Municipal Stormwater Regional NPDES Permit Overview of Requirements in Draft Tentative Order

1. Municipal Stormwater Regional NPDES PermitOverview of Requirements in Draft Tentative Order May 28, 2008

2. Presentation Overview • Little MRP Background • Brief Summary of BASMAA concerns • Highlight several key POTW and stormwater overlap issues • Some Bay Area Observations re. Pump stations and Diversions • BASMAA’s Suggested Approach • Next Steps

3. Municipal Regional Permit • Draft Tentative Order (Dec 4, 2007) • Consolidates 6 Phase 1 municipal stormwater permits into one regional Bay Area permit (77 permittees) • Developed to ensure consistent level of implementation and reporting • First Hearing held March 2008 (over 120 individuals provided testimony)

4. Municipal Regional Permit • Remains BMP-based approach and includes continuous improvement requirements (C.1) • Extremely prescriptive (100 pgs) • Required use of reporting format (100+pgs) • Incorporation of TMDL/Pollutant of Concern Requirements

5. Key Permit Provisions – Enhanced • C1 – Water Quality Standards Exceedances • C2 – Municipal Maintenance • C3 – New Development and Redevelopment • C4 – Industrial and Commercial Discharge • C5 – Illicit Discharge Detection and Elimination • C6 – Construction Inspection • C7- Public Information and Outreach • C8 – Water Quality Monitoring • C9 – Pesticide Toxicity Control • C13 – Copper Control • C15 - Exempted and Conditionally Exempted Discharges • General - Reporting

6. Key Permit Provisions -New Provisions • C10 – Trash Reduction • C11 – Mercury Load Reduction/Controls • C12 – PCBs Controls • C14 – PBDE and Legacy Pesticides

7. C.2 - Municipal Operations • Street Sweeping • Street and Road Repair • Sidewalk/Plaza Maintenance • Bridge and Structure Maintenance • Catch Basin Cleaning/Inspection • Rural Public Works Construction and Maintenance • Corp Yard BMP Implementation • Pump Stations Controls

8. C.11 & 12 – Mercury and PCBs Controls • Collection and Recycling of Devices • Promotion and facilitation of existing programs • In concert with PCBs, Pilot Projects to: • Investigate and AbateOn-land Mercury Sources • Evaluate and Enhance Sediment Removal via Municipal Operations • Evaluate On-site Treatment via Retrofit • Assess feasibility of diverting flows to POTWs from pump stations and implement diversions at 5 pilot pump stations

9. C.11 – Mercury Controls • Monitor/Estimate Loads Reduced • Conduct Fate and Transport Study • Develop Risk Reduction Program

10. C.13 – Copper Controls • Cleaning/Treating Copper Architectural Features (roofs) during construction and post-construction • Manage discharges from pools, spas and fountains that contain copper-based chemicals • Require pools and spas to discharge to POTW • Vehicle Brake Pads - Support Brake Pad Partnership • Industrial Sources

11. Summary of Most Significant Issues/Concerns Re: MRP • Lacks a prioritization of goals and phasing • Increases prescriptiveness and reduces flexibility • Enhanced requirements not necessarily linked to water quality improvements • Adds considerable increases in monitoring, data management, and reporting • Raises the prospect of numeric limits for which municipalities may be held accountable regardless of control • Significant cost increase to municipalities

12. Bay Area Observations: What do we know and where do we go? • Mercury Management • CEP 2003 investigation of feasibility of reducing urban runoff loads via POTWs – Findings: • Need plant specific analysis of dry and wet weather hydraulic capacity, solids loading, future capacity needs, plant performance, location relative to high sources, and funding mechanisms. • Discrete targeted improvements may be more feasible than a broad based diversion approach

13. Bay Area Observations • Mercury Management (CEP 2003) • Preliminary Ettie Pump Street Diversion – • Est. dry weather diversion – 0.1 lb/yr Mercury • Est. dry and first flush diversion – 1 lb/yr Mercury • Est. dry weather diversion – 0.4 lb/yr PCBs • Est. capital cost and O&M - $13M and $1M/yr. • Zone 4 Line A – (RMP) • Hayward small tributary loading

14. Bay Area Observations • First Flush Investigation – (San Jose 2000) • 8 storms, 4 samples collected at 25 stations • Organics and metals (total and dissolved) • Generally no consistent storm size and first flush relationship • Total mercury slightly elevated over background • Some combinations of dissolved metals, storm size and catchment size showed a slight first flush relationship • No strong relationship between land use and first flush metals

15. Bay Area Observations • Mercury Special Study (Sunnyvale 2007) • Characterize mercury in “first flush” and dry weather flows in storm sewer system and evaluate options for control of mercury using the POTW diversions • Dry weather runoff (0.0023ug/L) results in an estimated 0.9 grams/yr (0.43 mgd for 8 mos.) • First Flush (0.026 ug/L) results in an est. 3.2 grams/yr (12 events). • Technically feasible given uncertainty • Est. $30,000 to $60,000 per gram Hg removed • Ponds remove 6.4 grams/yr from rainfall • Should evaluate current I/I loads reduced as well as interagency, cost and permit credit topics

16. BASMAA Pump Station/Storm Sewer Diversion Observations • Goal: • Focus on identified water quality problem • Practical, understandable, within control and jurisdiction of MS4 • Allow flexibility to cost-effectively address water quality problem • Suggested Approach • Collaborate with BACWA to develop a workplan • Inventory pump stations and characterize operations • Characterize the nature and extent of potential the water quality problems – emphasis on source control • Identify criteria to evaluate potential solutions • Conduct feasibility assessments • Conduct pilot studies (integrate required permit pilot studies) • Develop guidance to prioritize and implement solutions • Develop standard reporting format for O&M

17. Next Steps • POTW & Stormwater Collaboration • Water Board Staff Currently Preparing Responses to Comments • Water Board Staff Meetings with Stakeholders – Summer 2008 • Revised TO – Late Summer/Fall 2008 • Adoption of MRP in Fall/Winter 2008 ?