ITEM 6-D
Council Meeting: June 16, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Authorize the City Manager to
Negotiate and Execute the National Pollutant Discharge
Elimination System (NPDES) Municipal Stormwater Permit
Implementation Agreement
Introduction
This report requests that City Council authorize the City Manager
to negotiate and execute an Implementation Agreement with the
County of Los Angeles for the National Pollutant Discharge
Elimination System (NPDES).
Background
In 1987, amendments to the United States Clean Water Act called
for metropolitan areas to apply for municipal stormwater permits
from the U.S. Environmental Protection Agency under the National
Pollutant Discharge Elimination System (NPDES) program. The
objective of the program is to reduce surface water pollution
(oceans, lakes, rivers) which is caused by water runoff from
streets, landscaped areas, parking lots, etc.
In 1989, the City joined eighteen other cities as co-permittees
with the County of Los Angeles and proposed an early NPDES permit
program. The implementation of this program would allow the City
to legally operate the storm drain system that discharges to the
ocean. The Permit program resulted in the adoption of
guidelines prior to the federal regulations taking effect in late
1990.
During the first year of the five year permit, ten tasks were to
be completed. One of these tasks was the adoption of an
Implementation Agreement defining the responsibilities and
relationships of the agencies and entities participating under
the NPDES Stormwater Permit. The County of Los Angeles drafted
the Implementation Agreement and is required to report on its
adoption by local agencies in its next progress report to the
Environmental Protection Agency which will describe program
status as of June 30, 1992. The Agreement has been extensively
reviewed by staff of the General Services Department, the City
Attorney's Office and other co-permittee agencies within the
Santa Monica Bay Region. L.A. County and the Regional Water
Quality Control Board expect all co-permittees to execute and
participate under the Agreement.
Listed below are the annual tasks which are required under the
NPDES permit with a brief status update, where applicable.
Except for those tasks identified as the County being the lead
agency, the City is responsible for task completion as it relates
to facilities owned by the City within our jurisdictional
boundaries.
First Year Requirements -- July, 1990 to June, 1991
1. Identify each storm drain line and drainage area.
2. Submit existing data (if any) on chemical contamination of
the stormwater.
3. Tabulate all business facilities within the City.
4. Submit all existing data on rainfall to the County.
5. List existing City procedures to detect illegal discharges
into the storm drains.
6. List existing City practices to control construction site
runoff.
7. List existing City practices that assist in controlling
pollutants.
8. Plan for implementing "early action" Best Management
Practices for controlling pollutants.
9. Develop a Pollutant Monitoring Program (County is lead
agency).
10. Document authority to operate runoff quality
programs,regulate illegal discharges, and prosecute
violators (County is lead agency).
Items 1-8 were developed by City Staff and were completed by the
deadline. Item 9 was developed by the County as the lead agency,
and is awaiting approval by the Los Angeles Regional Water
Quality Control Board (LARWQCB). Los Angeles County was also the
lead agency on the preparation of Item 10 which is the
Implementation Agreement and is the subject of this staff report.
The County did not complete it in the first year of the program
due to the large number of tasks slated for that year, the
complexity of the agreement, and the difficulty with
incorporating the nineteen co-permittees' comments.
Second Year Requirements -- July, 1991 to June, 1992
1. Implement the Pollutant Monitoring Program specified by
Task 9 of Year 1 (County is lead agency).
2. Develop a plan with schedule of implementation for
additional Best Management Practices.
3. Furnish evidence of satisfactory progress in implementing
"early action" Best Management Practices for controlling
pollutants.
4. Demonstrate evidence of regulation of illegal discharges
and illicit disposal practices to drainage facilities and
prosecution of violators.
Task 1 is awaiting LARWQCB approval and is being coordinated by
Los Angeles County. Tasks 2, 3 and 4 are in progress and will be
completed by the June 30, 1992 deadline.
Third Year Requirements -- July, 1992 to June, 1993
1. Demonstrate progress in implementation of the "early
action" and additional Best Management Practices.
2. Demonstrate evidence of progress in implementing procedures
to detect and eliminate illegal discharges and eliminate
illicit disposal practices.
3. Demonstrate progress in implementing measures to control
pollutants in surface runoff from construction sites.
During the fourth (FY 1993-94) and fifth (FY 1994-95) years of
the Permit, the City's objective is to continue with programs
implemented during the first three years. Six months prior to
expiration of the permit, June 18, 1995, a Report of Waste
Discharge will be filed with the LARWQCB as an application for
reissuance of the Santa Monica waste discharge permit. This
report will include the following elements.
o Summary of the results of the monitoring program (County is
the lead agency).
o Summary of Best Management Practices implemented and
evaluations of their effectiveness.
o Summary of procedures implemented to detect illegal
discharges and illicit disposal practices and an evaluation
of their effectiveness.
o Summary of measures implemented to control pollutants in
surface runoff from construction sites and an evaluation of
their effectiveness.
o Evaluation of the need for additional pollutant control
measures.
o Proposed plan of stormwater/urban runoff quality management
activities that will be undertaken during the term of the
next permit (County is the lead agency).
Budget/Financial Impact
Currently, the City undertakes several practices which assist in
the prevention of stormwater pollution and thus provide partial
compliance with the Permit. These include such items as catch
basin cleaning, street sweeping, recycling, hazardous waste
disposal, landscape maintenance and sidewalk cleaning. The funds
for this work are included in the FY 1992-93 Fiscal Year budget.
Further compliance with the City's NPDES Permit will entail
additional costs to the City in order to implement and administer
the City of Santa Monica's portion of the Permit. The LARWQCB is
currently reviewing our practices and will determine if
additional measures are required. To date, no federal funds have
been made available to assist local agencies in their compliance
with the permit requirements. Agencies that do not participate
in the Implementation Agreement could be liable to fines and
legal costs levied by the LARWQCB.
Recommendation
It is recommended that the City Council:
Authorize the City Manager to negotiate and execute the National
Pollutant Discharge Elimination System (NPDES) Municipal
Stormwater Permit Implementation Agreement.
Prepared by: Stanley E. Scholl, Director of General Services
John Mundy, Utilities Manager
Tony Antich, City Engineer
Craig Perkins, Environmental Services Manager