13 Re-introduce and Waive the First Reading of Ordinance 625 Urban Water Quality Management and Authorize the City Manager to Certify that City of Livingston has Legal Authority to Comply with the Requirements of the California Water Resources Control Board’s Order No. 2013-0001-DWQ.

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STAFF REPORT

AGENDA ITEM: Re-introduce and Waive the First Reading of Ordinance 625 Urban Storm Water Quality Management and Authorize the City Manager to Certify that City of Livingston has Legal Authority to Comply with the Requirements of the California Water Resources Control Board’s Order No. 2013-0001-DWQ.

MEETING DATE: October 20, 2015

PREPARED BY: City Engineer

REVIEWED BY: Eddie Duque, City Manager

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RECOMMENDATION:

Staff recommends that the City Council:

1. Re-introduce and waive the first reading of Ordinance No. 625, amending the City’s Municipal Code with regulations against pollution of storm water runoff pursuant to the Federal Clean Water Act and California Porter-Cologne Act, establish procedures and penalties for violations of the ordinance.

2. Upon adoption of Ordinance No. 625, approve and authorize the City Manager to certify that the City of Livingston has legal authority to comply with the requirements of the California Water Resources Control Board’s Order No. 2013-0001-DWQ.

EXECUTIVE SUMMARY:

Ordinance No. 625 was originally introduced to the City Council on September 15, 2015. This ordinance was scheduled for adoption at a subsequent Council meeting. However, due to changes incorporated into the ordinance post first introduction, the attached Ordinance No. 625 is being re-introduced to amend the City’s Municipal Code with regulations against pollution of storm water runoff. In summary, these new changes include:

• Typographical fixes

• Correction to references

• Removed entire text of Section 9-12-10 New Development and Redevelopment

• Incorporated new regulations under Section 9-12-10 Development and Redevelopment Projects to address Site Design Measures, Source Control Measures, Low Impact Development standards, and baseline hydromodification management pursuant to the new MS4 Phase II Permit guidelines.

• Added prohibition of excess irrigation runoff

• Clarified abatement timeframes for cease and desist orders

The attached certification statement certifies that the City of Livingston has secured legal authority through Ordinance No. 625 to implement the storm water regulations mandated by the California Water

Resources Control Board as part of the MS4 Phase II Permit Compliance Program and pursuant to Order No. 2013-0001-DWQ.

BACKGROUND:

In 1977, the Clean Water Act was adopted to regulate water pollution of waters of the United States. The Clean Water Act was amended in 1987 to outlaw the discharge of pollutants to surface waters from all point sources including storm water runoff. These new regulations added that storm water discharges would require a permit. Under the Clean Water Act, EPA developed the National Pollution Discharge Elimination System (NPDES) Program to eliminate pollution discharges and set water quality standards on receiving waters. The NPDES Program administers the storm water discharge permit under the Code of Federal Regulations, Part 40 CFR 122.

In 1999, the U.S. Environmental Protection Agency issued regulations, known as Phase II, requiring permits for storm water discharges from Small MS4s and from construction sites disturbing between one and five acres of land.

To enforce the NPDES regulations, the California Water Resources Control Board (SWRCB) issues water quality orders for storm water discharges from Small Municipal Separate Storm Sewer Systems (MS4). In 2003, the SWRCB issued Order No. 2003-0005-DWQ to regulate the storm water runoff from the City of Livingston. Most recently, the SWRCB issued Order No. 2013-0001-DWQ in 2013 that sets forth new requirements for the City’s NPDES permit on detecting and eliminating pollution from storm water runoff.

DISCUSSION:

The City of Livingston owns, operates and maintains a storm drain system (or MS4) that collects and disposes of storm water runoff from construction sites and urban development sources such as streets, roof tops, landscaped areas, parking lots and industrial point discharges. The storm drain system consists of a network of pipes, manholes, catch basins, inlets and outlets. The storm system has discharge outlets or outfalls to the Merced Irrigation District (MID) water conveyance system and to city-owned storm water retention/detention basins.

As an MS4 operator, the City of Livingston is required to adopt an ordinance on urban storm water quality management to eliminate pollution from storm water runoff. This ordinance would prohibit the discharge of materials or substances other than storm water, except for authorized discharges (i.e. fire hydrant :flushing and pool dewatering), into the City’s storm drain system and establish a procedure for enforcement and sanctions against illicit discharges, construction activities violations and illegal connections that may pose a threat of pollutant discharges to receiving waters.

To be covered under the State-administered MS4 Phase II General Permit, the City of Livingston is required to prepare and submit, as part of the permit annual reports, a certification statement attesting it has secured legal authority to implement MS4 Phase II storm water regulations and identifies the City departments and personnel assigned to the storm water program.

FISCAL IMPACT:

There are no fiscal impacts associated with this item.

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ATTACHMENTS:

1. Ordinance No. 625

2. Certification Statement of Legal Authority

3. Ordinance No. 625 (PDF)

4. Ordinance No. 623

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