plan Report, Final Draft, Santa Clara Valley Urban Runoff Pollution Prevention
Program, April 21, 2005.
-- Order R2-2005-0035 --
Page 2
this Permit. The intent of the HMP Report is to reduce the hydromodification impacts from
stormwater discharges from certain development projects within the Dischargers’ jurisdictions.
Provision C.3.f.viii of the Permit required submittal of the HMP Report by October 15, 2003.
However, the Dischargers were provided an additional three months to complete the HMP Report
in order to provide the Dischargers and other Bay Area Permittees the same net amount of time to
complete an HMP Report. Subsequently, the Dischargers submitted components of their HMP
and were allowed additional time, approximately 15 more months, to resolve technical and
administrative implementation issues and complete their HMP Report.
The other Bay Area Permittees submitted their own HMP reports on or about May 15, 2005. The
next steps include Board staff review of all the HMP reports; comments on the technical merits of
each report; collaborative meetings to encourage consistency; revision of the HMP reports as
necessary; public notice of intent to approve and require the implementation of the HMPs; and a
hearing(s) by the Board. Thus, it is expected that the other Bay Area Permittees will be required
to implement their HMPs by late 2005 or early 2006. It is the Board’s intention to make all the
permit requirements and implementation dates essentially uniform for all Bay Area Permittees in
the near future.
10.The Board intends to consider making revisions of the Dischargers’ HMP provisions if needed to
make the Dischargers’ HMP consistent with the HMPs of other Bay area Permittees. The Board
may do this through approval of a region-wide permit, though a blanket permit amendment for all
Bay Area Permittees, or through reissuance of the Dischargers’ permit accomplished in a
consistent fashion with the other Bay Area Permittees.
11.The Board intends that the Executive Officer may request that all Bay Area Permittees investigate
potential incremental costs, and benefits to waterways, from controlling a range of flows up to the
50-year peak flow versus controlling up to the 10-year peak flow, as required by this Order. Any
future revisions of the Dischargers’ HMP provisions may reflect improved understanding of this
issue.
12.The Board strongly encourages land use planning agencies and developers to carefully consider,
early in the development planning process, the potential impacts on water quality and beneficial
uses of new development projects. The Board strongly discourages modifying watercourses to
adapt to increased flows and durations of runoff, except in limited circumstances where avoidance
or other natural alternatives are not feasible. In these limited circumstances, project proponents
first demonstrate that hydromodification has been minimized to the extent practicable by
minimizing increases in flows and durations of runoff discharge from the site. Second, the project
proponents should demonstrate that off site mitigation measures have been employed to the
maximum extent practicable to avoid hydromodification impacts. Project proponents also should
document that there will be no adverse effects to water quality or beneficial uses.
13.For the purposes of this Order, the term "Redevelopment" is defined as a project on a previously
developed site that results in the addition or replacement of impervious surface, and the term
"Brownfield site" means real property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous substance, pollutant, or
contaminant.
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Page 3
14.
15.
16.
Transit village type developments within 1A to within ½ mile of transit stations and/or intermodal
facilities, and projects within "Redevelopment Project Areas" (as defined by Health and Safety
Code Section 33000, et seq.) that redevelop an existing Brownfield site or create housing units
affordable to persons of low or moderate income as defined by Health and Safety Code Section
50093, are excepted from the requirements of Provision C.3.f. and the HMP, and after
impracticability of including onsite treatment measures is established, from the requirement for
alternate, equivalent offsite treatment. Significant change in impervious surface or significant
change in stormwater runoffvolume or timing is unlikely in these redevelopment circumstances,
because these developments would be within a largely already paved catchment, and on a site that
is largely already paved or otherwise impervious.
Certain control measures implemented or required by Dischargers for urban runoff management
may create a habitat for vectors (e.g., mosquitoes and rodents) if not properly designed or
maintained. Close collaboration and cooperative effort among Dischargers, local vector control
agencies, Board staff, and the State Department of Health Services is necessary to minimize
potential nuisances and public health impacts resulting from vector breeding.
The Board recognized in its "Policy on the Use of Constructed Wetlands for Urban Runoff
Pollution Control" (Resolution No. 94-102) that urban runoff treatment wetlands that are
constructed and operated pursuant to that Resolution and are constructed outside of a creek or
other receiving water, are stormwater treatment systems and, as such, are not waters of the United
States subject to regulation pursuant to Sections 401 or 404 of the federal Clean Water Act. Board
staff is working with the California Department of Fish and Game (CDFG) and U.S. Fish and
Wildlife Service (USFWS) to identify how maintenance for stormwater controls required under
orders such as this Order can be appropriately streamlined, given CDFG and USFWS
requirements, and particularly those that address special status species. The Dischargers are
expected to work diligently and in good faith with the appropriate agencies to obtain any
approvals necessary to complete maintenance activities for treatment controls. If the Dischargers
have done so, when necessary and where maintenance approvals are not granted by the agencies,
the Dischargers shall be considered by the Board to be in compliance with Provision C.3.e of the
Permit.
Applicable Federal, State, and Regional Regulations
17.Pursuant to 40 CFR Sections 124.5.c.2 and 122.62, only those conditions to be modified by this
amendment shall be reopened with this amendment. All other aspects of the existing Permit shall
remain in effect and are not subject to modification by this amendment.
18.Provision C. 11. of the existing Permit anticipated that amendments, revisions and modifications to
the Management Plan and existing Permit would be necessary from time to time, and provided
direction that changes requiring major revision of the Management Plan shall be brought before
the Board as permit amendments. This Order is consistent with Provision C. 11. of the existing
Permit.
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Page 4
19.This action to modify an NPDES permit is exempt from the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources Code, Chapter 3, Section 21100,
et.seq.) in accordance with Section 13389 of the California Water Code.
Notification to Dischargers and Interested Parties
20.The Dischargers and interested agencies and persons have been notified of the Board’s intent to
modify waste discharge requirements for the existing discharge and have been provided
opportunities for public meetings and to submit their written views and recommendations.
IT IS HEREBY ORDERED that the Dischargers, in order to meet the provisions contained in
Division 7 of the California Water Code and regulations adopted hereunder and the provisions of the
Clean Water Act as amended and regulations and guidelines adopted hereunder, shall comply with the
following revisions:
Provisions C.3.c. of Order 01-119 are hereby modified and amended as follows: additions to the
Provisions are displayed as underlined Bold type, and deletions of text are displayed as s~Ak-ee~
format:
C. Provisions
3.c.i.Group 1 Projects: Dischargers shall require Group 1 Projects to ~ implement
o...,.°+ ...... ,,...~1+~ ~’~ ~"+ ~l ~..1~.. ~.-~D~ appropriate source control and site design measures and
to design and implement stormwater treatment measures~ to reduce the discharge of
sto~water ~m...;~-pollutants to the maximum extent practicable.~.-v.~-~,.~-~-~ .... *~*~" ~
~Group 1 Projects consist of all public and private projects in the following
categories:
Commercial, industrial, or residential developments that create one acre (43,560 square
feet) or more of impervious surface, including roof area, streets, and sidewalks. This
category includes any development of any type on public or private land, which falls
under the planning and building authority of the Dischargers, where one acre or more
of new impervious surface, collectively over the entire project site, will be created.
Construction of one sinl~le-famii¥ home~ which is not part of a lar~er common
plan of development~ with the incorporation of appropriate pollutant source
control and design measures~ and using landscal~in~ to al~l~rol~riately treat runoff
from roof and house-associated impervious surfaces (e.g. runoff from roofs~
patios~ driveways~ sidewalks~ and similar surfaces)~ would be in substantial
compliance with Provision C.3.
2.Streets, road, highways, and freeways that are under the Dischargers’ jurisdiction and
that create one acre (43,560 square feet) or more of new impervious surface. This
-- Order R2-2005-0035 --
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3.c.ii.
category includes any newly constructed paved surface used primarily for the
transportation of automobiles, trucks, motorcycles, and other motorized vehicles.
Excluded from this category are sidewalks, bicycle lanes, trails, bridge
accessories, guardrails, and landscape features.
Significant Redevelopment projects. This category is defined as a project on a
previously developed site that results in addition or replacement, which combined total
43,560 ft2 or more of impervious surface on such an already developed site
("Significant Redevelopment"). Where a Significant Redevelopment project results in
an increase of, or replacement of, more than fifty percent of the impervious surface of a
previously existing development, and the existing development was not subject to
stormwater treatment measures, the entire project must be included in the treatment
measure design. Conversely, where a Significant Redevelopment project results in an
increase of, or replacement of, less than fifty percent of the impervious surface of a
previously existing development, and the existing development was not subject to
stormwater treatment measures, only that affected portion must be included in
treatment measure design. Excluded from this category are interior remodels and
ti mainte or repai ;.,~.1,,~ .....~- ....÷o,.; ......w~,.~ eplarou ne nance r, ..........~, ......................r cement o~A
r-epavi~. Excluded routine maintenance and repair includes roof or exterior
surface replacement, pavement resurfaeing, repaying and road pavement
structural section rehabilitation within the existing footprint, and any other
reconstruction work within a public street or road right-of-way where both sides
of that right-of-way are developed.
Group 2 Projects: Group 2 Proiects will be divided into two subgroups: Group
2A and 2B.
Group 2A Implementation
The Group 2A_. Project definition is in all ways the same as the Group 1 Project
definition above, except that the size threshold of impervious area for new and
Significant Redevelopment projects is reduced from one acre (43,560 ft~-) to g000
10,000 square feet and the proiect is one of the following land use categories:
Gas stations;
Auto wrecking yards;
Loading docks and surface parking lots containing 10,000 square feet or more
of impervious surface area; and
Vehicle or equipment maintenance areas (including washing and repair),
outdoor handling or storage of waste or hazardous materials, outdoor
manufacturing area(s), outdoor food handling or processing, outdoor animal
care~ outdoor horticultural activities, and various other industrial and
commercial uses where potential pollutant loading cannot be satisfactorily
-- Order R2-2005-0035 --
Page 6
mitigated through other post-construction source control and site design
practices.
Dischargers shall implement Provision C.3.d. with respect to Group 2A proiects
as soon as the Dischargers can adopt implementing ordinances~ policies and/or
guidance and~ in any event~ by no later than 3 months from the date of adoption of
this Order.
Group 2B Implementation
Unless the Board otherwise approves an alternative Group 2 Project definition
pursuant to the items listed below~ the Group 2B Project definition will in all ways
become the same as the Group 1 Project definition above (except with respect to
implementation of Provision C.3.f.)~ but the size threshold of impervious area for
new and Significant Redevelopment proiects will be reduced from one acre
(43~450 ft2) to 10~000 square feet.
1. The Board intends to require in the next reissuance of the Dischargers’ permit
that the Dischargers shall implement Provision C.3.d. with respect to Group 2B
proiects by August 15~ 2006.
2. In the event that this permit is administratively extended until August 15~ 2006
or iater~ then the Dischargers shall implement Provision C.3.d. with respect to
Group 2B projects by August 15~ 2006.
3. If the Board adopts a regional municipal stormwater permit that includes a
different deadline for implementation of Group 2B pr0]ects or a different
definition of Group 2 Projects~ then that deadline and/or definition shall
supersede those implementation dates and/or definitions set forth above.
C.3.iii.Alternative Proiect Proposal: The Program and/or any Discharger may propose,
for approval by the Regional Board, an Alternative Group 2 Project definition, with
the goal that any such alternative definition aim to ensure that the maximum
created impervious surface area is treated for the minimum number of projects
subject to Discharger review. Any such proposal shall contain supporting
information about the Dischargers’ development patterns, and ..~.11,.÷.,~.
............... ~ sizes and numbers of proposed proiects for several years~ that
demonstrates that the proposed definition ; ........~’1~ ;" ’~"*;....... v .......................to would be
substantially as effective as the Group 2 Project definition (i.e., that a
...................... ~. in Provision C.3.c.ii. Proposals may include differentiating
projects subiect to the Alternative Group 2 Proiect definition by land use~ by
focusing solely on the techniques recommended by "Start at the Source" for
documented low pollutant loading land uses~ and/or by optimum use of landscape
areas required by Dischargers under existing codes as treatment measures.
-- Order R2-2005-0035 --
Page 7
ro osa s
may be submitted anytime, with the understanding that the Group 2 Pro.icet
definition, as described in Provision C.3.e.ii, will be upheld as the default in the
absence of an approved Alternative Group 2 Proiect definition.
Provisions C.3.f. of Order 01-119 are hereby modified and amended as follows: additions to the
Provisions are displayed as underlined Bold O/pe, and deletions of text are displayed as strik-eam
format.
C.3.f.
No later than 3 months after the date of adoption of this Order, t:Fhe
Dischargers shall manage increases in peak runoff flow and increased runoff
volume, for all Group 1 Projects, where such increased flow and/or volume is likely
to cause increased erosion of creek beds and banks, silt pollutant generation, or
other impacts to beneficial uses. Such management shall be through
implementation of the key provisions of the a Hydromodification Management
Plan (HMP) Final Report2 as set forth in Attachment A of this Order and
which are hereby incorporated into this Permit. The HMP,÷~ ~ ~.:..~1 E~ar~, ~4-14shall be implemented so that post-project runoff shall not
exceed estimated pre-project rates and/or durations, where the increased stormwater
discharge rates and/or durations will result in increased potential for erosion or
other significant adverse impacts to beneficial uses, attributable to changes in the
amount and timing of runoff. The term duration in this sec-t4on Provision is
defined as the period that flows are above a threshold that causes significant
sediment transport and may cause excessive erosion damage to creeks and streams.
I, Bruce H. Wolfe, Executive Officer, do hereby certify that the foregoing is a full, true, and
correct copy of an order adopted by the California Regional Water Quality Control Board, San
Francisco Bay Region, on July 20, 2005.
Bruce H. Wolfe
Executive Officer
Attachment A: Key Provisions of the HMP Report
Attachment B: Figure 1o Key Provisions of the HMP Report, Areas of Applicability
? Hydromodification Management Plan Report, Final Report, Santa Clara Valley Urban RunoffPollution Prevention
Program, April 21, 2005.
-- Order R2-2005-0035 --
Page 8
ATTACHMENT C
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
Stormwater Pollution Control Requirements
What Developers, Builders and Project Applicants Need to Know
It’s Federal Law
Urban stormwater runoff is a significant source
of pollution to the nation’s waters. In 1987
Congress began to address this problem by
requiring municipalities with storm drain
systems to obtain National Pollutant Discharge
Elimination System (NPDES) permits. This
resulted in local requirements for control of
runoff from development projects.
The Countywide Urban Runoff Program
In the Santa Clara Valley, development projects
must comply with the NPDES permit issued to the
Santa Clara Valley Urban Runoff Pollution
Prevention Program (SCVURPPP) by the Regional
Water Quality Control Board and its amendments.
SCVURPPP is an association of 13 cities in Santa
Clara Valley, Santa Clara County, and the Santa
Clara Valley Water District that share these permit
requirements.
Summary of Requirements
Local agencies are required to address protection
of stormwater quality during development
review. The following requirements apply to all
projects regardless of size, as appropriate:
¯Construction-phase best management
practices (BMPs).
¯Post-construction site design measures to
maximize infiltration in pervious areas.
¯Post-construction source control measures to
help keep pollutants out of stormwater.
The requirements listed below apply to certain
projects based on project size and/or location:
¯ Post-construction stormwater treatment
measures are required for most projects that
create or replace 10,000 square feet or more
of impervious surface.
¯Post-construction stormwater quantity (flow
peak, volume and duration) controls are
required for projects in certain locations that
create or replace 1 acre or more of impervious
surface, in accordance with SCVURPPP’s
Hydromodification Management Plan (HMP).
Site Design for Water Quality
Some of the many ways to reduce water quality
impacts through site design include:
¯Reduce impervious surface area;
¯Drain rooftop downspouts to lawns or other
landscaping; and
¯Use landscaping as a storm drainage and
treatment feature for paved surfaces.
Parking lot runoff drains to a detention basin in Palo Alto.
What is Source Control?
Source control is all about keeping potential
pollutants away from stormwater. Some source
control measures include:
¯Roofs over trash enclosures and loading docks;
¯Sanitary sewer drains in covered parking
structures and vehicle washing areas; and
¯Indoor wash racks for mats and equipment.
What’s Required During Construction?
Many contractors are familiar with BMPs that
are required at project sites, including:
¯ Prepare and implement sediment and
erosion control plans;
¯Control exposed soil by stabilizing slopes; and
¯Control sediment in runoff using sand bag
barriers or straw wattles.
Projects that disturb one acre or more of land are
subject to an NPDES General Construction
Activity Permit and must submit a Notice of
Intent to the State Water Resources Control Board.
Updated December 5, 2005
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
Stormwater Treatment Measures
Stormwater treatment measures are facilities
designed to remove pollutants from stormwater
before it reaches the storm drain system, creeks
and the Bay. Examples include:
¯Vegetated swales,
¯Detention basins, and
¯Detention and infiltration areas in
landscaping.
Treatment measures must be hydraulically sized
to treat a specified amount of runoff. And they
need ongoing maintenance to continue working
properly. During development review,
applicants must identify and record the
responsible party and funding mechanism for
long-term maintenance and assure access to the
treatment system to verify maintenance.
Stormwater Quantity Controls
Creek beds and banks can become damaged
when the rate and volume of runoff increase, as
often occurs when land is developed. In the
past, these increases in runoffhave caused
excessive erosion, sedimentation, and
destruction &habitat. To help prevent this,
SCVURPPP has prepared a Hydromodification
Management Plan (HMP), which identifies areas
susceptible to development-induced erosion. In
these areas, projects that create one acre or more
of impervious surface are required to retain,
detain or infiltrate runoffto match pre-project
flows and durations. In some cases, projects
may be allowed to meet the HMP requirements
by helping fund in-stream or regional solutions.
Turf block fire access road, Santa Clara
Projects that May Be Exempt1
¯One single family home that includes
appropriate stormwater control measures.
¯Sidewalks, bicycle lanes, trails, bridge
accessories, guardrails, and landscape
features that are part of street, road,
highway, and freeway projects under the
Dischargers’ jurisdiction. These are not
exempt in commercial, industrial, or
residential developments.
¯Interior remodels and routine maintenance
or repair, and any other reconstruction work
within a public street or road right-of-way
are excluded.
Resources on the Web
The following resources provide useful
information for selecting and incorporating
stormwater controls in development projects.
C.3 Stormwater Handbook, SCVURPPP, 2004.
http:iiwww.eoainc.com,,’c3 handbook final may2004/
Developments Protecting Water Quafity: A
Guidebook of Site Design Examples,
SCVURPPP, 2004. http:iiwww.scvurppp-
w2k.com/permit c3 docsiSCVURPPP Site Design Manu
Hydromodification Management Plan - Final
Report, SCVURPPP, April 2005.
htlp:/iwww.eoainc.comihmp final draft
Stormwater BMP Handbook - New
Development and Redevelopment, California
Stormwater Quality Association, 2003.
http:,.’Twww.cabmphandbooks.oraiDevelopment.asp
Contacts for More Information:
¯Your local stormwater program - links
available at: http:iiwww.scvurppp-
w2k.com/Copennittee.htm
¯SCVURPPP, at (408) 720-8833, or
http:i!www.scvurppp.org
¯San Francisco Bay Regional Water Quality
Control Board at (510) 622-2300. Ask for
staff responsible for Santa Clara Valley
stormwater program.
SCVURPPP would like to thank the Alameda Countywide Clean Water Program and the Regional Water Quality Control Board
.for development of the original design and content of this document.
1See permit Provision C.3 for details of Group 1 and 2 definitions and exemptions.
Updated December 5, 2005