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01-12-2010 CC Rpt A14 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: January 17anln RECEIVED "" '"' -��.'�•:� Public Hearing: 0 2010 JAN -5 PM 3: 59 Discussion Item: 0 31r5 Consent Item: ❑ OFFICE OF Coi"Y CLERK CHINO HILLS DATE: January 5, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: NPDES STORMWATER PERMIT FOR SAN BERNARDINO COUNTY LETTER OF CONCERN RECOMMENDATION: Authorize the Mayor to sign a letter to the Chair of the Santa Ana Regional Water Quality Control Board outlining the City's concerns on several components of the Draft NPDES Stormwater Permit. BACKGROUND/ANALYSIS: As a Co-Permittee of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit for San Bernardino County governed by the Santa Ana Regional Water Quality Control Board (SARWQCB), the City of Chino Hills supports the Board's objectives to protect water quality. The County of San Bernardino Flood Control District is the Principal Permittee for the San Bernardino County NPDES Stormwater Permit and assumes the responsibility of developing and organizing the various compliance programs that are common to Co-Permitees. As the Principal Permitee the County Flood Control District has coordinated negotiations with the SARWQCB staff regarding technical changes and compromises in permit provisions. While progress has been made in permit negotiations, the number and complexity of new permit requirements raises serious concerns as to whether San Bernardino County cities can allocate sufficient resources to comply with the new requirements. The permit includes significant program changes to the water quality monitoring program, new land development requirements, and an aggressive compliance timeline that has a significant impact on permit implementation. In addition to the negotiations led by the County of San Bernardino Flood Control District, San Bernardino Associated Governments (SANBAG) has issued a letter of concern regarding new requirements in the draft Permit to the Board. SANBAG is also requesting member agencies to join in a County-wide effort to express a unified opposition to the over-reaching requirements contained in the new permit. The SANBAG coordinated NPDES effort is expected to be on the agenda for a meeting in early January 2010. 6j1,1 AGENDA DATE: January 12, 2010 PAGE 2 SUBJECT: NPDES STORMWATER PERMIT FOR SAN BERNARDINO COUNTY The next SARWQCB public hearing is scheduled for January 29, 2010. City staff recommends submitting a letter to the Chair of SARWQCB from the Mayor expressing our concerns regarding new requirements in the draft San Bernardino County Municipal NPDES Permit prior to this meeting. Staff also recommends participating in the SANBAG effort, which is expected to include participation in the SARWQCB public hearing. FISCAL IMPACT: Chino Hills participates in the San Bernardino Area Wide NPDES program. The County of San Bernardino is the Principal Permittee, and assumes the responsibility of developing and organizing the various compliance programs that are common to all 17 participating Co-Permitees. The total cost for the Area Wide Program for Fiscal Year 2009/10 is $1,475,000. Chino Hills' share was $81,000 for Fiscal Year 2009/10. If the draft Permit is adopted without modification, program costs to Cities within the Consortium are estimated to increase $640,000. Based on the 2009/10 formula for calculating Chino Hills' share of Consortium costs, staff estimates the Chino Hills share to increase $35,000 for Fiscal Year 2010/11. In addition to an increase in the NPDES area-wide program costs, the City of Chino Hills will be faced with the responsibility to fund, implement, and enforce extensive new permit requirements. Based on some preliminary permit adoption scenarios developed by a sub-committee of the San Bernardino County area-wide program, staff conservatively estimates a 30% increase in Chino Hills' personnel and overhead costs. REVIEWED BY OTHERS: This item has been reviewed by the Finance Director. Respectfully submitted, Recommendeo my: iv Michael S. Fleager, J:nathan Marshall ' City Manager ' ommunity Services Director MSF:JM:bm:cfc Attachment: Chino Hills letter of concern to Chair of the Santa Ana Regional Water Quality Control Board on NPDES Stormwater Permit DRAFT January 12, 2010 Ms. Carole H. Beswick and Members of the Board Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501-3348 Subject: NPDES Stormwater Permit for San Bernardino County Tentative Order No. R8- 2009-0036 Dear Chair Beswick and Members of the Board: As a Co-permittee of the NPDES Stormwater Permit for San Bernardino County, the City of Chino Hills supports the Board's objectives to protect water quality. However, our City is concerned with several major issues included in the proposed permit. Consistent with comments provided to the Regional Board by the Board of Supervisors for the County of San Bernardino, San Bernardino Associated Governments (SANBAG), San Bernardino County Stormwater Program, and other Co- Permittees, the City of Chino Hills feels that the Board should address these permit issues prior to the adoption of the Permit. Sianificant Cost Increases The implementation cost of the NPDES program under the proposed permit will increase significantly as a result of several new requirements. The new Permit contains an aggressive timeline that requires Permitees to implement several new programs with increased inspection and enforcement responsibilities. The San Bernardino County NPDES Area Wide Program estimates that Permitees will see their cost share of the program increase by at least 35% in the first year of the new permit. Local implementation cost increases will likely equal or exceed the participation cost for the Area Wide Program. As this Permit is being adopted during a severe economic downturn, the impacts of increased costs are magnified. The City respectfully requests that the Board not adopt this Permit until the Permittees and Regional Board staff have adequate time to assess the costs and benefits of the proposed permit requirements and implementation timeline. Numeric Water Quality Compliance Standards Previous permits required a Best Management Practice (BMP) approach to protect water quality. The proposed permit will establish Numeric Effluent Limits (NEL)for water quality compliance. We urge the Board to maintain the BMP approach to achieving water quality standards. We strongly NPDES Stormwater Permit for San Bernardino County Tentative Order No. R8-2009-0036 January 12, 2010 Page 2 recommend that the Board not introduce Numeric Effluent Limits into this Permit as an enforcement mechanism. We refer to the County of San Bernardino's exhaustive presentation on the subject. Numeric Effluent Limits unnecessarily exposes City NPDES programs to mandatory financial penalties and removes much of the constructive incentive for compliance. Land Development Requirements The proposed permit requires all new development and significant redevelopment projects to implement the Low Impact Development(LID) approach. As a result, development projects are required to retain, infiltrate, and reuse the design stormwater runoff, including all public road construction and widening projects, unless it is infeasible.This requirement is beyond LID implementation and will become an impediment to projects approval and urban growth. The City recommends that biofiltration and biotreatment LID BMPs be expressly allowed to meet the volume capture standard without performing a feasibility analysis. In addition, economic feasibility should be considered as well as technical feasibility when considering the feasibility of implementing LID best practices and permit language added to reflect this omission. We appreciate the opportunity to offer our comments on the draft Permit and would urge the Board to consider our comments in the adoption of the Permit. Sincerely, CITY OF CHINO HILLS W. C. "BILL" KRUGER MAYOR