HomeMy WebLinkAbout03846 - RCFC WATER CONSERV NPDES IMPLE AGR R 19121 City Council Minutes
March 5, 2008
Page 7
2.G. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) STORMWATER DISCHARGE PERMIT IMPLEMENTATION
AGREEMENT:
ACTION: 1) Terminate Agreement No. A3846, approved September 3,
1997, 2) Terminate Agreement No. A4829, approved February 18, 2004;
C 3) Approve a Cooperative Agreement between the Riverside County Flood
�C7 Control and Water Conservation District (RCFC&WCD), the County of
Riverside (County), the Coachella Valley Water District (CVWD), and the
Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage
1 (Cities), for implementing the terms for compliance with the National
1L� Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit (NPDES Permit) issued by the
California Regional Water Quality Control Board - Colorado River Basin
Region (CRWQCB-CRB); and 4) Authorize the City Manager to execute
all necessary documents. A3846, A4829, and A5624. Approved as part
of the Consent Calendar.
2.1. AWARD OF CONTRACT FOR THE CIVIC DRIVE STREET
IrMPROVFMENTS PROJECT, CITY PROJECT NO. 07-10:
ACTION: 1) Approve an agreement with B & T Works, Inc, in the amount
of $93,860.00, for the Civic Drive Street Improvements Project, a Fiscal
Year 2007-08 CDBG Project, City Project No. 07-10; and 2) Authorize the
City Manager to execute all necessary documents. A5625. Approved as
part of the Consent Calendar.
2.J. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANTS IN AN
AMOUNT NOT TO EXCEED $4,000,000 TO IMPROVE / MODIFY /
REHAB TERMINAL COMPLEX AND IN AN AMOUNT NOT TO EXCEED
$6,000,000 TO REHABILITATE RUNWAY 13L-31R, TAXIWAY E AND
CROSS CONNECTORS B, D, F, H AND J:
ACTION: 1) Authorize the City Manager to accept Federal Aviation
Administration (FAA) Grant Nos. 3-06-0181-43 and 3-06-0181-44 in an
amount not to exceed $4,000,000 to improve / modify / rehab Terminal
Complex (multi-year grant) and in an amount not to exceed $6,000,000 to
rehabilitate Runway 13L-31 R, Taxiway E and Cross Connectors B, D, F, H
and J, 2) Adopt Resolution No. 22179, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2007-08;" and 3) Authorize the City
Manager to execute all necessary documents. A5626. Approved as part
of the Consent Calendar.
, 9 ,'i 7t,� ,I'�,N. nu` r e9uJ_1
Riverside Co lood Control :� ��� `'9 "' `�
Water DOnser4itOn D1St.rlct i-��' " ^J(
NPDES Implementation Aqr.
AGREEMENT #3846
R19121, 9-3-97
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1 --- — --- - AGREEMENT . .,, .�,,�;:�� �',•�,; .�¢ ,. ., w�CD >
2 National Pollutant Discharge ,Elimination SvsrPm
Stormwater Discharge Permit'
3 Implementation Agreement
(California Regional Water Quality Control Board -
4 Colorado River Basin Region)
5 This Agreement, entered into as of this 9J day
6 of 1997 by the RIVERSIDE COUNTY FLOOD
7 CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) , the COUNTY OF
8 RIVERSIDE (COUNTY) , the COACHELLA VALLEY WATER DISTRICT (CVWD) , and
9 the CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT
10 SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS
11 and RANCHO MIRAGE (CITIES) , establishes the responsibilities of
a
w 12 each party concerning compliance with the National Pollutant
g , 13 Discharge Elimination System (NPDES) Stormwater Discharge Permit
0 14 (NPDES Permit) issued by the California Regional Water Quality
U N
15 Control Board - Colorado River Basin pursuant to Order No. 96-015 .
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N qq 16 _RECITALS
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x 17 WHEREAS, Congress :in 1987 added Section 402 (p) to the Federal
18 Clean Water Act (CWA) (33 U. S .C. §1342 (p) ) ; and,
19 WHEREAS, Section 402 (p) of the CWA requires certain
20 municipalities, industrial facilities and persons conducting
21 certain construction activities to obtain NPDES Permits before
22 discharging stormwater into navigable waters; and,
23 WHEREAS, Section 402 (p) further requires the Federal
24 Environmental Protection Agency (EPA) to promulgate regulations for
25 NPDES Permit applications; and,
26 WHEREAS, EPA promulgated such regulations and adopted them in
27 November 1990 ; and,
28 WHEREAS, pursuant to the CWA, EPA has delegated authority to
1 3EP 9 1997
9, v
0
1 the California Regional Water Quality Control Board - Colorado
2 River Basin Region (CRWQCB-CRB) to administer the NPDES Permit
3 process within the boundaries 'of that region; and,
4 WHEREAS, RCFC&WCD and CVWD are authorized to provide for the
5 control of flood and stormwaters within their respective
6 jurisdictions and are empowered to investigate, examine, measure,
7 analyze, study and inspect (, matters pertaining to flood and
8 stormwaters; and,
9 WHEREAS, CRWQCB-CRB designated a portion of the Whitewater
10 River Watershed as an area that requires an NPDES Permit; and,
11 WHEREAS, RCFC&WCD, COUNTY,( CVWD and CITIES submitted an NPDES
12 Part I Application to CRWQCB-CRB on June 11, 1992, and submitted an
13 NPDES Part II application on May 17, 1994; and,
14 WHEREAS, CRWQCB-CRB issued an NPDES Permit to RCFC&WCD,
15 COUNTY, CVWD and CITIES on May 22, 1996 pursuant to Section 402 (p)
16 of the CWA; and,
17 WHEREAS, the NPDES Permit designates RCFC&WCD and COUNTY as
18 Principal Dischargers and RCFC&WCD, COUNTY, CVWD and CITIES as
19 Dischargers; and,
20 WHEREAS, RCFC&WCD, COUNTY, CVWD and CITIES are to perform
21 and/or execute certain activities and responsibilities prescribed
22 in the NPDES Permit; and,
23 WHEREAS, RCFC&WCD and COUNTY, as Principal Dischargers, are
24 willing to undertake certain �activities in order to facilitate
25 implementation of the NPDES Permit requirements; and,
26 WHEREAS, cooperation between RCFC&WCD, COUNTY, CVWD and CITIES
27 in the administration and implementation of the NPDES Permit and
28 resulting programs and action is in the best interest of all
2
1 parties .
2 NOW, THEREFORE, the parties hereto do mutually agree as
3 follows :
4 1 . NPDES Permit . A true and correct copy of the NPDES
5 Permit issued to RCFC&WCD, COUNTY, CVWD and CITIES by CRWQCB-CRB
6 pursuant to Order No. 96-015 is attached to this Agreement as
7 Exhibit A. The geographic scope of the NPDES Permit (NPDES Permit
8 area) is described in Finding No. 9 of the Permit and is shown on
9 Attachment A thereto.
10 2 . Incorooration of Federal and State Laws . All applicable
11 Federal and State laws and regulations in effect at the time of
12 issuance of the NPDES Permit, as then written, and as they may be
13 amended during the term of this Agreement, shall take precedence in
14 the event of a conflict with any provision of this Agreement .
15 3 . Delegation of Responsibilities . The responsibilities of
16 each of the parties shall be as follows :
17 A. Public Education Program. RCFC&WCD shall conduct
18 public education activities focused on reducing
19 non-point source pollution within the NPDES Permit
20 area . RCFC&WCD shall be reimbursed for its costs
21 by COUNTY, CVWD and the Cities of Cathedral City,
22 Coachella, Indian Wells, Indio, La Quinta, Palm
23 Desert, and Rancho Mirage in accordance with the
24 cost sharing provisions set forth in Section 4 . of
25 this Agreement .
26 B. Monitoring Program. RCFC&WCD and CVWD shall
27 perform sampling of surface water and urban runoff
28 in accordance with the provisions of the NPDES
3
I Permit Monitoring Program. The location of the
2 sampling sites (Sites) shall be determined by
3 RCFC&WCD and CVWD, subject to approval by CRWQCB-
4 CRB. More specifically:
5 1 . RCFC&WCD shall perform such sampling for all
6 Sites located within the limits of its
7 jurisdiction at no expense to COUNTY, CVWD or
8 CITIES .
9 2 . CVWD shall perform such sampling for all Sites
10 located within the limits of its jurisdiction.
11 COUNTY and the Cities of Cathedral City,
12 Coachella, Indian Wells, Indio, La Quinta,
13 Palm Desert and Rancho Mirage shall reimburse
14 CVWD for , all of its costs associated with
15 sample collection and laboratory analysis in
16 accordance with the cost sharing provisions
17 set forth in Section 4 . of this Agreement .
18 C. Regulation and Enforcement. COUNTY and CITIES
19 shall be responsible for the regulation and
20 enforcement of! local ordinances and regulations
21 within their respective jurisdictions to ensure
22 compliance with the NPDES Permit . This includes
23 the exercise of land use controls, the exercise of
24 police powers and the enforcement of ordinances
25 that COUNTY or, CITIES presently have adopted or
26 will adopt in the future .
27 D. Inspection of Stormwater Systems (Pipe and
28 Channels) . RCFC&WCD, COUNTY, CVWD and CITIES shall
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1 perform reconnaissance surveys of their municipal
2 storm drain systems as required by the NPDES
3 Permit . Any wet weather or dry weather sampling or
4 field screening for the reconnaissance surveys
5 shall be the responsibility of the COUNTY or
6 CITIES, depending on where the discharge
7 originates . Each Discharger shall be responsible
8 for keeping any records, tables or other data that
9 are needed to support the reporting of the survey
10 results to CRWQCB-CRB.
11 E . Submittals to CRWQCB-CRB. RCFC&WCD and COUNTY
12 shall coordinate and submit all required reports
13 and information to CRWQCB-CRB. CVWD and CITIES
14 shall keep sufficiently adequate records,
15 information and/or data concerning their program
16 development and implementation activities to enable
17 RCFC&WCD and COUNTY to make all required reports
18 and submittals . CVWD and CITIES shall produce or
19 supply such records, information and/or data on
20 request of CRWQCB-CRB, RCFC&WCD or COUNTY.
21 RCFC&WCD and COUNTY shall also keep adequate
22 records, information and/or data concerning their
23 program development and implementation activities
24 and produce or supply same on request of CRWQCB-
25 CRB.
26 F. Best Management Practices (BMPs) and Programs .
27 Unless otherwise specified in this Agreement,
28 RCFC&WCD, COUNTY, CVWD and CITIES shall be
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1 responsible for implementing each of the BMPs
2 and/or other programs and activities required by
3 the NPDES Permit in accordance with their
4 authority.
5 4 . Cost sharing. Costs for services to be performed in
6 accordance with Sections 3 .A. and 3 .B. of this Agreement shall be
7 shared by the parties described in Sections 3 .A. and 3 .B . in
8 accordance with the following', formula:
9 IC = (TC-RCFC&WCD-CVWD) x (IP/TP)
10 Where,
11 IC = Individual Cost
TC = Total Cost
12 RCFC&WCD = RCFC&WCD Cost-Shared Amount
CVWD = CVWD Cost-Shared Amount
13 IP = Individual Population
TP = Total Population
14
15 If RCFC&WCD is sharing in the cost of an item its cost shall
16 be 7$ of the total cost of the item.
17 If CVWD is sharing in the cost of an item its cost shall be 7$
18 of the total cost of the item:
19 The population of CITIES shall be based on the latest
20 California State Department of Finance population figures issued in
21 May of each year. COUNTY population shall be based on the most
22 current Tax Rate Area (TRA) information best fitting the NPDES
23 Permit area, except with respect to Sections 3 .A. (Public Education
24 Program) and 3 .B. 2 . (Monitoring Program) , of this Agreement where
25 COUNTY population shall be ' based on the most current TRA
26 information best fitting that portion of the NPDES Permit area
27 lying outside RCFC&WCD boundaries .
28 5 . Term of the Agreement. The term of this Agreement shall
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1 commence on the date the last duly authorized representative of
2 RCFC&WCD, COUNTY, CVWD or CITIES executed it . The Agreement shall
3 remain in effect until the date that the CRWQCB-CRB issues a new
4 NPDES Permit, unless each of the parties withdraws sooner in
5 accordance with the provisions of this Agreement .
6 6 . Additional Parties . Any public agency (Agency) which
7 incorporates after the date of issuance of the NPDES Permit and/or
8 after the date of execution of this Agreement may file a written
9 request with Principal Dischargers asking to be added as a party.
10 Upon receipt of such a request, Principal Dischargers shall solicit
11 the approval or denial of each Discharger. If a majority of the
12 Dischargers, each having one, co-equal vote, approves the addition
13 of the Agency, the Principal Dischargers shall ask CRWQCB-CRB to
14 add the Agency to the NPDES Permit as an additional Discharger.
15 Once the Agency is made an additional Discharger to the NPDES
16 Permit, this Agreement shall be amended to reflect the addition,
17 and the Agency shall, thereafter, comply with all provisions of the
18 NPDES Permit and this Agreement . Upon execution of the amended
19 Agreement, the Agency shall be responsible for the shared costs
20 discussed in Section 4 . of this Agreement for the current and any
21 subsequent fiscal year.
22 7 . Withdrawal from the Agreement . Any party may withdraw
23 from this Agreement 60 days after giving written notice to the
24 Principal Dischargers and CRWQCB-CRB . The withdrawing party shall
25 agree in such notice to file for a separate NPDES Permit and to
26 comply with all of the requirements established by CRWQCB-CRB.
27 Withdrawal from the Agreement shall constitute forfeiture by the
28 withdrawing party of its share of any costs paid as described in
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1 Section 4 . of this Agreement and is conditioned on the payment of
2 all costs accrued in accordance with Section 4 . The withdrawing
3 party shall be responsible for all lawfully assessed penalties as
4 a consequence of its withdrawal . The cost allocations to the
5 remaining parties shall be recalculated in the following fiscal
6 year.
7 8 . Non-compliance with Permit Requirements . Any party found
8 to be in non-compliance with the conditions of the NPDES Permit
9 shall be solely liable for any lawfully assessed penalties caused
10 by such non-compliance. Common or joint penalties shall be
11 calculated and allocated between the parties according to the
12 formula outlined in Section 4 . of this Agreement .
13 9 . Amendments to the Agreement . This Agreement may be
14 amended only by consent of all parties to the Agreement . No
15 amendment to this Agreement shall be effective unless it is in
16 writing and duly signed by the authorized representatives of all
17 parties to the Agreement .
18 10 . Authorized Signatories . The General Manager-Chief
19 Engineer of RCFC&WCD and CVWD, the Executive Officer of COUNTY and
20 the City Managers of CITIES (or their designees) are authorized to
21 execute this Agreement and all amendments hereto, to take all other
22 procedural steps necessary to carry out the terms of this Agreement
23 and to file for and obtain an NPDES Permit (s) or amendments
24 thereto.
25 11 . Notices . All ',notices shall be deemed duly given
26 when delivered by hand; or three (3) days after deposit in the U.S .
27 Mail, postage prepaid.
28 12 . Governing Law. I,This Agreement shall be governed and
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I construed in accordance with laws of the State of California. If
2 any provision or provisions of this Agreement shall be held to be
3 invalid, illegal or unenforceable, the validity, legality and
4 enforceability of the remaining provisions shall not in any way be
5 affected or impaired hereby.
6 13 . Consent to Waiver and Breach. No provision hereof
7 shall be deemed waived and no breach excused, unless the waiver or
8 breach is consented to in writing and signed by the party or
9 parties affected. Consent by any party to a waiver or breach by
10 any other party shall not constitute consent to any different or
11 subsequent waiver or breach.
12 14 . Applicability of Prior Agreements . This Agreement
13 and the exhibits attached hereto constitute the entire Agreement
14 between the parties with respect to the subject matter; all prior
15 agreements, representations, statements, negotiations and
16 undertakings concerning the NPDES Permit within the limits of
17 CRWQCB-CRB' s jurisdictional area are superseded hereby.
18 15 . Execution in Counterparts . This Agreement may be
19 executed and delivered in any number of counterparts or copies
20 (counterparts) by the parties hereto. When each party has signed
21 and delivered at least one counterpart to the other parties hereto,
22 each counterpart shall be deemed an original and, taken together,
23 shall constitute one and the same Agreement, which shall be binding
24 and effective as to the parties hereto.
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I IN WITNESS WHEREOF, this Agreement has been executed as of the
day and year first above written.
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3 RIVERSIDE COUNTY FLOOD CONTROL
REC ENDED FOR APPROVAL: AND WATER COO�NSER ATIION DISTRICT
4 By
5 DAV ID P. Z P ✓�i t'i—C 2 rr3 �, FI,��Control anc
6 General Man ,. r-Chief Engineer Water COnservationDMId
Dated:
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8 APPROVED AS TO FORM: ATTEST:
9 WILLIAM C. KATZENSTEIN GERALD A. MALONEY/
County Counsel Clerk of the Bo
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11 Deputy De
pu
12 Dated: /oIA (SEAL)
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RECO M E FOR All ROVAL: COUNTY OF RIVERSIDE
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15 By By
LA 4V P RRISH Chairman, Bo rd of Supervisors
16 County Exe utiv Officer
17 Dated: ATTEST:
18 GERALD A. MALONEY
Clerk of the Bo
19
20 Depu
(SEAL)
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ka1\whitewtr.agt 073197
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MEMORANDUM
C---1*w,S4,AT
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
DATE: April 13, 1998
TO: Sherrie (51063)
FROM: Becky
RE: Item 93 of September 9, 1997 Agenda
National Pollutant Discharge Elimination System Stormwater Discharge Permit
Implement Agreement
Attached are the remaining eleven wet signature pages for the agreement referenced above for your
file copy.
If you have any questions, call me at 51294.
Attachments
Olf 7 9.-3
I APPROVED AS TO FORM: COACHELL�A} VALLEY WATER DISTRICT
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By By
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THOMAS E. LEVY
4 General Manager-Chief Engineer
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BySIZ226 �, o
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TELLIS CODEKAS
7 President
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I APPROVED AS T FORM: CITY OF BANNING
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City Attorney Mayor
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ATTEST:
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ci�lerk
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I APPROVED AS TO FORM: CITY OF CATHKDRAL CITY
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By� ' — BY
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City Attorney Mayor
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ATTES
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City Clerk
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I APPROVED AS TO RM: CITY OF COACHELLA
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Ci y ney Mayor
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ATTEST:
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City Clerk
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I APPROVED AS TO FORM: CITY O DESERT HOT SPRINGS
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By By �
3 Charles Green Gerald F. Pisha
City Attorney Mayor
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ATTEST:
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City Clerk
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I APPROVED AS TO FORM: CITYQ# IN/DIAN WELL
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APPROVED AS TO FORM: CITY OF INDIO
By By
City Attorney Mayor
ATTEST:
BY
o „J�� ci ci
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I APPROVED AS TO FORM: CITY OF LA QUINTA r
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I APPROVED AS T ORM: i CITY O�P DESERT
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I APPROVED AS TO FORM: CITY F PALM SPR
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ATTEST: �
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10 APPROVED BY THE CITY COUNCIL
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I APPROVED AS TO FORM: CITY OF RANCHO MIRAGE
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By Actt By ��
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City Attorney Mayor
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ATTACHMENT A
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
COLORADO RIVER BASIN REGION
FACT SHEET
APPLICATION FOR
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
AND
WASTE DISCHARGE REQUIREMENTS
FOR
RIVERSIDE COUNTY FLOOD CONTROL DISTRICT, OWNER/OPERATOR
COUNTY OF RIVERSIDE, OWNER/OPERATOR
COACHELLA VALLEY WATER DISTRICT, OWNER/OPERATOR
INCORPORATED CITIES OF RIVERSIDE COUNTY WITHIN THE
WHITEWATER RIVER BASIN, OWNERS/OPERATORS
FOR THE DISCHARGE OF
WHITEWATER RIVER WATERSHED STORM WATER
Riverside County
Public Notice No. 7-95-11
Application NPDES No. CAS617002
Board Order No. 96-015
On the basis of preliminary staff review and application of lawful standards and regulations, the
Regional Board is proposing to adopt waste discharge requirements for the discharge of storm water.
The tentative proposed determinations are described below.
I. Description of Proposed Discharge:
This Permit regulates discharges from Municipal Separate Storm Sewer Systems which
discharge to the Whitewater River and tributaries thereof. The quality of this type of
discharge is variable, depending upon the type of land use and management practices
used in the area of drainage.
it. Rationale for Effluent and Receiving Water Limitations
A. Receiving Waters:
a. Smith Creek
b. Montgomery Creek
C. San Gorgonio River
d. Whitewater River
e. Tahquitz Creek
f. Palm Canyon Wash
g. Little Morongo Wash
h. West Cathedral Canyon Channel
I. East Cathedral Canyon Channel
j. West Magnesia Canyon Channel
k. East Magnesia Canyon Channel
I. Palm Valley Storm Water Channel
m. Deep Canyon Storm Water Channel
n. Bear Creek
o. La Quints Resort Channel
1
p. Le Quints Evacuation Channel
q. Coachella Valley Storm Water Channel
B. Beneficial Uses of the Receiving Water:
The cumulative beneficial uses for the surface water bodies listed above:
a. Municipal and Domestic supply (MUN)
b. Agricultural supply (AGR)
C. Fresh Water Replenishment (FRSH)
d. Ground Water Recharge (GWR)
e. Water Contact Recreation (REC 1)
f. Noncontact Water Recreation (REC 11)
g. Warm Water Habitat (WARM)
h. Cold Water Habitat (COLD)
I. Wildlife Habitat (WILD)
h. Preservation of Rare, Endangered or Threatened Species (RARE)
The beneficial uses for specific water bodies can be found in the Water Quality
Control Plan for the Colorado River Basin Region
C. Proposed Effluent Limitations:
The dischargers shall reduce the discharge of pollutants from municipal storm
sewers to the maximum extent practicable. Maximum extent practicable is defined
as those best management practices identified in the Draft Board Order.
D. Basis of Effluent Limitations:
The effluent limitation in this Board Order is based from Section 122.26 of Title 40
of the Code of Federal Regulations and the Part II NPDES application submitted by
the dischargers.
E. Basis of Receiving Water Limitations:
The receiving water limitations are based on the Water Quality Control Plan adopted
by the Regional Water Quality Control Board on November 17, 1993.
III. Written Comments
All interested persons and agencies are invited to submit written comments on the
proposed discharge and the Regional Board's Executive Officer's proposed
determinations. Comments should be submitted not later than May 1, 1995, either in
person or by mail to:
2
Executive Officer
California Regional Water Quality Control Board
Colorado River Basin Region
73-720 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
The application number shall appear on the first page of any submitted comments. All
comments received by the above date will be considered in the formulation of the final
determinations.
IV. Information and Copying
Persons wishing further information may,write to the above address or call the Regional
Board at (619) 346-7491. Copies of the application, proposed waste discharge
requirements and other documents (other than those which the Regional Board's
Executive Officer maintains as confidential), are available at the Regional Board office for
inspection and copying.
V. Register of Interested Persons
Any person interested in a particular application or group of applications may leave his/her
name, address and phone number as part of the file for the application. This list of names
will be maintained as a means for persons with an interest in an application to contact
others with similar interests.
VI. Public Hearing
If submitted comments indicate a significant public interest in the application, or if the
Regional Board's Executive Officer believes useful information may be produced thereby,
the Regional Board's Executive Officer, at,his discretion, may hold a public hearing on the
application. Any person may request the Regional Board's Executive Officer to hold a
public hearing on the application.
Public notice of a hearing will be circulated at least 30 days in advance of the hearing.
Further information regarding the conduct and nature of public hearings concerning
discharge permits may be obtained by writing or visiting the Regional Board office.
3
CALIFORNIA REGIONAL WATER'QUALITY CONTROL BOARD
COLORADO RIVER BASIN REGION
STANDARD PROVISIONS
FOR!
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
OCTOBER 1990
FOR ALL PERMIT HOLDERS
1. Duty to Comply
a. The discharger must comply with all of the conditions of this permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and the Porter-Cologne Water
Ouality Control Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or denial of a permit renewal application. 140
CFR Part 122.41la)]
b. The discharger shall comply with effluent standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if this permit has not been
modified to incorporate the requirement.' 140 CFR Part 122.41(a)(1)1
2. Duty to Reapply:
If the discharger wishes to continue an activity regulated by this permit after the expiration
date of this permit, the discharger must apply for and obtain a new permit. 140 CFR Part
122.41(b))
a. Any publicly owned treatment works(POTW) with a currently effective permit shall submit
a new application at least 180 days before the expiration date of the existing permit,
unless permission for a later date has been granted by the Regional Board. (The Regional
Board shall not grant permission for applications to be submitted later than the expiration
date of the existing permit.) 140 CFR Part 122.41(d)(1))
b. All other dischargers with currently effective permits shall submit a new application 180
days before the existing permit expires except that:
1. The Regional Administrator of the Environmental Protection Agency may grant
permission to submit an application later than the deadline for submission otherwise
applicable, but no later than the permit expiration date; and
2. The Regional Administrator of the, Environmental Protection Agency may grant
permission to submit the information after the permit expiration date required by
paragraphs (g)(7), (9), and (10) of 40 CFR Part 122.21.
3. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a discharger in, an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit. (40 CFR part 122,.4110)
1 ,
4. Duty to Mitigate
The discharger shall take all reasonable steps to minimize or prevent any discharge in violation
of this permit which has a reasonable likelihood of adversely affecting human health or the
environment. I40 CFR Part 122.411d))
S. Proper Operation and Maintenance
The discharger shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) that are installed or used by the discharger
to achieve compliance with this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of backup or auxiliary facilities or similar systems which are installed by
a discharger only when necessary to achieve compliance with the conditions of this permit.
140 CFR Part 122.41(e)1
6. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause including, but not
limited to, the following:
a: Violation of any terms or conditions of this permit; or
b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or
c. A change in any condition that requires either a temporary or a permanent reduction or
elimination of the authorized discharge; or
d. A determination that the permitted activity endangers human health or the environment and
can only be regulated to accepuable levels by permit modification or termination.
The Regional Board may also review and revise this permit at any time upon application of any
person, or on the Regional Board's own motion ICWC 13263(e))
If any toxic effluent standard or prohibition (including any schedule of compliance specified in
such effluent standard or prohibition) is promulgated under Section 307(a) of the Clean Water
Act for a toxic pollutant which is present in the discharge and that standard or prohibition is
more stringent than any limitation on the pollutant to this permit, this permit shall be modified
or revoked and reissued to conform to the toxic effluent standard or prohibition and the
discharger so notified 140 CFR Part 122.41(f))
The filing of a request by the discharger for a permit modification, revocation, and reissuance,
or termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit conditions. 140 CFR Part 122.41(01
7. Property Rights
This permit does not convey any property rights of any sort, or any exclusive privileges, nor
does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of federal, State, or local laws or regulations. (40 CFR Part 122.41(g))
8. Duty to Provide Information
The discharger shall furnish the Regional Board, State Board, or EPA, within a reasonable time,
rr any information which the Regional Board, State Board, or EPA may request to determine
l whether cause exists for modifying, revoking and reissuing, or terminating a permit or to
2
determine compliance with a permit. The discharger shall also furnish to the Regional Board,
upon request, copies of records required to be kept by this permit. 140 CFR Part 122.41(h))
The discharger shall conduct analysis on any sample provided by EPA as part of the Discharge
Monitoring Duality Assurance (DMQA) program. The results of any such analysis shall be
submitted to EPA's DMQA manager.
9. Inspection and Entry
The discharger shall allow the Regional Board, State Board, EPA, and/or other authorized
representatives upon the presentation of credentials and other documents as may be required
by law, to:
a. Enter upon the discharger's premises where a regulated facility or activity is located or
conducted, or where records are kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location. 140 CFR Part 122.41(i))
10. Monitoring and Records
ra. Samples and measurements taken for the, purpose of monitoring shall be representative of
the monitored activity.
b. The discharger shall retain records of all monitoring information,including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used
to complete the application for this permit, for a period of at least 5 years from the date
of the sample, measurement, report, or application. This period may be extended by
request of the Regional Board, State Board, or EPA at any time.
c. Records of monitoring information shall include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(s) who performed the sampling or measurements;
3. The date(s) analyses were performed;
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and
6. The results of such analyses.
d. Monitoring must be conducted according to test procedures under 40 CFR Part 136,unless
other test procedures have been specified in this permit.
3
11. Signatory Requirements
a. All permit applications, reports, or information submitted to the Regional Board, State
Board, and/or EPA shall be signed as follows;
1. For a corporation: by a responsible corporate officer. For the purpose of this
provision, a responsible corporate officer means: a president, secretary, treasurer, or
vice president of the corporation in charge of a principal business function,or any other
person who performs similar policy- or decision-making functions for the corporation,
or the manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding %25 million(in second-quarter 1980 dollars),if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
2. For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
3. For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official. For purposes of this provision, a principal
executive officer of a Federal agency includes: the chief executive officer of the
agency, or a senior executive officer having responsibility for the overall operations of
a principal geographic unit of the agency (e.g., Regional Administrators of EPA). (40
CFR Part 122.22(a))
b. All reports required by this permit, other information requested by the Regional Board,
State Board, or EPA, and all permit applications submitted for Group II stormwater
discharges under 40 CFR Part 122.26(b)13) shall be signed by a person described in
i paragraph a. of this provision, or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described in paragraph a. of this
provision;
2. The authorization specifies either an individual or a position having responsibility for the
overall operation of the regulated facility or activity such as the position of plant
manager, operator of a well or a well field, superintendent, position of equivalent
responsibility,or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a
named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Regional Board. 140 CFR Part 122.22(b))
c. Changes to authorization. If an authorization under paragraph b. of this provision is no
longer accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of paragraph b.
of this provision must be submitted to the Regional Board prior to or together with any
reports, information, or applications to be signed by an authorized representative. 140 CFR
Part 122.22(c)]
d. Certification. Any person signing a document under paragraph a. or b. of this provision
shall make the following certification:
'1 certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
4
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted, is, to the best of my knowledge and
belief, true, accurate, and complete. 1 am aware that there are significant penalties for
submitting false information, including the,possibility of fine and imprisonment of knowing
violations.' [40 CFR Part 122.22(d))
e. The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit including monitoring reports or reports of compliance or
noncompliance shall,upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than 2 years per violation, or by both.
12. Reporting Requirements
a. Planned changes. The discharger shall give notice to the Regional Board as soon as
possible of any planned physical alterations or additions to the permitted facility. Notice
is required under this provision only when,
1. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29(b); or
2. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged.
b. Anticipated noncompliance. The discharger will give advance notice to the Regional Board
of any planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements.,
c. Transfers
1. This permit is not transferable to any person except after notice to the Regional Board.
The Regional Board may require modification or revocation and reissuance of the permit
to change the name of the discharger and incorporate such other requirements as may
be necessary under the Clean Water Act and the Porter-Cologne Water Quality Control
Act.
2. Transfer by modification. Except as provided in paragraph (3) below, a permit may be
transferred by the discharger to a new owner or operator only if the permit has been
modified or revoked and reissued, or a minor modification made to identify the new
discharger and incorporate such other requirements as may be necessary under the
Clean water Act (CWA).
3. Automatic transfers. As an alternative to transfers under paragraph 12) of this
provision, any NPDES may be automatically transferred to a new discharger if:
a. The current discharger notifies the Regional Board at least 30 days in advance of
the proposed transfer date in paragraph (3)(b) of this provision.
b. The notice includes a written agreement between the existing and new dischargers
containing a specific date for transfer of permit responsibility, coverage, and
liability between them; and
c. The Regional Board does not notify the existing discharger and the proposed new
discharger of its intent to modify or revoke and reissue the permit. A modification
5
under this subparagraph may also be a minor modification under 40 CFR Part
122.63. If this notice is not received, the transfer is effective on the date specified
in the agreement mentioned in paragraph (3)(b) of this provision.
d. Definitions. The following definitions shall apply unless specified in this permit;
1. 'Daily Discharge' means the discharge of a pollutant measured during a calendar day
or any 24-hour period that reasonably represents the calendar day for purposes of
sampling. For pollutants with limitations expressed in terms of mass, the 'daily
discharge' is calculated as the total mass of the pollutant discharged over the sampling
day. For pollutants with limitations expressed in other units of measurement,the 'daily
discharge'is calculated as the average measurement of the pollutant over the sampling
day. 'Daily discharge'shall be the concentration of the composite sample. When grab
samples are used, the 'daily discharge' determination of concentration shall be the
arithmetic average (weighted by flow value) of all samples collected during the
sampling day.
2. 'Daily Average' discharge limitation means the highest allowable average of 'daily
discharges' over a calendar month, calculated as the sum of all 'daily discharges'
measured during a calendar month divided by the number of 'daily discharges'
measured during that month.
3. 'Daily Maximum' discharge limitations means the highest allowable 'daily discharge'
during the calendar month,.
e. Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere
in this permit.
r . . 1. Monitoring results must be reported on a Discharge Monitoring Report (DMR).
2. If the discharger monitors any pollutant more frequently than required by this permit,
using test procedures approved under 40 CFR Part 136 or as specified in this permit,
the results of this monitoring shall be included in the calculation and reporting of the
data submitted in the DMR.
3. Calculations for all limitations that require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified in this permit.
4. As required by 40 CFR Parts 122.45(b)(2), if a non-POTW discharger has production-
based limitation, then the discharger shall submit with the DMR the level of production
that actually occurred during each month and the limitations, standards,or prohibitions
applicable to that level of production.
f. Compliance schedules. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of this
permit shall be submitted no Later than 14 days following each schedule date.
l_
6
p. Twenty-four hour reporting. The discharger shall report any noncompliance that may
endanger health or the environment. Any,information shall be provided orally within 24
hours from the time the discharger becomes aware of the circumstances. A written
submission shall also be provided within 5 days of the time the discharger becomes aware
of the circumstances. The written submission shall contain a description of the
noncompliance and its cause; the period of noncompliance, including exact dates and , if
the noncompliance has not been corrected;the anticipated time it is expected to continue;
and steps taken or planned to reduce; eliminate, and prevent recurrence of the
noncompliance.
The following shall be included as information that must be reported within 24 hours under
this paragraph:
1. Any unanticipated bypass that exceeds any effluent limitation in the permit.
2. Any upset that exceeds any effluent limitation in the permit.
3. Violation of a maximum daily discharge,limitation for any of the pollutants listed by the
Regional Board in this permit to be reported within 24 hours.
The Executive Officer may waive the above-required written report on a case-by-case basis
for reports under this provision if the oral report has been received within 24 hours.
h. Other noncompliance. The discharger shall report all instances of noncompliance not
reported under paragraphs a., a.,f, and g. of this provision, at the time monitoring reports
are submitted. The reports shall contain the information listed in paragraph g. of this
provision.
I. Other information. Where the discharger becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect information in a permit
application or in any report to the Regional Board, the discharger shall promptly submit
such facts or information. (40 CFR Part 122.41(1))
13. Bypass
a. Definitions
1. 'Bypass' means the intentional diversion of waste streams from any portion of a
treatment facility.
2. 'Severe property damage' means substantial physical damage to property, damage to
the treatment facilities that causes them to become inoperable, or substantial and
permanent loss of natural resources that can reasonably be expected to occur in the
absence of a bypass. Severe property, damage does not mean economic loss caused
by delays in production.
b. Bypass not exceeding limitations. The discharger may allow any bypass to occur which
does not cause effluent limitations to be exceeded, but only if it is essential maintenance
to assure efficient operation. These bypasses are not subject to paragraphs c. and d. of
this provision.
c. Notice
r 1. Anticipated (bypass. If the discharger,knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least 10 days before the date of the bypass.
2. Unanticipated bypass. The discharger shall submit notice of an unanticipated bypass
as required in paragraph g.. of provision 12 above 124-hour notice).
d. Prohibition of bypass. Bypass is prohibited, and the Regional Board may take enforcement
action against the discharger for bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
3. The discharger submitted notices as required under paragraph c. of this provision.
e. Approval of anticipated bypass. The Regional Board may approve an anticipated bypass,
after considering its adverse effects, if the Regional Board determines that it will meet the
three conditions listed above in paragraph d. of this provision. [40 CFR Part 122.41(m))
14. Upset
a. Definition. 'Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitations because of
factors beyond the reasonable control of the discharger. An upset does not include
(- noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment: facilities, lack of preventive maintenance, or careless or
improper operation.
b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology-based permit effluent limitations if the requirements
of paragraph c. of this provision are met. No determination made during administrative
review of claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administration action subject to judicial review.
c. Conditions necessary for a demonstration of upset. A discharger that wishes to establish
the affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that the discharger an identify the cause(s) of the upset;
2. The permitted facility was at the time being properly operated;
3. The discharger submitted notice of the upset as required in paragraph g. of provision
12 (24-hour notice); and
4. The discharger complied with any remedial measures required under provision 4.
d. Burden of proof. In any enforcement proceeding, the discharger seeking to establish the
occurrence of an upset has the burden of proof. 140 CFR Part 122.41In))
t
8
15. Enforcement
The Clean Water Act provides that any person who violates a permit condition implementing
Sections 301, 302,306, 307, 308, 318 or 405 of the Clean Water Act is subject to a civil
penalty not to exceed $25,000 per day of 'violation. Any person who negligently violates
permit conditions implementing Sections 301, 302, 306, 307, 308, 318,or 405 of the Act is
subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by
imprisonment of not more than 1 year, or both. Higher penalties may be imposed for knowing
violations and for repeat offenders. The Porter-Cologne Water Quality Control Act provides for
civil and criminal penalties comparable to, and in some cases greater than, those provided
under the Clean Water Act.
EXISTING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS
All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Regional
Board as soon as they know or have reason to believe:
1. That any activity has occurred or will occur that would result in the discharge, on a routine or
frequent basis, of any toxic pollutant that is,not limited in this permit, if that discharge will
exceed the highest of the following "notification levels':
a. One hundred micrograms per liter (100,wA);
b. Two hundred microgram per liter (200 ugA) for acrolein and acrylonitrile; five hundred
microgram per liter(500pgA for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol; and one
milligram per liter (1 mgA) for antimony;
c. Five (5) times the maximum concentration value reported for that pollutant in the permit
application in accordance with 40 CFR Part 122.21(g)(7); or
d. The level established by the Regional Board in accordance with 40 CFR Part 122.44(f). [40
CFR Part 122.42(a)(1))
2. That any activity has occurred or will occur which would result in any discharge, on a non-
routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following 'notification levels":
a. Five hundred microgram per liter (500 pgA);
b. One milligram per liter (1 mgA) for antimony;
c. Ten 110) times the maximum concentration value reported for that pollutant in the permit
application in accordance with 40 CFR Part 122.21(g)(7)
d. The level established by the Regional Board in accordance with 40 CFR Party 122.44(f) [40
CFR Part 122.42(a)(2)1
PUBLICLY OWNED TREATMENT WORKS (POTWs)
1. Notice of Changes
All POTWs must provide adequate notice to the Regional Board of the following:
a. Any new introduction of pollutants into the POTW from an indirect discharger that would
9
be subject to Section 301 or 306 of the Clean Water Act if it were directly discharging
those pollutants; and
b. Any substantial change in the volume or character of pollutants being introduced into that
POTW by a source introducing pollutants into the OTW at the time of issuance of the
provision.
For purposes of this provision, adequate notice shall include information on (1) the quality and
quantity of effluent introduced into the POTW, and 12) any anticipated impacts on the quantity
or quality of effluent to be discharged from the POTW. (40 CFR Part 122.42(b))
2. Pretreatment
Any POTW(or combination of POTWs operated by the same authority) with a total design flow
greater than 5 million gallons per day(mgd)and receiving from industrial users pollutants which
pass through or interfere with the operation of the POTW or are otherwise subject to
Pretreatment Standards will be required to establish a POTW Pretreatment Program. The
Regional Board may require that a POTW with a design flow of 5 mgd or less develop a POTW
Pretreatment Program if it finds that the nature or volume of the industrial influent, treatment
process upsets, violations of POTW effluent limitations, contamination of municipal sludge, or
other circumstances warrant in order to prevent interference with the POTW or Pass Through.
140 CFR Part 403.81
3. National Pretreatment Standards: Prohibited Discharges
a. General Prohibitions. No source may introduce into a POTW any pollutant(s) which case
Pass Through or Interference. These general prohibitions and the specific prohibitions in
paragraph b.of this provision apply to all non-domestic sources introducing pollutants into
a POTW whether or not the source is subject to other National Pretreatment Standards or
any national, state, or local Pretreatment Requirements.
b. Specific prohibitions. In addition, the following pollutants shall not be introduced into a
POTW:
1. Pollutants which create a fire or explosion hazard in the POTW, including but not
limited to, wastestreams vvith a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR Part
261.21;
2. Pollutants which will cause corrosive structural damage to the POTW, but in no case
discharges with pH lower than 5.0, unless the works is specifically designed to
accommodate such Discharges;
3. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the
POTW resulting in interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a
discharge at a flow rate and/or pollutant concentration which will cause interference
with the POTW; and
5. Heat in amounts which will inhibit biological activity in the POTW resulting in
interference, but in no case heat in such quantities that the temperature at the POTW
Treatment Plant exceeds 406C11040F) unless the Regional Board, upon request of the
POTW, approves alternate temperature limits.
' 6. Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts
10
•
that will cause interference or past through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW In a quantity that may cause aclute worker health and safety problems;
B. Any trucked or hauled pollutants,except at discharge points designated by the POTW.
e. When specific Omits must be developed by a POTW.
i. POTWs developing POTW Pretreatment Programs pursuant to 40 CFR Part 403.8 shall
develop and enforce specific Omits to implement the prohibitions fisted in paragraphs
a. and b. of this provision.
2. All POTWs shall, in cases where pollutant contributed by user(s) result in interference
or pass through, and such violation isl likely to recur, develop and enforce specific
effluent Omits for Industrial user(s),and 'all other users,as appropriate, which,together
with appropriate changes in the POTW treatment plant's facilities or operations, are
necessary to ensure renewed and continued compliance with the POTWs NPDES
permit or sludge use or disposal practices.
3. Specific effluent limits shall not be developed and enforced without individual notice
to persons or croups who have requested such notice and an opportunity to respond.
d. Local limits. Where specific prohibitions or Omits on pollutants or pollutant parameters are
developed by a POTW in accordance with paragraph c.above, such limits shall be deemed
Pretreatment Standards for the purposes of',Section 3O71d) of the Clean Water Act. 140
CFH Parts 403.5 (a) through (d)).
11
gvt1w
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD MAY 2 " 1996
COLORADO RIVER BASIN REGION
ORDER N0. 96-015 -;s!DE COUNTY FLOOD CONTR.C'
NPDES NO. CAS617O02
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
AND
WASTE DISCHARGE REQUIREMENTS
FOR
RIVERSIDE COUNTY FLOOD CONTROL DISTRICT, OWNER/OPERATOR
COUNTY OF RIVERSIDE, OWNER/OPERATOR
COACHELLA VALLEY WATER DISTRICT, OWNER/OPERATOR
INCORPORATED CITIES OF RIVERSIDE COUNTY WITHIN THE
WHITEWATER RIVER BASIN, OWNERS/OPERATORS
FOR THE DISCHARGE OF
WHITEINATER RIVER WATERSHED STORM WATER
Riverside County
The California Regional Water Quality Control Board, Colorado River Basin Region, finds that:
1. The Riverside County Flood Control District, County of Riverside,Coachella Valley Water District,
and the Incorporated Cities' of Riverside County,within the Whitewater River Basin (hereinafter
collectively referred to as the Dischargers) have)oined together for coverage under an NPDES
Permit for storm water discharges. The Dischargers submitted Part 1 of the NPDES Area-Wide
Municipal Storm Water Permit Application on June 11, 1992, and Part 2 of the Application on
May 17, 1994.
2. Riverside County, 4080 Lemon Street, P.O. Box 1090, Riverside, California 92501-1090, and
Riverside County Flood Control District, 1995 Market Street, Riverside, California 92501 are
Principal Dischargers. Thus, all correspondence, compliance status notifications, and
enforcement actions will be directed to the above-mentioned Principal Dischargers.
3. In 1972,the Federal Water Pollution Control Act (also referred to as the Clean Water Act (CWA))
was amended to provide that the discharge of pollutants to waters of the United States from any
point source is effectively prohibited, unless the discharge is in compliance with an NPDES
Permit. The 1987 amendments to the CWA added Section 402(p) which establishes a
framework for regulating municipal and industrial storm water discharges under the NPDES
program.
4. On November 16, 1990, the U.S. Environmental Protection Agency published final regulations
that establish application requirements for storm water permits. The Code of Federal
Regulations, Title 40, Part 122, Section 26 (40 CFR 122.26(a)) defines municipal storm water
permit requirements. Section 26(a)(iii) and (iv) require that NPDES storm water permits be issued
for discharges from large(urban areas serving greater than 250,000 persons) and medium (urban
areas serving greater than 100,000 persons but less than 250,000 persons) municipal separate
storm sewer systems. The regulations define "municipal separate storm sewer" to mean "a
' City of Banning, City of Cathedral City, City of Coachella, City of Desert Hot Springs, City of
Indian Wells, City of Indio, City of La Quints, City of Palm Desert, City of Palm Springs, and the
City of Rancho Mirage
1
conveyance or system of conveyancers (including roads with drainage systems,municipal streets,
catch-basins, curbs, gutters, ditches, manmade channels, or storm drains)".
5. The incorporated and unincorporated portions of Riverside County, within the Whitewater River
Basin, have an approximate population of 250,000 persons. Therefore, on March 14, 1991, the
Regional Board's Executive Officer designated the Whitewater River Basin as an area required
to have a permit for municipal separate storm sewer systems.
6. The Dischargers own and operate major storm water conveyance systems which service the
urbanized portion of the Whitewater River Basin. These systems discharge storm water into the
surface water bodies listed below:
a. Smith Creek
b. Montgomery Creek
c. San Gorgonio River
d. Whitewater River
e. Tahquitz Creek
f. Palm Canyon Wash
g. Little Morongo Wash
h. West Cathedral Canyon Channel
i. East Cathedral Canyon Channel
j. West Magnesia Canyon Channel
k. East Magnesia Canyon Channel
I. Palm Valley Storm Water Channel
m. Deep Canyon Storm Water Channel
n. Bear Creek
o. Le Quints Resort Channel
p. La Quinta Evacuation Channel
q. Coachella Valley Storm Water Channel
7. The Water Quality Control Plan for the Colorado River Basin Region of California (Basin Plan) was
adopted on November 17, 1993, and designates the beneficial uses of ground and surface
waters in this Region.
B. Beneficial uses for specific water bodies can be found in the Basin Plan. However,the beneficial
uses designated for some of the surface water bodies listed in Finding No. 6 are:
a. Municipal and Domestic Supply (IOUN)
b. Agricultural Supply (AGRI
c. Fresh Water Replenishment (FRSH)
d. Ground Water Recharge (GWR)
e. Water Contact Recreation (REC 1)
f. Noncontact Water Recreation (REC II)
g. Warm Water Habitat (WARM)
h. Cold Water Habitat (COLD)
i. Wildlife Habitat (WILD)
j. Preservation of Rare, Endangered or Threatened Species (RARE)
9. The permit scope, as shown in Attachment A and incorporated herein and made a part of this
Board Order includes the urbanized areas which lie approximately between the San Gorgonio
Pass area on the northwest and the Salton Sea on the southeast. The majority of this area is in
the Coachella Valley. The generally northwest-southeast trending Coachella Valley is in the
2
northern portion of a large low area in the Colorado Desert known as the Salton Basin with major `
drainage to the Salton Sea. The San Jacinto Mountains bound the Coachella Valley on the
southwest, end the San Gorgonio Mountains, Indio Hills and Mecca Hills bound the Coachella
Valley on the northeast side. Major drainage is, through the Whitewater River, the Coachella
Valley Storm Water Channel and their tributaries which reach the northern end of the Salton
Sea. The headwaters of the Whitewater River ,originate from Mt. San Gorgonio. The valley
surface geology is characterized as wide, bouldarly, alluvial fans.
10. Urban separate storm sewer systems not owned and operated by the Dischargers in the
Whitewater River Basin are owned and operated by the California Department of Transportation
(Caltrans). Caltrans has applied for and received''NPDES Permit No. CAS617001 for discharges
of storm water from their separate storm sewer systems.
11. Other known and permitted outfalls which discharge to surface waters in the Whitewater River
Basin are associated with the collection and treatment of municipal wastewater. These facilities
and their respective NPDES permit numbers are listed below:
a. Valley Sanitary District
NPDES No. CA0104477
45-500 Van Buren Street
Indio, CA 92201
b. Coachella Sanitary District
NPDES No. CA0105031
NPDES No.,CA0104493
1515 Sixth Street
Coachella, CA 92236
c. Coachella Valley Water District
NPDES No. CA0104973
P.O. Box 1058
Coachella, CA 92236
Valley Sanitary District and the Coachella Valley',Water District prohibit the discharge of storm
water and certain types of non-storm water wastes into their collection,treatment, and disposal
systems. Currently, Coachella Sanitary District has a policy of not accepting any type of
industrial wastewater.
12. Studies have shown that urban storm water runoff discharges and non-storm water discharges
to storm water conveyance systems contain pollutants that may impact receiving waters, and
as such, may be causing or threatening to cause exceedences of water quality objectives.
13. Numerical and narrative water quality standards exist for the receiving waters in this Region.
Due to the variability in storm water quality and quantity and the complexity of urban runoff, this
Board Order does not contain explicit numerical''affluent limitations for any constituents. The
impact of urban storm water runoff discharges on water quality of receiving waters has not been
fully determined. Urban storm water quality monitoring and analysis of the date are essential to
make that determination. This Board Order requires the Dischargers to monitor the discharges
of urban storm water runoff and to analyze the data. This Board Order also requires the
development and implementation of Best Management Practices (BMPs). "BMPs" are defined
in 40 CFR 122.2 as "schedules of activities, prohibitions of practices, maintenance procedures,
and other management practices to prevent or reduce the pollution of waters of the United
3
States. BMPs also include treatment requirements, operating procedures, and practices to
control plant site runoff,spillage or leaks,sludge or waste disposal, or drainage from raw material
storage." For purposes of this Board Order, BMPs may include non-structural (e.g. public
education, regulatory powers, urban planning, etc.) and structural (e.g. detention basins, grass
swales, runoff infiltration devices, etc.) controls.
14. It is the Regional Board's intent that this Board Order shall achieve attainment and protection of
the beneficial uses of receiving waters. This Board Order therefore, includes Receiving Water
Limitations required to implement water quality objectives and to prevent water quality
impairments in receiving waters. This Board Order requires implementation of control measures
in accordance with the approved Storm Water Management Plan that will reduce pollutants in
storm water discharges to the maximum extent practicable. The Receiving Water Limitations
require the implementation of necessary control measures that are technically and economically
feasible to protect beneficial uses and attain water quality objectives in the receiving waters.
The Regional Board finds that the unique aspects of the regulation of storm water discharges
through municipal storm sewer systems, including intermittent discharges, difficulties in
monitoring and limited physical control over the discharge will require adequate time to
implement and evaluate the effectiveness of best management practices and to determine
whether they will adequately protect receiving waters. Therefore, this Board Order includes a
procedure for determining whether storm water discharges are causing continuing or recurring
exceedances of receiving water limitations and for evaluating whether the approved Storm Water
Management Plan must be revised. The Dischargers will be in compliance with the Receiving
Water Limitations so long as the Dischargers comply with that procedure.
15. The Dischargers may lack legal jurisdiction over storm water discharges into their systems from
some of the State and Federal facilities, agricultural land, utilities and special districts, and Native
American tribal lands. The Regional Board recognizes that the Dischargers should not be held
responsible for such facilities and/or discharges.
16. Federal Regulations (40 CFR 122.26) require Dischargers of storm water associated with
construction activity including clearing,grading, and excavation activities (except operations that
result in disturbances of less than five acres of total land area and which are not part of a large
common plan of development or sale) to obtain an NPDES permit and to implement BMPs and
Best Conventional Pollutant Control Technology (BCT) to reduce or eliminate storm water
pollution.
17. Federal Regulations (40 CFR 122.26(b)(14)) require Dischargers of storm water associated with
specific industrial activities to obtain an NPDES Permit and to implement BMPs, BCTs, the Best
Available Technology Economically Achievable (BAT),and any more stringent controls necessary
to meet water quality standards. Federal Regulations (40 CFR Subchapter N)establishes numeric
effluent limitations for ten categories of industrial facilities subject to storm water permits. These
limitations constitute BAT and BCT technologies. For facilities not mentioned under 40 CFR Sub-
chapter N, effluent limitations are established through the type of BMP used.
18. The State Water Resources Control Board (State Board) has issued NPDES General Permits for
the regulation of storm water discharges associated with the above-mentioned industrial and
construction activities. For the Dischargers to effectively implement the industrial, new
development, and construction elements of this Board Order, the Dischargers may conduct
regulatory activities at industries or construction sites currently covered by the State General
Permits. Under the CWA, the Dischargers cannot enforce the State NPDES General Permit.
However, Regional Board staff intends to work cooperatively with the Dischargers to ensure that
4
industries, businesses and developers within the Dischargers' jurisdiction are not subject to
duplicate or overlapping storm water regulatory activities.
19. As a portion of the Part 2 NPDES Application, the Dischargers have submitted a Storm Water
Management Plan (SWMP). The SWMP provides the basis of a phased and tiered approach over
the next five-year period to reduce the discharge of pollutants to municipal storm drains to the
.maximum extent practicable. The SWMP emphasizes pollution prevention activities through the
following major program elements:
a. Overall Program Management
b. Description of Existing Legal Authority and Plan for Improvement
c. Public Information/Participation
d. New Development and Construction Site Controls
e. Municipal Government Activities
f. Illicit Discharge Identification and Elimination
g. Industrial Discharge Identification and Runoff Control
h. Urban Runoff Monitoring
20. The County of Riverside, under the authority of the County Service Area (CSA) Law as set forth
in Governmental Code Section 25210.1 at. seq., adopted CSA 152. CSA 152 establishes a
funding mechanism for the NPDES storm water program.
21. Section 402(p)(4)(b) of the Clean Water Act (CWA) requires that the Dischargers shall be in full
compliance with this Board Order as expeditiously as practicable, but in no event later than three
years after the date of issuance of this Board Order.
22. The requirements contained in this Board Order are necessary to implement the water quality
objectives as contained in the Basin Plan for receiving waters within this Region.
23. The Regional Board has considered anti-degradation provisions pursuant to 40 CFR 131.12 and
State Water Resources Control Board Resolution No. 68-16, and finds the permitted discharge
is consistent with those provisions.
24. The Board has notified the Dischargers and all known interested agencies and persons of its
intent to prescribe waste discharge requirements',for said discharge and has provided them with
an opportunity for a public meeting and an opportunity to submit comments.
25. The Board in a public meeting heard and considered all comments pertaining to this discharge.
26. The action to adopt an NPDES Permit is exempt from the provisions of the California
Environmental Quality Act (CEQA: Public Resources Code Section 21100, et. seq.), pursuant to
Section 13389 of the California Water Code.
27. Receiving water limitations in this Board Order are based on the Federal Clean Water Act, Basin
Plan, State Water Resources Control Board's plans and policies, U. S. Environmental Protection
Agency guidance, best professional judgement, and best available technology economically
achievable.
28. Pursuant to Section 402 of the CWA, and amendments thereto, and pursuant to Section 13260,
at sea., of the California Water Code,this Board Order shall serve as an NPDES permit and waste
discharge requirements for the discharge of storm water and urban runoff to surface water in the
Whitewater River Basin.
5
IT IS HEREBY ORDERED that in order to meet the provisions contained in Division 7 of the California Water
Code and regulations adopted thereunder, and the provisions of the Federal Clean Water Act and the
regulations and guidelines adopted thereunder, the Dischargers shell comply with the following:
A. Prohibitions
1. The Dischargers shall effectively prohibit the discharge of non-storm water through their
municipal separate storm sewer systems into waters of the United States. NPDES permitted non-
storm water discharges are exempt from this prohibition. The following non-storm water
discharges or flows shall be addressed only when such sources are identified as sources of
pollutants to waters of the United States. Control measures for such sources shall be necessary
only when deemed so by the Regional Board's Executive Officer or the Dischargers. The
following is a list of categorical non-storm water discharges applicable to the above:
a, water line flushing;
b, landscape irrigation;
c. diverted stream flows;
d. rising ground waters;
e. uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)) to separate
storm sewers;
f. uncontaminated pumped ground water;
g. discharges from potable water sources;
h. foundation drains;
i. air conditioning condensate;
j. irrigation water;
k. springs;
I. water from crawl space pumps;
m. footing drains;
n. lawn watering;
o. individual residential or noncommercial car washing;
p. flows from riparian habitats and wetlands;
q. dechlorinated swimming pool discharges;
r. discharges or flows from emergency fire fighting activities;
s. street wash water;
t. fire hydrant flow testing; and
u. waters not otherwise containing wastes as defined in the California Water Code Section
13050(d).
2. Storm water discharges which cause pollution or contamination to waters of the State as defined
in Section 13050M of the California Water Code are prohibited.
3. Wastes or wastewater from street sweeping vehicles shall not be discharged to any surface
waters or to any storm drain leading to a surface water body.
B. Effluent Limitations
1. The Dischargers shell reduce the discharge of pollutants from municipal storm sewers to the
maximum extent practicable. M3ximum extent practible is described as the implementation of
those BMPs listed in Attachment B (incorporated herein and made a part of this Board Order).
The Dischargers are further required to comply with the Receiving Water Limitations section of
this Board Order.
6
C. Receiving Water Limitations
1. Receiving water limitations are based upon the beneficial uses, water quality objectives and
water quality standards contained in the Basin Plan, and amendments thereto, and on ambient
water quality. They are intended to protect the beneficial uses and attain the water quality
objectives contained in the Basin Plan. The discharge of urban storm water or non-storm water
from a municipal storm sewer system for which the Dischargers are responsible under the terms
of this Board Order shall not cause or significantly contribute to continuing or recurring
impairment of beneficial uses or exceedances of water quality objectives. The Dischargers will
not be in violation of this provision so long as they are in compliance with the requirements set
forth in Receiving Water Limitation No. 2 below.
2. If the Regional Board's Executive Officer determines that urban storm water dischargers from a
municipal storm sewer system cause or significantly contribute to continuing and recurring
impairment of beneficial uses or exceedances of water quality objectives, the following steps
shall be taken:
a. The Regional Board's Executive Officer will evaluate the adequacy of the Dischargers
implementation of the approved SWMP based on the Dischargers submitted reports. The
Regional Board's Executive Officer will determine if implementation of the approved SWMP
has a reasonable likelihood of preventing future continuing or recurring impairment of
beneficial uses or exceedances of water quality objectives resulting from urban storm water
discharges. If the Regional Board's Executive Officer makes this determination, the
Dischargers are required to continue implementing the approved SWMP.
b. If the Regional Board's Executive Officer determines that the implementation of the approved
SWMP will not have a reasonable likelihood of preventing future impairment of beneficial
uses or exceedance of water quality objectives, the Dischargers shall, upon notice from the
Regional Board's Executive Officer, take the following steps:
i. Submit a report that includes an evaluation of the relative contribution of the urban
storm water discharges to the impairment of beneficial uses and to the exceedance of
water quality objectives. The report shall address the persistence,the Pignificance, and
to the extent feasible, the causes of the impairment of exceedance, and the technical
and economic: feasibility of control actions available to the Dischargers to reduce or
eliminate the impairment or exceedance.
ii. Submit a report reviewing the approved SWMP to determine whether it should be
revised so that there will be a reasonable likelihood of preventing future continuing or
recurring beneficial use impairments or exceedances of water quality objectives, or
whether revisions to achieve protection of beneficial uses or attainment of water quality
objectives are technically or economically infeasible. If the report recommends revision,
the revision should have a reasonable likelihood of preventing future continuing or
recurring beneficial use impairments or exceedances of water quality objectives. If the
report concludes that no revisions are necessary to achieve protection of beneficial uses
or attainment of water quality objectives, the report shall explain how implementation
of the approved SWMP will achieve compliance. If the report determines that revisions
to achieve protection of beneficial uses or attainment of water quality objectives are
technically or economically infeasible,the Dischargers shall continue to comply with the
approved SWMP, shall fully document this determination, and shall make
recommendations for action to achieve compliance and identification of possible funding
sources for such actions.
7
iii. The Dischargers shall implement the revised SWMP as approved by the Regional
Board's Executive Officer.
3. The Regional Board's Executive Officer shall review and approve or disapprove the reports
required under Receiving Water Limitation No. 2. The reports may be submitted as part of the
next Annual Report, or at some other time designated by the Regional Board's Executive Officer.
So long as the Dischargers have complied with the procedures set forth in Receiving Water
Limitation No. 2, they do not have to repeat the procedure for continuing or recurring
exceedances of the same receiving water limitations. As appropriate, any determinations under
this part or revisions to the approved SWMP may be considered by the Regional Board's
Executive Officer in a public meeting.
D. General Requirements
In order to meet the federal requirements contained in the Clean Water Act and the corresponding
regulations contained in the Code of Federal Regulations, Title 40, Part 122, Section 26, the Dischargers
shall perform the following duties in the respective time frames established below:
1. Legal Authority - In the assessment of adequate legal authority section of the NPDES Part 2
Application,the Dischargers found that they have "varying degrees" of legal authority necessary
to control, prohibit, inspect and take enforcement actions against storm water pollution sources.
Therefore, the Dischargers shall take steps towards the attainment of legal authority. Steps
toward the attainment of adequate legal authority may include, but are not limited to, the
following:
a. Adopt the model ordinance contained in Appendix B, Part 2 of the NPDES Application or
some variation thereof:
b. Amend existing ordinances which would ensure that adequate legal authority is available for
the control, prohibition, inspection, and enforcement against storm water pollution sources
which have entered or may enter storm water runoff within the scope of this Board Order.
c. Adopt the proposed implementation agreement, or some variation thereof, contained in
Appendix A of the Part 2 NPDES Application.
Complete attainment of adequate legal authority shall be achieved no later than one year after
the date of adoption of this permit, May 22, 1997. In the first annual report due on November
15, 1996, the Dischargers shall submit a legal authority status report. Thereafter, all changes
and additions to applicable ordinances, laws or the implementation agreement shall be reported
with the annual report on November 115 of every year.
2. Source Tracking and Updating - The Dischargers are the responsible party for compiling and
updating changes and additions to the source identification sections contained in Part 1 and Part
2 of the NPDES Storm Water Application. In particular, the following information shall be
included:
a. The additions or identification of any outfalls, with an emphasis on major outfalls;
b. The additions of, or changes to, any major structural controls for storm water runoff;
c. The additions to, or changes in, 'the list of industrial operations (including the SIC Code)
within the Whitewater River Basin, which are subject to storm water regulations.
8
This supplemental information shall be submitted with the annual report on November 15 of
every year and shall include a brief summary of the past year's changes.
3. Storm Water Management Plan;
a. The Dischargers, working collectively or as individuals, shall demonstrate compliance with
this Board Order through the timely implementation of the list of proposed BMPs which was
submitted as a portion of the Part 2 NPDES Application. Timely implementation will be
measured by comparing the completion of tasks by the Dischargers versus that listed in the
SWMP and referred to as Figure 5 (Attachment B).
b. In addition to D.3.a, above,the Dischargers shall perform the following tasks within the time
frames specified below:
1. Illicit connections/illegal discharges:
a. On December 15, 1997, the Dischargers shall submit to the Regional Board a
report which describes how the Dischargers plan to evaluate the need for oil and
grease regulations as specified in Best Management Practices (BMP R4).
b. The Dischargers shall identify storm sewer systems which drain areas where fleet
vehicles are stored and maintained. Such areas shall include, but not be limited
to, police stations, park and recreation departments, mass transportation yards
and corporation yards consisting of ten or more vehicles. This information shall
be reported on November 15, 1997.
L2. Road and Right-of-Way Maintenance and Construction and Other Waste Stream
Sources:
a. The Dischargers shall conduct a survey on the disposal of the following materials
and submit a report detailing thelstudy's results by November 15, 1997:
1. Asphalt Saw Cutting Slurry;
2. Street Sweeping Waste;
3. Mobile Business Wastes;
4. Concrete Equipment Wash Water; and
5. Post Construction Street and Right-of-Way Cleaning Wastes.
b. Should the Dischargers find illegal dumping of wastes is occurring during the
study described above in Section 3.b. 2.a., the Dischargers shall develop BMPs
for the proper disposal of such wastes and prohibit, through ordinance if
necessary,such discharges of pollutants. A report of program development shall
be included in the annual report and completed by no later than November 15,
1999.
3. Water Quality Control Technology:
a. The Dischargers shall evaluate water quality control technologies available for
pollutant removal capability. As part of this evaluation, the Dischargers shall
perform the following tasks:
9
1 I
1. The Dischargers shall develop a list of water quality control technologies
available for pollutant removal and feasible for use within the permitted area.
Also to be included with this submittal is a list of pollutants capable of being
removed by the listed structures. The package shall be submitted to the
Regional Board's Executive Officer by no later than November 15, 1998.
2. The list of available water quality control technologies shall be made available
to interested people and agencies within the permitted area.
4. Public Works Construction Activities:
a. The Dischargers do not need to file a Notice of Intent for coverage under the
State Water Resources Control Board's General NPDES Permit for Discharges of
Storm Water Runoff Associated with Construction Activity (Statewide General
Permit) provided they are in compliance with this section of the Board Order.
Specifically, the Dischargers shall perform the following:
1. All the Dischargers' public works construction projects or activities which
would otherwise necessitate coverage under the Statewide General Permit by
definition or pose a threat to water quality shall be reported to the Regional
Board. The dates and location of the construction project, the party
responsible for the project,and the telephone number of the responsible party
shall be reported. This information shall be reported to the Regional Board
prior to the start of construction.
2. A Storm Water Pollution Prevention Plan (SWPPP) shall be developed and
implemented for all the Dischargers' public works construction projects in the
permitted area if they consist of five acres or more or pose a threat to water
quality. The SWPPP shall be retained on-site during the entire construction
period. The Dischargers shall be responsible for assuring that the SWPPP is
implemented. The SWPPP shall contain all of the elements listed in
Attachment C (incorporated herein and made part of this Board Order).
3. Discharges of non-storm water are allowed only when necessary for
performance and completion of construction projects and when allowed or
permitted by the Regional Board's Executive Officer or his designee and
where they do not cause or contribute to a violation of any water quality
standard. Such discharges must be described in the SWPPP. Wherever
feasible, alternatives which do not result in discharge of non-storm water
shall be implemented.
4. Monitoring shall be performed for all construction projects in accordance with
"Monitoring and Reporting Program No. 96-015".
5. A Notice of Termination shall be submitted to the Regional Board within 30
days of the completion of all construction projects and shall be in a form
acceptable to the Regional Board's Executive Officer or his designee.
6. Specific routine maintenance activities can be exempted from compliance
requirements specified in this Section. Such activities must first be approved
by the Regional Board's Executive Officer.
10
b. Prior to the issuance of a building,, grading, or other construction project permits
which meet the criteria under the Statewide General Permit as a project needing
to file for, and receive,the construction storm water permit,the Dischargers shall
require proof that the applicant has filed a Notice of Intent for the construction
storm water permit.
E. Provisions
1. The Dischargers shall comply with "Monitoring and Reporting Program No. 96-015", and future
revisions thereto, as specified by the Regional Board's Executive Officer.
2. Sampling locations including alternative sites shall be submitted to the Regional Board's Executive
Officer for approval within 90 days of the adoption of this Board Order and annually thereafter
as required in Monitoring and Reporting Program No. 96-015
3. The Dischargers shall comply with all of the conditions of this Board Order. Any Board Order
noncompliance constitutes a violation of the Clean Water Act and the Porter-Cologne Water
Quality Control Act and is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification, or denial of a Board Order renewal application.
4. The Dischargers are the responsible party for the waste discharge requirements and the
monitoring and reporting program. The Dischargers shall comply with all conditions of these
waste discharge requirements. Violations may result in enforcement actions, including Regional
Board Orders or court orders requiring corrective action or imposing civil monetary liability, or in
modification or revocation of these waste discharge requirements by the Regional Board. The
Regional Board, in exercising its enforcement discretion, may take action against and individual
Discharger responsible for violating any compliance condition of this Board Order, where
necessary.
5. The filing of a request by the Dischargers for; a Board Order modification, revocation, and
reissuance, or termination, or a notification of planned changes or anticipated noncompliance,
does not stay any Board Order conditions.
6. The Dischargers shall take all reasonable steps to minimize or prevent any discharge in violation
of this Board Order which has a reasonable likelihood of adversely affecting human health or the
environment.
7. Violation of any of the provisions of the NPDES program or of any of the provisions of this Board
Order may subject the violator to any of the penalties described under Section 309(c) of the
CWA, or any subsequent amendments to Section 309(c). The violator may be subjected to any
combination of the penalties described herein at the discretion of the prosecuting authority;
however, only one kind of penalty may be applied for each kind of violation.
8. The CWA provides that any person who violates a provision implementing Sections 301, 302,
or 308, of the CWA, or any permit condition or limitation implementing in any such sections in
this Board Order, is subject to a civil penalty not,to exceed $25,000 per day for each violation.
The CWA provides that any person who negligently violates a provision implementing these
sections is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than one year, or both. Any person who knowingly violates a
provision implementing these sections is subject,to criminal penalties of $5,000 to $50,000 per
day of violation, or imprisonment of not more than three years, or both.
11
y •
9. The Dischargers shall maintain adequate fiscal resources to maintain compliance with this Board
Order. This includes but is not limited to 1) implementing and maintaining BMPs identified in
the Storm Water Management Plan, 2) maintaining an effective storm water monitoring program,
and 3) retaining adequate and qualified personnel to manage the storm water program.
10. The Dischargers shall ensure that all personnel whose decisions or activities could affect storm
water quality are familiar with the contents of this Board Order.
11. The Dischargers shall allow the Regional Board, or an authorized representative, upon
presentation of credentials and other documents as may be required by law, to:
a. Enter upon the premises regulated by this Board Order, or the place where records must be
kept under the conditions of this Board Order;
b. Have access to and copy, at reasonable times, any records that shall be kept under the
conditions of this Board Order;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this Board Order; and
d. Sample or monitor at reasonable times, for the purpose of assuring compliance with this
Board Order or as otherwise authorized by the California Water Code, any substances or
parameters at any location regulated by this Board Order.
12. This Board Order does not convey any property rights of any sort or any exclusive privileges, nor
does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of federal, state, or local laws or regulations.
13. The Dischargers shall furnish, under penalty of perjury, technical monitoring program reports.
Such reports shall be submitted in accordance with the specifications prepared by the Regional
Board's Executive Officer. Specifications are subject to periodic revisions as maybe warranted,
provided that the Dischargers shall have the opportunity to review the revisions prior to Regional
Board adoption.
14. This Board Order shall be modified or, alternatively, revoked and reissued to comply with
applicable effluent standards or limitations issued or approved under the Federal Clean Water Act
or the California Water Code.
15. This Board Order may be reopened to address new amendments to applicable Water Quality
Control Plans that would affect the requirements for the discharge.
16. This Board Order expires on May 22, 2001,five years from date of adoption, and the Dischargers
shall file a complete Report of Waste Discharge in accordance with Title 23, California Code of
Regulations, at least 180 days in advance of such date as an application for issuance of a new
Board Order. However,the Regional Administrator of the Environmental Protection Agency may
grant permission to submit an application later then the deadline for submission, but no later than
the permit expiration date. At a minimum, the new application will consist of the identification
of the participating agencies and an updated storm water management plan and monitoring
program.
17. This Board Order shall serve as a National Pollutant Discharge Elimination System Board Order
pursuant to Section 402 of the Federal Clean Water Act, as amended, and shall become effective
12
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at the end of ten (10) days from the date of the hearing at which this Board Order was adopted
by the Regional Board, provided the Regional 'Administrator, U. S. Environmental Protection
Agency, has no objections.
1, Philip A. Gruenberg, Executive Officer, do hereby certifyl,the foregoing is a full, true and correct copy of
an Board Order adopted by the California Regional Water Quality Control Board, Colorado River Basin
Region, on May 22,y_1996.
Executive Offic r
13
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
COLORADO RIVER BASIN REGION
MONITORING AND REPORTING PROGRAM NO. 96-015
FOR
RIVERSIDE COUNTY FLOOD CONTROL DISTRICT, OWNER/OPERATOR
COUNTY OF RIVERSIDE, OWNER/OPERATOR
COACHELLA VALLEY WATER DISTRICT, OWNER/OPERATOR
INCORPORATED CITIES OF RIVERSIDE COUNTY WITHIN THE
WHITEWATER RIVER BASIN, OWNERS/OPERATORS
FOR THE DISCHARGE OF
WHITEWATER RIVER WATERSHED STORM WATER
Riverside County
MONITORING
The Dischargers shall monitor several different, but related,',types of surface water and urban runoff water
streams for pollutants during the year (July 1 to June 30). This monitoring will assist in the determination
of the impact of urban storm water in the permitted area. 'Specifically, the Dischargers shall sample the
below listed types of surface water flows and perform special types of testing as listed below.
A report shall be submitted to the Regional Board's Executive Officer within 90 days of the adoption of this
Board Order which identifies the proposed locations of the receiving water monitoring and the wet weather
testing stations. For each year thereafter, the Dischargers shall submit the proposed sampling locations
for the said testing in the November 15 annual reports. In some years, it is possible that the specified
amount of sampling cannot be attained. In such cases, the Dischargers shall state such a finding in the
annual report.
RECEIVING WATER MONITORING
Representative samples upstream and downstream of the urbanized portion of the permitted area (basin)
shall be collected as specified. Also, at sites where wet weather sampling will take place, representative
samples will be taken upstream and downstream of the municipal separate storm water sewer outfall
(outfall) as specified below:
Category of
Type of Site Type Frequency Pollutants
Basin Grab Two times per Year Category A'
Outfall Grab Once per Year Category Bz
' See attached list for Category A
s See attached list for Category B
1 .
CATEGORY "A" (MONITORING PARAMETERS
-FLOW ESTIMATE
-CALCIUM, MAGNESIUM, SODIUM, POTASSIUM
-CHLORIDE, SULFATE, CARBONATE, BICARBONATE
-TOTAL ALKALINITY, TOTAL HARDNESS, TOTAL FILTERABLE RESIDUE, TOTAL SUSPENDED SOLIDS,
HYDROGEN ION CONCENTRATION (pH), COLOR, ODOR, TURBIDITY, SPECIFIC CONDUCTIVITY
-TOTAL NITROGEN, ORGANIC NITROGEN, AMMONIA, NITRATE, NITRITE
-TOTAL PHOSPHORUS, ORTHOPHOSPHATE, BIOCHEMICAL OXYGEN DEMAND, CHEMICAL
OXYGEN DEMAND, OIL AND GREASE, METHYLENE BLUE ACTIVE SUBSTANCES.
-FLUORIDE, TOTAL ORGANIC CARBON, TOTAL PETROLEUM HYDROCARBONS, PHENOLS.
-SILVER, ARSENIC, BARIUM, CADMIUM, CHROMIUM, COPPER, MERCURY, LEAD,
-SELENIUM, ZINC, NICKEL
CATEGORY "B" MONITORING PARAMETERS
-FLOW ESTIMATE
-CALCIUM, MAGNESIUM, SODIUM, POTASSIUM
-CHLORIDE, SULFATE, CARBONATE, BICARBONATE
-TOTAL ALKALINITY, TOTAL HARDNESS, TOTAL FILTERABLE RESIDUE, TOTAL SUSPENDED SOLIDS
CHLORINE RESIDUAL
-HYDROGEN ION CONCENTRATION (pH), COLOR, ODOR, TURBIDITY
-TOTAL NITROGEN, ORGANIC NITROGEN, AMMONIA, NITRITE, NITRATE.
-TOTAL PHOSPHORUS, BIOCHEMICAL OXYGEN DEMAND, CHEMICAL OXYGEN DEMAND, OIL AND
GREASE, METHYLENE BLUE ACTIVE SUBSTANCES, ORTHOPHOSPHATE.
-BORON, FLUORIDE, CYANIDE, PHENOLS, TOTAL ORGANIC CARBON, TOTAL PETROLEUM
HYDROCARBONS.
-SILVER. ARSENIC, BARIUM, CADMIUM, COPPER, MERCURY, LEAD, SELENIUM, CHROMIUM, ZINC,
ANTIMONY, BERYLLIUM, NICKEL, THALLIUM
-PESTICIDES AND PENTACHLOROBIPHENOLS (PCBS) (608/8080)
-BASE NEUTRAL ACID EXTRACTIBLES (EPA 6215)
-VOLATILE ORGANIC COMPOUNDS (EPA 624)
-ETHYLENE GLYCOL
2
DRY WEATHER FLOWS
The Dischargers shall monitor municipal separate storm! water sewers for dry weather flows. The
Dischargers shall identify three sites for dry weather flow testing. These sites shall be reviewed by the
Executive Officer and are subject to disapproval. However, should any of those sites be dry at the time
of testing, other sites shall be substituted at locations selected by the Dischargers. Dry weather testing
shall be performed as follows:
Category of
Number of Sites Type Frequency Pollutants
Three sites Grab or Composite Two times per Year Category A
One site Grab or Composite Once per Year Category B
WET WEATHER TESTING
The Dischargers shall sample storm water discharged from the outfalls of municipal separate storm sewers.
Samples are not required to be taken when the rainfall is less than 0.1 inches. A minimum of 72 hours of
dry weather should occur between separate sampling events; and a sample of the "first flush" is not
required. Wet weather sampling shall be conducted as follows:
Category of
Number of Sites Type Frequency Pollutants
Three sites per year Grab or Composite Two times per Year Category A
One site per year Grab or Composite Once per Year Category B
FECAL COLIFORM TESTING
The Dischargers shall perform fecal coliform testing on the receiving waters and storm water discharged
from municipal separate storm water sewers. Fecal coliform shall be monitored as specified below:
Type Minimum Frequency Number
Type of Site of Sample of Samoling of Sites
Dry Weather Grab Once per Year Two
Wet Weather Grab Twice per Year Two
Storm Water Outfall
3
PUBLIC WORKS CONSTRUCTION MONITORING
1. The Dischargers are required to conduct site inspections before and after storm events. Other
than reporting incidents of noncompliance, the Dischargers.are not required to submit reports.
2. The Regional Board may require the (Dischargers to conduct additional site inspections, submit
reports and certifications, or to perform sampling and analysis.
3. The Dischargers shall conduct inspections of construction sites prior to anticipated storm events
and after actual storm events to identify areas contributing to a discharge of storm water
associated with construction activity,the discharger shall evaluate whether control practices to
reduce pollutant loadings identified in the Storm Water Pollution Prevention Plan are adequate
and properly implemented or whether additional control practices are needed. A record of the
inspections must include the date of the inspection, the individual(s) who performed the
inspection, and the observations.
4. Any noncompliance or anticipated noncompliance shall be reported to the Regional Board. The
notifications shall identify the type(s) of noncompliance, describe the actions necessary to
achieve compliance, and include a time schedule, subject to the modifications by the Regional
Board, indicating when compliance will be achieved. Noncompliance notifications must be
submitted within 30 days of identification of noncompliance.
5. Records of all inspections, compliance certifications, and noncompliance reporting must be
retained for a period of at least five years. With the exception of noncompliance reporting, the
Dischargers are not required to submit these records.
REPORTING
1. An annual report shall be submitted to the Regional Board's Executive Officer stating the results
of all monitoring performed (except construction monitoring). This report shall be submitted to
the Regional Board by November 15th of each year.
ILLEGAL CONNECTIONS/DISCHARGERS
The Dischargers shall report the following:
Activity Reporting
To inspect and document any pollution Annually
problems and illegal connections
identified as part of the Storm Water
Management Plan
EDUCATIONAL ACTIVITIES
The Dischargers shall report in the November 15 annual report the educational activities performed in the
past year and a list of planned activities for the upcoming year, including the date(s) and where possible
the approximate number of attendees present for each year. If available, the report shall also include a list
of attendees during industrial training activities.
4
COMPLIANCE STATUS
The Dischargers shall report their overall compliance level for the previous year in the November 15 annual
report. This compliance status report shall also include a compliance status report for each Discharger.
FORMA T
1. The Dischargers shall arrange the data in tabular form so that the specified information is readily
discernible. The data shall be summarized in such a manner as to clearly illustrate whether the
Dischargers are in compliance with waste discharge requirements.
2. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurement(s);
b. The individual(s) who performed the sampling or measurement(s);
C. The date(s) analyses were performed;
d. The analytical techniques or method used; and
e. The results of such analyses.
3. Each report shall contain the following statement:
"I declare under the penalty of law that 1 have personally examined and am familiar with the
information submitted in this document, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, 1 believe that the information is true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
4. A duly authorized representative of the Dischargers may sign the documents if:
a. The authorization is made in writing by the director, general manager or equivalent person
in charge of overseeing the entire operation:
b. The authorization specified an individual or person having responsibility. for the overall
operation; and
C. The written authorization is submitted to the Regional Board's Executive Officer.
5. The Dischargers shall retain records of all monitoring information, including all calibration and
maintenance records, copies of all reports required by this Board Order,and records of all data used
to complete the application for this Board Order, for a period of at least 5 years from the date of
the sample, measurement, report, or application. This period may be extended by request of the
Regional Board's Executive Officer.
6. Submit monitoring reports to:
California Regional Water Quality Control Board
Colorado River Basin Region
73-720 Fred Waring, Suite 100
Palm Desert, CA 92260
5
7. A copy of the Monitoring Report shall also be sent to:
Regional Administrator
U. S. Environmental Protection Agency
Region 9, Attn: 65/MR, W-3
75 Hawthorne Street
San Francisco, CA 94105
Ordered By:
Executive Officer
_ May 22, 1996
Date
6
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - 7
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0
ATTACHMENT B
BEST MANAGEMENT PRACTICES DEVELOPMENT AND IMPLEMENTATION SCHEDULE
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ATTACHMENT B (CONTINUED)
BEST MANAGEMENT PRACTICES DEVELOPMENT AND IMPLEMENTATION SCHEDULE
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ATTACHMENT C
STORM WATER POLLUTION PREVENTION PLAN
FOR
PUBLIC WORKS CONSTRUCTION ACTIVITIES
1. Objectives
A Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented for each
publicly owned construction site within a permitted area in excess of five acres in this Region.
The SWPPP shall be developed and amended,when necessary,to meet the following objectives:
a. To identify pollutant sources that may affect the quality of discharges of storm water
associated with construction activity and;
b. To identify, construct, and implement storm water pollution prevention measures (control
practices) ; reduce pollutants in storm water discharges from the construction site both
during construction and after construction is completed.
2. Availability
The SW?PP shall be kept on site during construction activity and made available upon request
of a representative of the Regional Board and/or local agency.
3. Reauired Changes
a. The discharger shall amend the SWPPP whenever there is a change in construction or
operations which may cause the discharge of significant quantities of pollutants to surface
waters, ground water, or a municipal separate storm sewer system. The SWPPP should also
be amended if it is in violation of any condition of the Board Order or has not achieved the
general objective of reducing pollutants in storm water discharges.
b. The Regional Board, or the local agency with the concurrence of the Regional Board, may
require the discharger to amend the SWPPP.
4. Source Identification
The SWPPP shall provide a description of potential sources which are likely to add significant
quantities of pollutants to storm water discharges or which may result in non-storm water
discharges from the construction site. The SWPPP shall include, at a minimum, the following
items:
a. A map covering an area approximately one-quarter mile beyond the property boundaries of
the construction site showing: the construction site, surface water bodies (including known
springs and wetlands'), known wells, an outline of off-site drainage areas that discharge into
the construction site, general topography, and the anticipated discharge location(s) where
the construction site's storm water discharges to a municipal storm sewer system or other
water body. The requirements of this paragraph may be included in the site map required
under the following paragraph if appropriate.
' The determination of whether wetlands exist shall be made by the person who prepares the
SWPPP and shall not be binding upon any other person.
1
b. A site map(s) showing:
L Location of control practices used during construction;
ii. Areas used to store soils and wastes;
iii. Areas of cut and fill;
iv. Drainage patterns and slopes anticipated after major grading activities are completed;
V. Areas of soil disturbance;
vi. Surface water locations;
vii. Areas of potential soil erosion where control practices will be used during
construction;
viii. Existing and planned paved areas and buildings;
ix. Locations of post-construction control practices;
X. An outline of the drainage area for each on-site storm water discharge point;
xi. Vehicle storage and service areas; and
xii. Areas of existing vegetation.
c. A narrative description of the following:
i. Toxic materials that are known to have been treated, stored, disposed, spilled, or
leaked in significant quantities onto the construction site;
ii. Practices to minimize contact of construction materials,equipment,and vehicles with
storm water;
iii. Construction material loading, unloading, and access areas;
iv. Preconstruction control practices (if any) to reduce sediment and other pollutants in
storm water discharges;
V. Equipment storage, cleaning, and maintenance areas;
vi. Methods of on-site storages and disposal of construction materials; and
vii. The nature of fill material and existing data describing the soil and the construction
site.
d. A list of pollutants (other than sediment) that are likely to be present in storm water
discharges in significant quantities. Describe the control practices (if different from Item 6
below) appropriate to reduce these pollutants in the storm water discharges.
e. An estimate of the size of the construction site (in acres or square feet), an estimate of the
runoff coefficient of the construction site before and after construction, and an estimate of
2
the percentage of the area of the construction site that is impervious (e.g., pavement,
buildings, etc.) before and after construction.
5. Erosion and Sediment Control
The SWPPP shall include:
a. A description of soil stabilization practices. These practices shall be designed to preserve
existing vegetation where feasible and to revegetate open areas as soon as feasible after
grading or construction. In developing these practices, the discharger shall consider:
temporary seeding, permanent seeding, mulching,sod stabilization, vegetative buffer strips,
protection of trees, or other soil stabilization practices. At a minimum, the operator must
implement these practices on all disturbed areas during the rainy season.
b. A description or illustration of control practices which, to the extent feasible, will prevent a
net increase of sediment load in storm water',discharge. In developing control practices, the
discharger shall consider a full range of erosion and sediment controls such as detention
basins, straw bale dikes, silt fences, earth dikes, brush barriers, velocity dissipation devices,
drainage swales, check dams,subsurface drain,pipe slope drain,level spreaders, storm drain
inlet protection, rock outlet protection, sediment traps, temporary sediment basins, or other
controls. At a minimum, sandbag dikes, silt'fences, straw bale dikes, or equivalent control
practices are required for all significant sideslope and downslope boundaries of the
construction area. 'The discharger must consider site-specific and seasonal conditions when
designing the control practices.
c. Control practices to reduce the tracking of sediment onto public or private roads. These
public and private roads shall be inspected and cleaned as necessary.
d. Control practices to reduce wind erosion.
6. Non-Storm Water Management
The SWPPP shall include provisions which eliminate or reduce to the extent feasible the
discharge of materials other than storm water to the storm sewer system and/or receiving
waters. Such provisions shall ensure, to the extent feasible, that no materials are discharged in
quantities which will have an adverse effect on receiving waters. Materials other than storm
water that are discharged shall be listed along with the estimated quantity of the discharged
material.
7. Post-Construction Storm Water Management
The SWPPP shall describe the control practices to reduce pollutants in storm water discharges
after all construction phases have been completed at the site. These must be consistent with
all local post-construction storm water management requirements, policies, and guidelines. The
discharger must consider site-specific and seasonal conditions when designing the control
practices. Operation and maintenance of control practices after construction is completed shall
be addressed, including short - and long-term funding sources and the responsible party.
3
4 B. Waste Management and Disposal
All wastes (including equipment maintenance waste) disposed at the site or removed from the
site for disposal shall be disposed of in compliance with Federal, State, and local laws,
regulations, and ordinances.
9. Maintenance. Inspection, and Repair
The SWPPP shall include maintenance, inspections, and repair procedures to ensure that all
graded surfaces,wells,dams and structures,vegetation,erosion and sediment control measures,
and other protective devices identified in the site plan are maintained in good and effective
condition and are promptly repaired or restored.
10. Training
The SWPPP shall include procedures to ensure that all inspections required in the Monitoring
Program and Reporting Requirements of this Board Order and maintenance and repair required
in Paragraph 9 of this Section are done by trained personnel.
11. List of Contractors/Subcontractors
The SWPPP shall include a list of all contractors (or subcontractors) responsible for implementing
the SWPPP.
12. Other Plans
This SWPPP may incorporate, by reference, the appropriate elements of other plans required by
local, State, or Federal agencies. A copy of any requirements incorporated by reference shall be
kept at the construction site.
13. Public Access
The SWPPP is considered a report that shall be available to the public under Section 308(b) of
the CWA. Upon request by members of the public,the discharger shall make available for review
a copy of the SWPPP either to the Regional Water Board or directly to the requestor.
14. Preparer
The SWPPP shall include the signature and title of the person responsible for preparation of the
SWPPP and include the date of initial preparation and each amendment, thereto.
4
FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD SUBMITTAL
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
�o
FROM: Chief Engineer SUBMITTAL DATE: September 9 , 1997
SUBJECT: NPDES Stormwater Discharge Permit - Implementation Agreement
between the District, County of Riverside, Coachella Valley Water District
and the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs,
Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage
RECOMMENDED MOTION:
Approve the agreement and authorize the Chairman to sign the
agreement on behalf of the District.
JUSTIFICATION:
The implementation agreement is a requirement of the NPDES Municipal
Stormwater Discharge Permit (NPDES Permit ) issued by the Colorado
River Basin Regional Water Quality Control Board ( Board Order 96-
015 ) . The agreement establishes the responsibilities of each party
with respect to the NPDES Permit for the Whitewater River permit
area.
The Executive Office will take identical action to its Board for
consideration this same date .
FINANCIAL:
Costs incurred by the District will be funded by the existing
Whitewater Watershed Benefit Assessment Area for the NPDES Program.
DAVID P . Z PP
General Ma "jr-Chief Engineer
C. E.O. RECOMMENDATION: APPROVE
County Executive Officer Signature
MINUTES OF THE FLOOD CONTROL&WATER CONSERVATION DI CT BOARD
On motion of Supervisor Buster,seconded by Supervisor Venable and duly carried by
unanimous vote,IT WAS ORDERED that the above matter is approved as recommended.
Ayes: Buster,Venable,Wilson and Mullen
Noes: None Gerald A. Maloney
Absent: TavagSeptember
f t e Boar
Date: September 9, 1997
xc: Flood eputy
MHW: pin
RCFC\307 4prev.Agn. ref. Depts. Comments 3&4 Dist. �GEND .
FORM 116(12182) a