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CC - Item 8B - Water Quality/National Pollutant Discharge Elimination System (NPDES) Program Overviewr ■ A' CITY COUNCIE STAFF REP0 t .. TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 28, 2011 SUBJECT: WATER QUALITY /NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM OVERVIEW SUMMARY Several segments of the Los Angeles River (LA River) and its tributaries were identified as impaired water bodies per §303(d) of the federal Clean Water Act. As such, the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the Los Angeles Regional Water Quality Control Board (Regional Board) were directed to prepare clean up plans — called Total Maximum Daily Loads (TMDLs) — for affected waters. TMDLs attempt to eliminate water quality impairments within a certain amount of time. These TMDLs contain requirements for studies, monitoring and the development of programs to attain TMDL contaminant reduction targets over multi -year periods and are incorporated into the National NPDES Municipal Separate Storm Sewer System (MS4) Permit. TMDLs are anticipated to be quite costly to implement, and could have significant potential impacts on the City's financial resources. Since 1991, . the City of Rosemead has participated as co- permitees with Los Angeles County and 84 cities under the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. Since that time, the City has actively participated with cities in the region to adopt practices to address water quality issues. Most recently, the City has developed plans to install inserts and connector pipe screens on catch basins to prevent trash and other pollutants from entering local waters. Staff Recommendation It is recommended that the City Council receive and file this report and provide input on further work efforts related to water quality projects in the City. DISCUSSION Background In order to understand the NPDES MS4 Permit and current storm water issues facing cities, it is important to review the history of clean water activities. Some key dates and APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting June 28, 2011 Page 2 of 4 events include the following: • Initial MS4 Permit — 1991 o Permit issued to LA County and 84 cities (including Rosemead) 0 5 year permit period duration o Contained 13 Best Management Practices to address water quality issues • MS4 Permit Renewal — 1996 o Required the County /Cities to develop a storm water management plan (SWMP) for LA County o Implementation of SWMP activities 0 5 year permit period duration • Clean Water Act Lawsuit — 1999 • The National Resources Defense Council sued the USEPA over a little understood provision of the Clean Water Act known as Total Maximum Daily Loads (TMDLs) • Required the EPA to establish maximum daily levels of pollutants that could be discharged to a waterway • Settlement called for the EPA to prepare 135 TMDLs within California by 2011 • Set in motion costly clean water activities causing the cost of NPDES program to skyrocket • MS4 Permit Renewal - 2001 • Permit remained largely unchanged from previous permit • Required commercial /industrial businesses to improve operations by implementing activities to reduce pollutant discharges • Implementation of TMDLs • New Permit - 2011/12 • Expected implementation of new permit in mid 2012 • Possible implementation of individual permits for cities instead of cooperative approach • Continued Implementation of TMDLs City Activities Related to TMDLs While Rosemead is not directly adjacent to the LA River, we are adjacent to other water bodies that flow into it (including the Rio Hondo River and Alhambra Wash). Because the LA River's impairments involve pollutants from throughout the watershed, the duty to adhere to the TMDLs applies to many agencies like us that are within the watershed. In accordance with mandated activities, the City has continued its participation in efforts related to the MS4 Permit and implementation of TMDLs. Each year, the City (assisted City Council Meeting June 28, 2011 Paoe 3 of 4 by Elroy Kiepke with Willdan Engineering), completes an annual report of water quality efforts. This includes participation in stakeholder meetings, funding contributions to public outreach efforts led by LA County, and funding contributions towards required TMDL activities. The City currently budgets $50,000 annually to complete these activities (membership dues for the Coalition for Practical Regulation, preparation of MS4 Annual Report, staff training for City employees, MS4 permit costs, and expert consultant assistance). Over the foreseeable future, the City will be faced with ever increasing mandates related to TMDL and water quality efforts. A brief summary includes the following: • Trash TMDL Implementation • By 2016, cities must install capture devices to eliminate trash discharges to water sources. • City has developed a 6 year phased program to install inserts and connector pipe screens on 762 catch basins in the City • 15t Phase of program will begin in summer 2011 • Annual Cost (Construction): $50 -75K per year through 2016 ($500 per catch basin) • Annual Cost (Maintenance): $300K by 2016 ($400 per catch basin) • Metals TMDL Studies /Implementation • City is participating in a joint effort with 32 other cities to study metal discharges to water sources. • City will expend over $25K over the next 3 years to complete studies and monitoring on metal levels found in the LA River • By 2028, cities must fully comply with requirements to eliminate metal discharges to water sources. • Annual Cost (Studies): $15K per year for next 3 years • Annual Cost (Implementation): Not Known at this time • Bacteria TMDL Implementation • Not yet implemented — Regional Board expected to implement in summer 2012 • Will involve the interception of flow in storm drains and conveyance to treatment facilities • Potential Cost is estimated between $5 Million and $12 Million initially and $150K annually for treatment costs Given these mandated water quality activities and their potential financial impacts, the City will continue to advocate for cost - effective ways to address water quality. A brief presentation on these issues will be reviewed with the City Council and staff will continue to provide updates on water quality issues as they become available. City Council Meeting June 28, 2011 Page 4 of 4 FINANCIAL REVIEW There is currently $75,000 budgeted towards water quality, MS4, and TMDL issues. Additional funds are budgeted in the CIP budget for the installation of inserts and connector pipe screens on catch basins. For the foreseeable future, costs are anticipated to significantly increase for mandated water quality efforts. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Lucien J. Le Blanc, P. E. City Engineer Submitted By: Chris Marcarello Director of Public Works