HomeMy WebLinkAboutContract 1391-2NPDES CAS617002 2 Order No. R7-2013-0011
TABLE OF CONTENTS
A. FINDINGS .......................................................................................................................................... 3
Background ............................................................................................................................................. 3
Urban Runoff Characterization ............................................................................................................... 7
Rationale for Requirements .................................................................................................................... 9
Characteristics of the Whitewater River Region .................................................................................... 9
Colorado River Region Basin Plan ....................................................................................................... 13
CWA Section 303(d) Listed Waterbodies and Total Maximum Daily Loads (TMDLs) ..................... 15
Water Quality Based Effluent Limitations (WQBELs) and TMDL WLA ............................................. 17
Compliance Schedules and Interim Requirements ............................................................................... 18
Whitewater River Region Water Quality .............................................................................................. 18
Objectives of this MS4 Permit .............................................................................................................. 20
Federal NPDES Storm Water Regulations ........................................................................................... 20
Mitigation of Urban Runoff .................................................................................................................. 21
Monitoring ............................................................................................................................................ 26
Compliance with CEQA and Other Requirements ............................................................................... 26
B. DISCHARGE PROHIBITIONS ....................................................................................................... 28
C. ALLOWABLE NON-STORM WATER DISCHARGES .................................................................. 29
D. RECEIVING WATER LIMITATIONS ............................................................................................. 31
E. SPECIFIC PERMITTEE REQUIREMENTS ................................................................................... 33
F. BEST MANAGEMENT PRACTICES ............................................................................................ 37
G. IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS ...................................................... 58
H. GENERAL PROVISIONS ............................................................................................................... 60
I. REPORTING REQUIREMENTS .................................................................................................... 65
J. NOTIFICATIONS ............................................................................................................................ 69
K. GLOSSARY OF TERMS ................................................................................................................. 70
L. MONITORING AND REPORTING ................................................................................................ 82
M. ADMINISTRATIVE PROVISIONS ................................................................................................ 88
N. ANNUAL REPORT AND SUBMITTAL REQUIREMENTS .......................................................... 89
O. FACT SHEET ................................................................................................................................... 91
ATTACHMENT A – SITE MAP ........................................................................................................... 103
ATTACHMENT B – PROGRAM DATABASES ................................................................................. 104
ATTACHMENT C – STATE BOARD MINIMUM LEVELS .............................................................. 109
ATTACHMENT D – ANNUAL REPORT FORMS ............................................................................. 110
NPDES CAS617002 3 Order No. R7-2013-0011
A. FINDINGS
WASTE DISCHARGE REQUIREMENTS
FOR
DISCHARGES FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
WITHIN THE WHITEWATER RIVER WATERSHED
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
OWNER/OPERATOR
COUNTY OF RIVERSIDE, OWNER/OPERATOR
COACHELLA VALLEY WATER DISTRICT, OWNER/OPERATOR
AND INCORPORATED CITIES OF RIVERSIDE COUNTY WITHIN THE
WHITEWATER RIVER WATERSHED, OWNERS/OPERATORS
A. FINDINGS
The California Regional Water Quality Control Board, Colorado River Basin Region
(Regional Water Board) finds that:
Background
1. On November 21, 2012, the County of Riverside (County) and the Riverside
County Flood Control and Water Conservation District (RCFC&WCD), in
cooperation with the Coachella Valley Water District (CVWD) and incorporated
cities, including the Cities of Banning, Cathedral City, Coachella, Desert Hot
Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho
Mirage (hereinafter collectively referred to as the Permittees1), jointly submitted
National Pollutant Discharge Elimination System (NPDES) Application No.
CAS617002 and a Report of Waste Discharge (ROWD) for re-issuance of the
third term MS4 NPDES permit (MS4 Permit).
2. For the purposes of this MS4 Permit, the following two Permittees are
identified as the Principal Permittees:
County of Riverside, 4080 Lemon Street, P.O. Box 1090, Riverside, California
92501-1090; and
Riverside County Flood Control and Water Conservation District, 1995 Market
Street, Riverside, California 92501
The CVWD and each of the Cities are identified as a Co-Permittee. Collectively,
the Principal Permittees and the Co-Permittees comprise the Permittees.
Under this organizational framework, the Principal Permittees are responsible for
coordinating collective Permittee activities required by the MS4 Permit, including
report preparation and submittals to the Regional Water Board.
1 Permittee(s) and discharger(s) are used interchangeably in this MS4 Permit. Also, see Section K. Glossary of
Terms for definitions of certain terms used in this MS4 Permit. Defined terms are capitalized and shown in
italicized, bold lettering throughout the MS4 Permit.
NPDES CAS617002 4 Order No. R7-2013-0011
A. FINDINGS
3. The County and the incorporated Cities of Banning, Cathedral City, Coachella,
Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs,
and Rancho Mirage are general purpose governments with specified land use
authorities and code enforcement powers.
4. RCFC&WCD and CVWD are special purpose districts established by the State
Legislature, and are not general purpose governments with land use authorities or
code enforcement powers. The RCFC&WD and CVWD do not own or operate any
public streets, roads, or highways, and have no planning, zoning, development
permitting or other land use authority over industrial or commercial facilities, New
Development or Redevelopment Projects, or development construction sites
located in any incorporated or unincorporated areas within their service areas.
5. The urbanized area of the Whitewater River Watershed under the jurisdiction of
the Permittees and covered by this MS4 Permit is referred to herein as the
Whitewater River Region. The MS4 Permit area referred to as the Whitewater
River Region is shown in Attachment A – Site Map, incorporated herein, and
made a part of this MS4 Permit by reference.
6. The Whitewater River Watershed is an arid desert region in Riverside County
encompassing an area of approximately 1,645 square miles. The Whitewater
River Region accounts for approximately 367 square miles (22%) of the
Whitewater River Watershed.
7. The USEPA Phase I Storm Water Final Rule became effective on December 17,
1990. The Phase I rule sets forth NPDES application requirements for: Storm
Water discharges associated with industrial activity; discharges from a MS4
serving a population of 250,000 or more (defined as Large MS4s); and discharges
from MS4s serving a population of 100,000 or more but less than 250,000 (defined
as Medium MS4s). On March 14, 1991, the Executive Officer designated the
Whitewater River Region as an area required to have a Phase 1 NPDES MS4
Permit. It is estimated that as of January 1, 2012, approximately 483,4492
persons resided in the incorporated and unincorporated areas of the Whitewater
River Region.
8. The City of Banning, although included as a Permittee on this MS4 Permit, does
not share an interconnected MS4 with the remainder of the Permittees. The MS4
operated by the City of Banning discharges directly into the San Gorgonio River,
an ephemeral Receiving Water. Most MS4 discharges from the City of Banning
infiltrate. Rarely and only during significant runoff events, storm drainage may flow
as far as the CVWD infiltration basins near the City of Palm Springs, which are
located several miles upstream of Urban Runoff discharges from the MS4s
operated by the other Permittees. However, the City of Banning is included in this
2 State of California, Department of Finance, E-4 Population Estimates for Cities, Counties, and the State, 2001-
2010, with 2000 & 2010 Census Counts. Sacramento, California, November 2012. Website link to document:
http://www.dof.ca.gov/research/demographic/reports/estimates/e-4/2001-10/view.php/.
Southern California Association of Governments, “Adopted 2008 RTP Growth Forecast, by City.” Website link to
document: http://www.scag.ca.gov/forecast/index.htm/.
NPDES CAS617002 5 Order No. R7-2013-0011
A. FINDINGS
MS4 Permit to facilitate coordination with the regional programs implemented by
the Permittees and to reduce the administrative duties on the Regional Water
Board.
9. The City of Desert Hot Springs also does not share an interconnected MS4 with
the remainder of the Permittees. The MS4 operated by the City of Desert Hot
Springs drains to several washes tributary to the Little and Big Morongo Washes,
which are Receiving Waters. Most discharges from the City of Desert Hot
Springs infiltrate. Rarely, and only during significant storm events, would any
storm drainage flow into the Whitewater River. However, the City of Desert Hot
Springs is included in this MS4 Permit to facilitate coordination with the regional
programs implemented by the Permittees and to reduce the administrative duties
on the Regional Water Board.
10. The Permittees submitted a revised Whitewater River Region Storm Water
Management Plan (SWMP) for approval by the Executive Officer on June 29,
2009; an errata version of the SWMP was subsequently created by the Permittees
in 2011. The SWMP is incorporated by reference as an enforceable element of
this MS4 Permit. Future Permittee revisions of the SWMP, once approved by the
Executive Officer, also become enforceable components of this MS4 Permit.
11. This MS4 Permit requires the Permittees to revise the SWMP to incorporate the
new requirements described herein.
12. Within the Whitewater River Region, it is necessary for the Permittees to
coordinate their Urban Runoff management activities to achieve appropriate
protection of Receiving Water quality. Establishment of a management structure
will assist the Permittees subject to this MS4 Permit to fund and coordinate those
aspects of their joint obligations. Also, this management structure will promote
cost-effective implementation of the SWMP within the Whitewater River Region.
13. The Permittees entered into an Implementation Agreement to carry out the
activities, regional compliance programs and responsibilities prescribed in the
previously issued NPDES Permit, Order No. R7-2008-0001. The Implementation
Agreement sets forth the working framework among the multiple Permittee
agencies. Specific provisions of that agreement include cost sharing for public
education activities and water quality monitoring. The Implementation Agreement
provides non-binding guidance as to the organizational framework of the Principal
Permittees and Co-Permittees and their respective responsibilities, duties, and
obligations imposed by Order No. R7-2008-0001. The Permittees intend to review
and amend the Implementation Agreement to address the requirements of this
MS4 Permit.
14. An MS4 program audit conducted at the City of Palm Springs by Regional Water
Board staff and a USEPA-contracted auditor in June 2012 confirmed that the
City’s storm water program was demonstrating compliance with the 2008 MS4
Permit.
NPDES CAS617002 6 Order No. R7-2013-0011
A. FINDINGS
15. The Permittees lack legal jurisdiction over discharges into their respective MS4s
from certain facilities, entities, properties, and other Point and Non-Point Source
discharges otherwise permitted by or under the jurisdiction of the Regional Water
Board. The Regional Water Board finds that the Permittees are not responsible
for such discharges. Similarly, certain activities that generate Pollutants present
in Urban Runoff are beyond the ability of the Permittees to eliminate. Examples
may include: operation of internal combustion engines, atmospheric deposition,
brake pad and tire wear, bacteria from wildlife (including feral dogs and cats) and
transient encampments, or from bacterial resuscitation or reactivation from treated
waters or growth of bacteria in the environment (such as in sediments, surface
water, or other substrate), and leaching of naturally occurring nutrients and
minerals from local soils, residues from lawful application of pesticides, nutrient
runoff from landscape activities, and leaching of naturally occurring minerals from
local geology. This MS4 Permit is not intended to address background or naturally
occurring pollutants or flows.
16. Certain areas and facilities in the Whitewater River Region are excluded from
coverage under this MS4 Permit because the Regional Water Board finds that
those areas can be and/or are being addressed through other regulatory programs,
including programs administered by the Regional Water Board and other federal,
state and local regulatory agencies. Excluded areas include:
• Federal lands and state properties, including, but not limited to, military bases,
national forests, hospitals, colleges and universities, and highways;
• Native American tribal lands;
• Open space and rural (non-urbanized) areas;
• Agricultural lands (exempted under the CWA); and
• Utilities and special districts (including school districts, park districts, publicly
owned treatment works and water utilities).
17. Whitewater River Region SWMP requirements apply to all MS4 facilities covered
under this MS4 Permit that are operated by the Permittees on Municipal and
Tribal Lands. As described in USEPA’s Tribal Policy, regulation of any potential
MS4 operating under Tribal jurisdiction would take the form of a permit from the
federal agency (USEPA) to the Tribe, in accordance with Tribal sovereignty. On
May 24, 2011, USEPA issued a letter to the Agua Caliente Band of Cahuilla
Indians (Tribe) clarifying that the Tribe is not the operator of an MS4 required to
maintain coverage under a NPDES Permit. USEPA determined, based on an
assessment of the unique pattern of State and Tribal jurisdiction in the area, and
the provisions of existing land use contracts between the Tribe and state and
municipal authorities, that the Tribe is not presently the owner or operator of a
regulated MS4 within an urbanized area. USEPA determined that under the
existing structure of land-use agreements with local government entities including
the Permittees, areas currently under direct tribal jurisdiction meet the criteria
specified in CFR section 122.32(d), and have a sufficiently low total population to
qualify for a waiver from MS4 permit requirements.
NPDES CAS617002 7 Order No. R7-2013-0011
A. FINDINGS
Tribal land intersects with Cathedral City, Rancho Mirage, Palm Springs, and
unincorporated areas of Riverside County in a checkerboard pattern. In order to
address the unique logistical issues of managing checkerboard areas for
government services, the Tribe entered into land use contracts with certain local
government entities. The provisions of these contracts vary, and may cover a host
of land use issues, including land use ordinances and statutes required to be
administered by each local government entity. However, the Tribe retains
sovereign authority over its lands, including authority to override municipal
requirements with regard to the management of tribal lands. In the event the Tribe
chooses to exercise this authority to override municipal requirements, it could
place itself in the position of being an owner/operator of a regulated MS4 and be
required to obtain permit coverage on the land(s) affected. Additionally, in its
position as trustee for all Tribal and Allotted Trust Lands, the U.S. Department of
the Interior Indian Affairs Bureau of Indian Affairs holds ultimate authority and duty
to negotiate, execute, and otherwise administer existing and future leases of trust
lands.
18. Discharges of Storm Water runoff from lands owned by the California Department
of Transportation (CalTrans) are currently regulated under a separate NPDES
permit (Order No. 2012-0011-DWQ – NPDES No. CAS000003) issued by the
State Water Resources Control Board (State Water Board). CalTrans is
required to comply with specific Effluent Limitations prior to discharging from its
right-of-way into the MS4 operated by the Permittees.
Urban Runoff Characterization
19. Urban Runoff contains Waste, as defined in the CWC, which contains Pollutants
that could adversely affect the quality of the Waters of the State. The discharge
of Pollutants in Urban Runoff from a MS4 is a "discharge of Pollutants from a
Point Source into Waters of the United States” as defined in the CWA.
20. Urban Runoff may contain elevated levels of pathogens (bacteria, protozoa,
viruses), Sediment, trash, fertilizers (nutrients, compounds of nitrogen and
phosphorus), pesticides (DDT, chlordane, diazinon, chlorpyrifos), heavy metals
(cadmium, chromium, copper, lead, zinc), and petroleum products (oil, grease,
petroleum hydrocarbons, polycyclic aromatic hydrocarbons). Urban Runoff may
carry these Pollutants to Receiving Waters within the Whitewater River Region.
In addition, although infrequently, Urban Runoff from the Whitewater River
Region may carry these Pollutants to other Receiving Waters, such as the
Whitewater River. These Pollutants can then impact the Beneficial Uses of the
Receiving Waters and may cause or threaten to cause a condition of Pollution or
Nuisance.
21. Pathogens (from Sanitary Sewer Overflows (SSO), septic system leaks, and
spills and leaks from portable toilets, pets and human activities) may impact water
contact recreation and non-contact water recreation. Floatables (from trash) are
an aesthetic Nuisance and may provide a substrate for algae and insect vectors.
Oil and grease may coat birds and aquatic organisms, adversely affecting
respiration and/or thermoregulation. Other petroleum hydrocarbon components
NPDES CAS617002 8 Order No. R7-2013-0011
A. FINDINGS
may cause Toxicity to aquatic organisms and may impact human health.
Suspended and settleable solids (from Sediment, trash, and industrial activities)
may be deleterious to benthic organisms and may cause anaerobic conditions.
Sediments and other suspended particulates may cause turbidity, clog fish gills,
and interfere with respiration in aquatic fauna. Sediment and other suspended
particles may also screen out light, hindering photosynthesis and normal aquatic
plant growth and development.
22. It is recognized that Storm Water flows from non-urbanized areas such as
National Forests, State Parks, Wilderness, and Agriculture, as shown on the Site
Map (Attachment A), naturally exhibit high levels of suspended solids due to
climate, hydrology, geology, and geography.3 Runoff from these non-urbanized
areas may flow into the MS4 and affect flow and water quality. Toxic substances
(from pesticides, petroleum products, metals, and industrial Wastes) may cause
acute and/or chronic Toxicity, and may bioaccumulate in organisms to levels that
may be harmful to human health. Nutrients (from fertilizer use, firefighting
chemicals, decaying plants, confined animal facilities, pets, and wildlife) may cause
excessive algal blooms. These blooms may lead to problems with odor, color and
increased turbidity, and may depress the dissolved oxygen content leading to fish
kills.
23. There is a direct correlation between “urbanization” and “impacts to receiving water
quality." In general, the more heavily developed the area, the greater the potential
impact to receiving waters from Urban Runoff.
24. During urban development two important changes may occur:
a. Natural pervious ground cover is converted to impervious surfaces such
as paved highways, streets, rooftops, and parking lots. Natural soil can
both absorb rainwater and remove Pollutants. Because pavement and
concrete can neither absorb water nor remove Pollutants, the
absorptive characteristics of the land are greatly reduced; and
b. Urban development may create new Pollution sources as human
population density increases and brings with it proportionately higher
levels of vehicle emissions, vehicle maintenance Wastes, municipal
sewage, pesticides, HHW, pet wastes, trash, etc., which may either be
washed into or directly dumped into the MS4.
Because of these two changes the runoff leaving the developed urban area may
be significantly greater in volume, velocity, and Pollutant load than the
predevelopment runoff from the same area. These effects are minimized when
effective Best Management Practices (BMPs) to manage Urban Runoff are
implemented and maintained.
3 Riverside County Flood Control and Water Conservation District's "Hydrology Manual," dated April 1978; page II-4 of
"Santa Ana River, Design Memorandum No. 1, Phase II GDM on the Santa Ana River Mainstem, including Santiago
Creek, Volume 2, Prado Dam" dated August 1988 and D.I. Inman & S.A. Jenkins "Climate Change and the Episodicity
of Sediment Flux in Small California Rivers," Journal of Geology, Volume 107, pp. 251-270, 1999.
NPDES CAS617002 9 Order No. R7-2013-0011
A. FINDINGS
25. Urban Runoff may contain Pollutants that may threaten human health.
Individually and in combination, Pollutants discharged from MS4s may cause or
threaten to cause a condition of Pollution (i.e., an alteration of water quality by
Waste to a degree which unreasonably affects the waters for designated
Beneficial Uses and/or facilities which serve these designated Beneficial Uses)
or Nuisance. The discharge of Pollutants from MS4s may cause the
concentration of Pollutants to prevent attainment of applicable Receiving Water
Quality Objectives (WQO) and thereby impair or threaten to impair designated
Beneficial Uses.
Rationale for Requirements
26. The Regional Water Board developed the requirements in this MS4 Permit based
on information submitted as part of the 2012 ROWD, Whitewater River Region
monitoring and reporting data, program audits, and other available information and
consistent with the CWA, CWC and regulations adopted thereunder.
27. The Fact Sheet, Section O. of this MS4 Permit, contains additional background
information and rationale for requirements specified in this MS4 Permit, and
constitutes part of the Findings for this MS4 Permit.
28. This MS4 Permit's Receiving Water Limitations language is consistent with
Order WQ 99-05, adopted by the State Board on June 17, 1999, and Order WQ
2001-15, adopted by the State Board on November 15, 2001. Receiving Water
Limitations apply to all Permittees as set forth in Section D of this MS4 Permit.
29. The Permittees are separate legal entities and, as such, have the authority to
develop, administer, implement, and enforce Urban Runoff management
programs only within their respective jurisdictions. In addition, the Permittees
have maintenance responsibilities for the MS4 facilities within their jurisdictional
boundaries. Therefore, the Permittees are responsible for implementing that
portion of the Urban Runoff management program for discharges to and from their
MS4 facilities that is commensurate with those jurisdictional limitations.
Characteristics of the Whitewater River Region
30. The Whitewater River Region lies within the Whitewater River Hydrologic Unit
and is unique relative to other regulated MS4s. Some of the unique characteristics
are:
Climate
• Climatic conditions in the Whitewater River Region are arid. The winters are
mild and summers are hot, with temperatures ranging from below freezing to
over 120°F. Evapotranspiration rates in the Whitewater River Region are
among the highest to be found throughout the State, with an average reference
evapotranspiration of 71.6 inches per year.4
4 Measured using data from weather stations deployed throughout the Coachella Valley. California Irrigation
Management Information System (CIMIS), at http://wwwcimis.water.ca.gov/cimis/images/etomap.jpg
NPDES CAS617002 10 Order No. R7-2013-0011
A. FINDINGS
Rainfall
• Precipitation in the Whitewater River Region averages 3.6 inches per year.5
This is 65-75% less annual precipitation than the western portions of Riverside
County that drain to the coast and coastal counties in Southern California.
Table A.1. Average Annual Rainfall by Regional Water Board
Jurisdiction/Watershed
Region/watershed Average Annual Rainfall (inches)
R8/Santa Ana 12.0
R9/Santa Margarita 15.5
R4/Los Angeles County 13.2
R9/San Diego County 10.8
R7/Whitewater 3.6
• In addition to the overall lack of precipitation there is no defined Rainy (Wet)
Season within the Whitewater River Watershed. Convective rainfall events
(summer thunderstorms) make up a large portion of Whitewater River Region
annual rainfall, in contrast to the general winter precipitation that dominates
rainfall events in western Riverside County and the coastal plains. When
storms occur, they tend to be discrete convective cells, and feature short but
intense rainfall, typical of monsoonal thunderstorms; individual storm events
typically are local and rarely affect the entire drainage network.
Land Use
• Approximately 33 percent6 of the Whitewater River Region is comprised of
urban land uses (residential, commercial, industrial parks and recreation
facilities and streets and roads). Although portions of the Whitewater River
Region experienced rapid growth from 2000 through 2006, the economic
recession has resulted in little development or population growth since adoption
of the 2008 MS4 Permit. It is projected that the population of the Whitewater
River Region will increase approximately 6.7 percent by 2015.7 Assuming that
the Whitewater River Region's population and urbanized areas increase at a
proportional rate, approximately 65 percent of the MS4 Permit area would
remain in non-urban land uses in 2015.
• Approximately 60 percent of the Whitewater River Watershed consists of
federal, state, and tribal lands8 that are not under the jurisdiction of the
Permittees.
5 Water Quality Control Plan, Colorado River Basin – Region 7, California Regional Water Quality Control Board, State
Water Resources Control Board. June 2006, p. 1-8. 6 County of Riverside Assessor, current as of February, 2013. 7 California Department of Finance at http://www.dof.ca.gov/research/demographic/reports/projections/interim/view.php,
Riverside County Center for Demographic Research at
http://www.rctlma.org/rcd/content/projections/PHEProjections_2010.pdf June 2010 8 County of Riverside Assessor, current as of February, 2013.
NPDES CAS617002 11 Order No. R7-2013-0011
A. FINDINGS
Soils and Geology
• The Whitewater River Region is located in a wide valley; perennial stream
flows from surrounding mountains have deposited bouldery alluvial fans
comprised of loosely packed, highly pervious soils where they have interfaced
with the flat valley floor. Field inspections and inspection of aerial photography
demonstrate that most of the development in the Whitewater River Region
has occurred at or near the base of the mountains, on or near historical alluvial
fans9.
• Alluvial-fan flash flooding from the surrounding mountain ranges has been
recorded in the Whitewater River Region, beginning as early as 1825.10
Many of the Receiving Waters tributary to the Whitewater River, which
historically have not featured concentrated stream flows due to their location on
alluvial fans have been captured by existing flood control works at the alluvial
fan apex and channelized to mitigate flood hazards to Whitewater River
Region life and property.11
• The predominant soil types within the Whitewater River Region are classified
as Carsitas and Myoma.12 These sands are extremely pervious, and promote
rapid infiltration of runoff.
• The southeastern portion of the Whitewater River Region, which includes
sections of Indio, La Quinta, Coachella and unincorporated County area, sits
atop a shallow subterranean clay lens; typical for the most downstream reach
of an ephemeral waterbody. These portions of the Whitewater River Region
feature shallow depth to groundwater.13
• Due to the small percentage of the Whitewater River Watershed and the
Whitewater River Region in urban land uses, Permittee requirements for New
Developments to retain Urban Runoff, and natural soil conditions, Urban
Runoff constitutes a minor percentage of the total flow in the Whitewater River
during storm conditions. During non-storm conditions, Urban Runoff
discharges to Receiving Waters in the Whitewater River Region are also
relatively minor based on flow volume.
Hydrology
• The Whitewater River is the major drainage course in the Whitewater River
Hydrologic Unit Planning Area, and is defined in the Basin Plan as the reach
from the headwaters in the San Gorgonio Mountains to (and including) the
Whitewater recharge basins near the Indian Canyon Drive crossing in the City
of Palm Springs. The reach of the Whitewater River from the Whitewater
recharge basins near Indian Canyon Drive to the CVSC near Indio is defined as
a Wash (Intermittent or Ephemeral Stream) in the Basin Plan. Tributary
9 Riverside County Flood Control, March 2013. 10 Discussion excerpted from Coachella Valley Integrated Regional Water Management Plan. Prepared by
Coachella Valley Regional Water Management Group. December 2010. Available at www.cvrwmg.org. 11 Riverside County Flood Control, March 2013.
12 “Soils of the Coachella Valley.” Coachella Valley Water District.
http://www.cvwd.org/conservation/soils.php
13 California Department of Water Resources, Coachella Valley Investigation, Bulletin 108, July 1964.
NPDES CAS617002 12 Order No. R7-2013-0011
A. FINDINGS
Receiving Waters to this reach exhibit perennial flow in the surrounding
mountains, but because of diversions and percolation into the basin, these
perennial flows typically infiltrate, evaporate or are consumed through
evapotranspiration before reaching the Whitewater River Region.
• Within the Whitewater River Region, the Whitewater River and its tributaries
are dry ephemeral washes. Due to soil type and lack of interflow contributions,
time and volume of flow in Receiving Waters after storm events are minimal.
Flow in the Whitewater River downstream of the Whitewater recharge basins is
so infrequent that several sections of the channel have been integrated into golf
courses.
• While developing the 2012 ROWD, the Permittees aggregated and reviewed
rainfall and United States Geological Survey (USGS) flow data for Palm
Canyon Creek, a Receiving Water tributary to the Whitewater River, located in
the City of Palm Springs. Twenty-three years of data showed that the reach of
Palm Canyon Creek located within the Whitewater River Region exhibited
flow due to discharges of Urban Runoff from the urbanized area, an average
of less than 1 percent of the days of each year.14
• The CVSC is the 25 mile long, constructed downstream extension of the
Whitewater River channel, beginning west of Washington Street in La Quinta
and ending on the north shore of the Salton Sea. The lower 17-mile reach of
the CVSC is the only surface waterbody in the Whitewater River Region that
features perennial flow; these flows are dominated by effluent from NPDES-
permitted POTW discharges, rising groundwater, and agricultural return flows.15
• CVWD operates and maintains the CVSC and the regional subsurface drainage
collection system for the Coachella Valley, which drains to the CVSC. General
information from CVWD’s 2011 Annual Review and Water Quality Report states
approximately 251,249 acre feet of water was provided for irrigation.
Approximately one-third of the applied volume is water that drains to the
subsurface drainage collection system to the CVSC.
• Within the Whitewater River Region, both the Whitewater River and the CVSC
are stabilized, engineered and maintained dry washes. Although the
Whitewater River follows the general path of the historic waterbody, there was
no pre-existing dry wash for the CVSC. Channel design capacity attenuates as
the river moves through the MS4 Permit area. The Standard Project Flood
(SPF)16 peak discharge is approximately 86,000 cubic feet per second (cfs) at
Windy Point within the Whitewater River, and 82,000 cfs at Washington Street
in La Quinta, where the CVSC begins. The SPF peak discharge for the CVSC
14 Report of Waste Discharge, November 23, 2012. Whitewater River Region Permittees. 15 U.S. Geological Survey National Streamflow Information Program; California Regional Water Quality
Control Board, Colorado River Basin, Basin Plan, Table 2-3; Coachella Valley Final Water Management
Plan, September 2002; Coachella Valley Water Management Plan 2010 Update, Draft Report,
December 2010. 16 Whitewater River Basin Feasibility Report for Flood Control and Allied Purposes, San Bernardino and
Riverside Counties, California. Appendix 1, Hydrology. U. S. Army Corps of Engineers, May 1980.
NPDES CAS617002 13 Order No. R7-2013-0011
A. FINDINGS
is 67,000 cfs at the outlet to the Salton Sea.17 The Whitewater River and
CVSC are designed to convey these flows with a minimum of 1 foot of
freeboard.
Colorado River Region Basin Plan
31. The Basin Plan, as amended to date, designates the Beneficial Uses of ground
and surface waters in the Colorado River Basin Region. The Whitewater River
Region lies within the Whitewater River Hydrologic Unit Planning Area.
32. The majority of surface water bodies within the Whitewater River Region are
designated as Washes. These include the Whitewater River, starting from the
Whitewater recharge basins located west of the City of Palm Springs and
extending to the upstream channel reach located one-quarter mile west of the
Monroe Street crossing near the City of Indio. The majority of the urban area in
the Whitewater River Region drains into this reach of the Whitewater River. The
Permittee’s MS4 facilities drain into the following Washes:
• Smith Creek
• Montgomery Creek
• West Cathedral Canyon Channel
• East Cathedral Canyon Channel
• West Magnesia Canyon Channel
• East Magnesia Canyon Channel
• Palm Valley Storm Water Channel
• Deep Canyon Storm Water Channel
• Bear Creek
• La Quinta Resort Channel
• La Quinta Evacuation Channel
• Whitewater River from Whitewater recharge basins to the CVSC
The designated Beneficial Uses for the aforementioned Washes are Freshwater
Replenishment (FRSH), Groundwater Recharge (GRW), Non-contact Water
Recreation (REC 2) and Wildlife Habitat (WILD). Each of the uses in these
Washes are identified as being intermittent, meaning that they are only applicable
if flows are sufficient to support those uses.
33. The Permittees also own and operate MS4 facilities that discharge Urban Runoff
into the following surface water bodies, which have additional designated
Beneficial Uses:
a. Mission Creek
b. San Gorgonio River
c. Whitewater River
d. Tahquitz Creek
e. Palm Canyon Creek
17 Flow in the CVSC decreases over distance travelled towards the Salton Sea due to infiltration in the
unlined channel
NPDES CAS617002 14 Order No. R7-2013-0011
A. FINDINGS
f. Little Morongo Creek
g. CVSC
Beneficial Uses for these specific water bodies are identified and summarized in
the following table. In addition to the Beneficial Uses described above, these
include Municipal and Domestic Supply (MUN), Agriculture Supply (AGR),
Aquaculture (AQUA), Industrial Service Supply (IND), Water Contact Recreation
(REC 1), Warm Freshwater Habitat (WARM), Cold Freshwater Habitat (COLD),
Hydropower Generation (POW) and Preservation of Rare, Threatened or
Endangered Species (RARE). Note that existing Beneficial Uses are designated
by X; potential Beneficial Uses are designated by P, and intermittent uses by I:
Waterbody MU
N
AG
R
AQ
U
A
FR
S
H
IN
D
GW
R
RE
C
1
RE
C
2
WA
R
M
CO
L
D
WI
L
D
PO
W
RA
R
E
Location
CVSC18 X X19 X20 X X X21
Perennial reach from
approx. Dillon Road to
Salton Sea
Little Morongo
Creek P X X X X X X
Palm Canyon Creek P X X X X X X
San Gorgonio River P X X X X X X
Tahquitz Creek P X X X X X
Whitewater River22 X X X X X I X X X
From headwaters to
Whitewater Recharge
Basins
Washes23
(Ephemeral
Streams)
I24 I I 25 I
Whitewater River and
CVSC from Indian
Canyon Dr. to
approximately ¼ mile
west of Monroe Street
crossing.
34. Numeric and narrative WQOs exist for the Receiving Waters in the Whitewater
River Region. It is not feasible or appropriate at this time to establish Numeric
Effluent Limitations due to the variability in the quality, quantity, and complexity
18 Section of perennial flow from approximately Indio to the Salton Sea. 19 Unauthorized use.
20 Unauthorized use. 21 Rare, endangered or threatened wildlife exists or utilizes these waterway(s). If the RARE Beneficial Use
may be affected by a water quality control decision, responsibility for substantiation of the existence of
rare, endangered or threatened species on a case-by-case basis is upon the California Department of
Fish and Game on its own initiative and/or at the request of the Regional Water Board; and such
substantiation must be provided within a reasonable time frame as approved by the Regional Water
Board. 22 Includes the section of flow from the headwaters in the San Gorgonio Mountains to (and including) the
Whitewater recharge basins near Indian Avenue crossing in Palm Springs. 23 Washes – Intermittent or Ephemeral Streams, including the section of ephemeral flow in the Whitewater
River and the CVSC from Indian Canyon Drive to approximately ½ mile west of Monroe Street crossing. 24 Applies only to tributaries to Salton Sea.
25 Use, if any, to be determined on a case-by-case basis.
NPDES CAS617002 15 Order No. R7-2013-0011
A. FINDINGS
of Urban Runoff. Moreover, the impact of Urban Runoff discharges on the
quality of Receiving Waters has not been fully determined.
35. Therefore, the Effluent Limitations contained in this MS4 Permit are narrative
and include the SWMP’s requirement to implement appropriate BMPs. The
narrative Effluent Limitations constitute compliance with the requirements of the
CWA and can be found in Section B. DISCHARGE PROHIBITIONS, Section D.
RECEIVING WATER LIMITATIONS and Section G. IMPLEMENTATION OF
TOTAL MAXIMUM DAILY LOADs of this MS4 Permit.
CWA Section 303(d) Listed Waterbodies and Total Maximum Daily Loads (TMDLs)
36. Section 305(b) of the CWA requires USEPA and each state that has been
delegated NPDES Permitting authority to routinely monitor and asses the quality of
waters in their respective regions. If this assessment indicates that Beneficial
Uses are not met, then the waterbody must be listed under Section 303(d) of the
CWA as an Impaired Waterbody.
37. On October 11, 2011 the USEPA issued its final decision regarding the water
bodies and pollutants added to the California 303(d) List. Within the MS4 Permit
area, the CVSC has been identified as impaired for pathogens in that portion from
Dillon Road to the Salton Sea. The source of these pollutants is unknown.
38. Federal regulations require that a TMDL be established for each 303(d) listed
waterbody for each of the Pollutants causing Impairment. The TMDL is the total
amount of a Pollutant that can be discharged to a subject waterbody, while still
enabling the waterbody to attain Water Quality Standards (WQSs) in the
Receiving Water. Attaining WQSs means that the receiving waterbody’s Water
Quality Objectives (WQOs) are met and its Beneficial Uses are protected. The
TMDL is the sum of the individual Waste Load Allocations (WLAs) for point
source inputs, Load Allocations (LAs) for Non-Point Source inputs and natural
background, and a margin of safety. The TMDLs are one of the bases for
limitations established in Waste Discharge Requirements (WDRs).
39. The Regional Water Board adopted a Basin Plan amendment incorporating the
CVSC Bacterial Indicators TMDL of Escherichia coli (E. coli) on May 16, 2007, and
as further modified on June 17, 2010. The TMDL was subsequently approved by
the State Board on July 19, 2011, approved by the Office of Administrative Law on
February 2, 2012 and approved by USEPA on April 27, 2012. The USEPA
approved the TMDL on the condition that the Basin Plan would be subsequently
amended to reduce the number of bacterial indicators from three (fecal coliform,
enterococci, and E. coli) to just the single indicator of E. coli to be consistent with
the approved CVSC Bacterial Indicators TMDL.
40. The Regional Water Board satisfied that USEPA condition by amending the
Basin Plan to specify E. coli as the sole bacterial indicator for the CVSC. This
amendment was approved by the Regional Water Board on June 17, 2010, the
State Board on July 19, 2011, the Office of Administrative Law on February 2,
2012 and the USEPA on April 27, 2012.
NPDES CAS617002 16 Order No. R7-2013-0011
A. FINDINGS
41. The CVSC Bacterial Indicators TMDL established limits for bacterial source
indicators for the CVSC from Dillon Road to the Salton Sea. The CVSC Bacterial
Indicators TMDL Source Analysis identified MS4 operated by the City of Coachella
as a potential source of bacterial indicators.
42. The CVSC Bacterial Indicators TMDL specifies WLAs for Point Sources including
the City of Coachella’s MS4, CalTrans, Valley Sanitary District wastewater
treatment plant, Coachella Sanitary District wastewater treatment plant, and Mid-
Valley Water Reclamation Plant; as well as LAs for agricultural runoff, federal
lands, tribal lands and septic systems. To protect REC-I Beneficial Uses, the
TMDL has specified a WLA for E. coli.
43. The CVSC Bacterial Indicators TMDL specifies that if it is to be implemented in the
Whitewater River Watershed MS4 Permit, Water Quality Based Effluent Limits
(WQBELs) are to be expressed as narrative management practices rather than
direct application of Numeric Effluent Limitations.
44. The City of Coachella has proactively implemented structural Best Management
Practices (BMPs) to effectively infiltrate all Dry Weather Urban Runoff prior to
reaching MS4 Outfalls regulated by the CVSC Bacterial Indicators TMDL. These
structural BMPs were completed in 2011 with additional modifications planned to
improve the effectiveness of the Avenue 52 outfall controls. These BMPs ensure
that there are no discharges from the City’s MS4 during Dry Weather.
45. The CVSC Bacterial Indicators TMDL Implementation Plan is divided into two
phases. Phase I actions will take three years to complete and focus on monitoring
and addressing bacterial indicators associated with wastewater discharges from
MS4 and other NPDES facilities. If E. coli WQOs are not achieved by the end of
Phase I, Regional Water Board staff will implement additional actions to control E.
coli sources in Phase II (within seven years after the end of Phase I). Section 2.3
of the CVSC Bacterial Indicators TMDL states:
“If monitoring and assessment in Phase I indicate that waste discharges to
the CVSC from anthropogenic activities violate this TMDL, and that
violations persist despite recommended operation and maintenance
procedures and control measures in existing permits, the Regional Water
Board shall require the implementation of additional actions to control
anthropogenic sources of bacteria in Phase II. The Regional Water Board
will require the responsible parties to select and implement new/additional
management practices for Phase II, following characterization of these
sources and a determination of whether these sources can be controlled.
This determination shall take into consideration background conditions and
cost factors. The Regional Water Board may revise MS4 permit water
quality based effluent limitations, which may be expressed in terms of
narrative management practice (MP) requirements. The Regional Water
Board may also consider revising WQOs for CVSC to address natural
background sources of bacteria….”
NPDES CAS617002 17 Order No. R7-2013-0011
A. FINDINGS
Water Quality Based Effluent Limitations (WQBELs) and TMDL WLA
46. In Defenders of Wildlife, et al v. Browner, 191 F .3d 1159 (9th Cir. 1999), the court
held, based on principles of statutory interpretation, that the 1987 Water Quality
Act amendments to the CWA does not require municipal storm-sewer discharges
to comply strictly with State WQSs for MS4 permits under section 301(b)(1)(C), but
that such compliance may be included at the discretion of the permitting agency
(id., 191 F.3d at 1165). The Court explained that the language in section
402(p)(3)(A), which addresses discharges of storm water associated with industrial
activity, and section 402(p)(3)(A), which addresses discharges from municipal
storm-sewers, was unambiguous and showed Congress’ intent to apply different
requirements for these two types of storm water discharges. In particular, the
Court noted that section 402(p)(3)(A) requires industrial storm water discharges to
comply with all requirements of section 402(p) and section 301, which includes the
requirement that such discharges “shall ... achiev[e] ... any more stringent
limitation, including those necessary to meet water quality standards” (id., 191 F.3d
at 1165). In contrast, the Court observed that section 402(p)(3)(B) requires
municipal storm-sewer discharges to comply with a completely different set of
standards, which does not include a specific reference to section 301. Thus, the
Court held that the language in section 402(p)(3)(B)(iii), which requires “controls to
reduce the discharge of pollutants to the Maximum Extent Practicable [MEP],
including management practices, ..., and such other provisions as the [EPA]
Administrator ... determines appropriate for the control of such pollutants,”
unambiguously showed that Congress gave the EPA Administrator discretion to
determine what pollution controls are appropriate (id., 191 F.3d at 1166). The
Court commented that the EPA has exercised that discretion for municipal storm-
sewer discharges by adopting an interim approach, which uses BMPs to provide
for the attainment of water quality standards (id., 191 F.3d at 1166). Federal
implementing regulations at 40 CFR 122.44(k)(3) specifically allow the use of
BMPs to control or abate the discharge of Pollutants when Numeric Effluent
Limitations are infeasible or when practices are reasonably necessary to achieve
Effluent Limitations and standards or to carry out the purposes and intent of the
CWA. The legislative history and the preamble to the federal storm water
regulations indicate that Congress and USEPA were aware of the difficulties in
regulating Urban Runoff solely through traditional end-of-pipe treatment. It is the
Regional Water Board’s intent to require the Permittees to implement BMPs
consistent with the MEP standard in order to support attainment of WQSs. This
MS4 Permit includes Receiving Water Limitations based on WQOs; it prohibits
causing a condition of Nuisance and requires the reduction of WQSs impairment
in Receiving Waters. This MS4 Permit includes a procedure for evaluating
whether the SWMP must be revised to include additional or more effective BMPs
designed to meet WQSs. This MS4 Permit establishes an iterative process to
determine compliance with Receiving Water Limitations.
47. Federal regulations (40 CFR 122.44(d)(1)(vii)(B)), to the extent applicable to
municipal Stormwater permits, require inclusion of Effluent Limitations that are
“consistent with the assumptions and requirements of any available WLA for the
discharge prepared by the State and approved by USEPA.” Consistent with this
requirement, this MS4 Permit includes BMP-based interim WQBELs. This MS4
NPDES CAS617002 18 Order No. R7-2013-0011
A. FINDINGS
Permit additionally includes BMP-based final WQBELs which are based on the
WLA for the CVSC Bacterial Indicators TMDL. This MS4 Permit includes
requirements to develop and implement control measures necessary to achieve
WLAs by the deadlines specified in the CVSC Bacterial Indicators TMDL.
48. Consistent with the CVSC Bacterial Indicators TMDL Implementation Plan, the City
of Coachella submitted a monitoring program to the Regional Water Board on
January 6, 2013. The CVSC Bacterial Indicators TMDL requires the City of
Coachella to implement the monitoring program, upon approval, and submit a
report on January 31, 2016 (with Permittee Annual Reports) indicating whether
Urban Runoff violates the City of Coachella’s WLA, whether the sources of
violation are controllable and recommendations for additional BMPs that are
appropriate given background conditions, cost factors and the status of Regional
Water Board efforts to revise WQOs for the CVSC to address the City of
Coachella’s WLA (the 2016 QAPP).
49. These WQBELs are consistent with the assumptions and requirements identified
in the TMDL Implementation Plans adopted with the TMDLs because the BMPs
are expected to be sufficient to meet the WLAs by the compliance dates. The
CVSC Bacterial Indicators TMDL, relies on this MS4 Permit to implement the
WLA for the City of Coachella.
Compliance Schedules and Interim Requirements
50. Consistent with the State Board’s Compliance Schedule Policy (Resolution No.
2008-0025), this MS4 Permit incorporates interim and final Effluent Limits, where
applicable. Additionally, since the TMDL compliance dates are outside the term of
this MS4 Permit, it is also appropriate to require Permittees subject to TMDL
compliance dates that are outside the term of this MS4 Permit to monitor and
report the effectiveness of BMPs implemented in the MS4 Permit area to evaluate
progress towards attainment of WLA by the time schedules specified in the
adopted TMDL. This MS4 Permit includes the schedules for deliverables as part of
the TMDL Implementation Plan as well as a requirement to monitor the
effectiveness of BMPs in the MS4 Permit area in reducing Pollutant discharges
and to report progress towards compliance with the TMDL WLA by the compliance
dates.
Whitewater River Region Water Quality
51. Neither the Whitewater River nor its tributaries are CWA 303(d) listed as Impaired
Waterbodies for any Pollutant within the Whitewater River Region. Most of the
waterbodies assessed within the Whitewater River Region for inclusion into
USEPA’s most current 305(b) Report have been identified as having good water
quality. Waterbodies listed as threatened or impaired do not identify Urban
Runoff as a source.
NPDES CAS617002 19 Order No. R7-2013-0011
A. FINDINGS
Table A.2. 305(b) Report Information for the Whitewater River Region26
Waterbody Name
Type of
Waterbody
Size
Units
Water Quality Status
Whitewater River River 25 Miles Good
Big Morongo Creek River 15 Miles Good
Little Morongo Creek River 15 Miles Good
CVSC River 17 Miles
Impaired (Cause:
Pathogens; Probable
Source: Unknown)
Falls Creek River 5.74 Miles Good
Millard Canyon Creek River 5 Miles Good
Mission Creek River 15 Miles Good
Snow Creek (Riverside
County) River 3.3 Miles Good
Tahquitz Creek River 13.21 Miles
Threatened (Cause:
Pathogens; Probable
Source: Agriculture)
Twin Pines Creek River 3 Miles
Threatened (Cause:
Pathogens; Probable
Source: Agriculture)
52. Permittee Outfall and Receiving Water monitoring data gathered during Wet and
Dry Weather events during the past two MS4 Permit terms show that most
conventional pollutants, including but not limited to nutrients, oil and grease,
detergents, ammonia and nitrates, were not observed in exceedance of Receiving
Water Quality Objectives listed in the Basin Plan.
53. As required by the 2001 and 2008 MS4 Permits, the Permittees performed water
quality monitoring at the Upper Whitewater River Receiving Water monitoring
station to “assist with determination of natural background concentrations of field
parameters and constituents of concern that may also be found in Urban Runoff.”
Monitoring data from this location revealed elevated levels of Lead and Chromium,
in amounts which exceed Water Quality Objectives, during Wet Weather
conditions only. These constituents have also been found to be present in natural
deposits and groundwater throughout the Whitewater River Region.27,28
54. Permittee MS4 Outfall and Receiving Water monitoring data gathered over three
MS4 Permit terms show that Priority Pollutant constituents have either never
been detected, or have rarely been detected in the Whitewater River Region.
Therefore, the requirement for analyses of Priority Pollutants has been
eliminated from this MS4 Permit.
26United States Environmental Protection Agency. “Watershed Quality Assessment Report.”
http://ofmpub.epa.gov/tmdl_waters10/attains_watershed.control?p_huc=18100200&p_state=CA&p_cycle=2004&p_rep
ort_type=A 27 Coachella Valley Water District. 2011 Domestic Water Quality Report. 2011.
28 Presser, Theresa, Sylvester, Marc, and Low, Walton. Bioaccumulation of Selenium from Natural Geologic
Sources in Western States and Its Potential Consequences. Environmental Management Vol. 18, No. 3,
pp.423-436. Springer-Verlag, 1994.
NPDES CAS617002 20 Order No. R7-2013-0011
A. FINDINGS
Objectives of this MS4 Permit
55. Consistent with State Board orders, this MS4 Permit requires the Permittees to
comply with applicable WQSs through an iterative approach, requiring the
implementation of increasingly more effective BMPs until WQSs are being met.
Aside from issues relating to the lower reach of the CVSC, which is being
addressed through a TMDL, Beneficial Uses in Whitewater River Region
Receiving Waters have been protected since MS4 Permit program inception.
Therefore, the objectives of this MS4 Permit are to:
a. Renew Board Order No. R7-2008-0001 NPDES No. CAS617002, which
regulates Urban Runoff within the Whitewater River Watershed;
b. Regulate the discharge of Potential Pollutants in Urban Runoff that
discharge to surface waters in the Whitewater River Region.
c. Implement regulatory requirements prescribed in the Water Quality
Control Plan for the Colorado River Basin Region of California (Basin
Plan), and requirements of Section 402(p) of the CWA and Title 40
Code of Federal Regulations (40 CFR) Part 122; and
d. Require implementation of preventative measures to assure
maintenance of existing Receiving Water quality within the Whitewater
River Region.
Federal NPDES Storm Water Regulations
56. Federal regulations for Phase I MS4 Storm Water discharges were promulgated
by the USEPA on November 16, 1990 (40 CFR Parts 122, 123, and 124) and
apply to the discharge regulated by this MS4 Permit.
57. Pursuant to Section 402 of the CWA and Section 13370 of the CWC, the USEPA
approved the California State Program to issue and enforce NPDES permits for
discharges to surface Waters of the State. Section 405 of the Water Quality Act
of 1987 added Section 402(p) to the CWA, which requires the USEPA to develop a
phased approach to regulate Storm Water discharges under the NPDES program.
58. Section 402(p)(2)(C) of the CWA requires the issuance of NPDES permits for
Storm Water discharges from MS4s serving a population of 250,000 or more or
serving populations between 100,000 to 250,000.
59. Section 402(p) of the CWA and the Phase 1 rule require NPDES permits for MS4s
to include a requirement to effectively prohibit Non-Storm Water discharges into
MS4s unless such discharges are either authorized by a separate NPDES permit
or not prohibited in accordance with Section C. ALLOWABLE NON-STORM
WATER DISCHARGES of this MS4 Permit. The requirement in the CWA to
reduce Pollutants to the MEP provides a minimum level of water quality
protection. The State may develop WQS more stringent than those required by the
CWA.
NPDES CAS617002 21 Order No. R7-2013-0011
A. FINDINGS
60. Title 40 CFR Section 122.26 requires a proposed management program that
covers the duration of this MS4 Permit. It must include a comprehensive planning
process that involves public participation and, where necessary, intergovernmental
coordination to reduce the discharge of Pollutants to the MEP using management
practices, control techniques, and system, design, and engineering methods, and
such other provisions that are appropriate. The proposed management program is
described in the Whitewater River Region SWMP. The proposed management
program shall include a description of Structural and Source Control BMPs to
reduce Pollutants discharged from Urban Runoff into the MS4 that are to be
implemented during the term of this MS4 Permit.
Mitigation of Urban Runoff
61. Pollutants may be reduced in Urban Runoff by the appropriate application of
Pollution Prevention, Source Control, and Treatment Control BMPs to the
MEP.
62. This MS4 Permit provides flexibility for Permittees to request approval by the
Executive Officer to substitute a BMP under this MS4 Permit with an alternative
BMP, if they can provide information and documentation on the effectiveness of
the alternative, equal to or greater than the prescribed BMP in meeting the
objectives of this MS4 Permit.
New Development/Redevelopment
63. Permittees with land use authority authorize urbanization and land uses that may
generate Pollutants and runoff, which can contribute to the impairment of
Receiving Waters. Therefore, the Permittees can also exercise their legal
authority to require implementation of BMPs to the MEP, such that New
Development/Redevelopment projects do not result in increases in Pollutant
loads, and flows do not further degrade Receiving Waters.
64. Urban development has three major phases: (1) land use planning for New
Development; (2) construction; and (3) the current land use or existing
development phase. Because the Permittees with land use authority authorize
each of these phases, they have commensurate responsibilities to protect
Receiving Water quality to the MEP during each phase.
65. On October 5, 2000, the State Water Board adopted Order No. WQ-2000-11,
Standard Urban Storm Water Mitigation Plans (SUSMPs), which is a precedential
order. Order No. WQ-2000-11 determined that requiring Urban Runoff generated
by the 85th percentile storm events from specific types of development categories
be infiltrated, filtered or treated was consistent with MEP. The essential elements
of this precedential order were incorporated into the 2008 MS4 Permit, and are
incorporated herein. In accordance with the requirements specified in the 2008
MS4 Permit, the Permittees developed a model Water Quality Management
Plan (WQMP) and template.
NPDES CAS617002 22 Order No. R7-2013-0011
A. FINDINGS
66. Requirements for post-construction Stormwater controls have been implemented
in the Whitewater River Region for many years. As detailed in Table A-3 below,
through ordinance or municipal code, the cities of Cathedral City, Indio, La Quinta,
Palm Desert, Palm Springs and Rancho Mirage have required specified New
Developments to retain and infiltrate runoff on-site to mitigate increased runoff
and downstream impacts many years prior to development and implementation of
the post-construction requirements found in the 2008 MS4 Permit.
Table A.3. Permittees with Ordinances for On-site Retention Adopted Prior to
Implementation of 2008 MS4 Permit Post-Construction Requirements
Permittee Ordinance Description Storm Event (Required Design
Capture Volume)
Cathedral
City
Title 8, Sec.
8.24.070
Applies to development of all land
within the City, with certain
exceptions.
100% retention of the 100-year,
3-hr event
Indio Title XV: Land
Usage,
Sec.162.140
Projects one-acre or greater 100% retention of the 100-year,
24-hr event
La Quinta Title 13, Sec.
13.24.120
Applies to development of all land
within the City, with certain
exceptions.
100% retention of the 100-year,
24-hr event
Palm Desert Ordinance
#1247
Development and Re-development
projects one acre or greater
100% retention of the 100-year,
24-hr event
Palm
Springs
Ordinance
#1768
Hillside residences and
commercial projects over 2 acres,
in drainage areas that are less
than 70% developed.
Retain the difference between
most conservative 100-year storm
in the developed condition and
the pre-development condition
Rancho
Mirage
Title 15, Sec.
15.64.140
Properties one-acre or greater
located north of Whitewater River
100% retention of the 100-year,
24-hr event
67. Since development of the Whitewater River Region WQMP, more Permittees (in
addition to those listed in Table A.3 above) have implemented ordinances that
require developments to retain Stormwater volumes or flows in excess of the 85th
percentile storm event required by the WQMP.
Table A.4. Permittees with Ordinances Requiring On-Site Retention of
Stormwater Volumes/Flows Greater than WQMP Requirements
Permittee Ordinance Description Storm Event (Required Design
Capture Volume)
Banning Ordinance
#1415
Requirement for all Priority
Development Projects
100% retention of the 100-year,
3-hr event
Coachella Ordinance
#1014
Requirement for all Priority
Development Projects
100% retention of the 100-year,
24-hr event
Desert
Hot
Springs
Ordinance No.
1997-03,
Section
13.08.100
Applies to New Development and
Redevelopment, with certain
exceptions
100% retention of post-
development runoff, based on the
100-year, 24 hour event
NPDES CAS617002 23 Order No. R7-2013-0011
A. FINDINGS
68. Location of urbanized areas on alluvial fans comprised of pervious soils, low
annual rainfall, low density of development, minimal vegetative cover, constructed
flood control improvements, Permittee requirements for on-site retention, and
WQMP requirements for New Development and Redevelopment all combine to
limit potential impacts of Urban Runoff on the Whitewater River Region natural
drainage system. The WQMP requires identification of Hydrologic Conditions of
Concern (HCOC). An HCOC may exist when a New Development or Re-
development site’s hydrologic regime is altered and results in significant impacts
on downstream channels and, where they may exist, aquatic habitats. Currently,
New Development and Redevelopment projects are required to perform this
assessment and incorporate appropriate BMPs to the MEP to ensure existing
hydrologic conditions are maintained.
69. LID techniques promote the reduction of impervious areas which may achieve
multiple environmental and economic benefits. This MS4 Permit requires
Permittees to continue to implement the per project measurable goal of
addressing 100% of the WQMP Treatment Control BMP requirement through
implementation of Site Design/LID BMPs.
70. Some LID concepts are not compatible with water efficient landscape ordinances
adopted throughout the Whitewater River Region. Such ordinances include
requirements for xeriscaping, and implementation of water budgets and desert
tolerant landscape standards.
71. Certain BMPs implemented or required by Permittees for urban runoff
management may create a habitat for vectors (e.g., mosquitoes and rodents) if not
properly designed or maintained. Close collaboration and cooperation among the
Permittees, local vector control agencies, Regional Water Board staff, and the
California Department of Public Health is necessary to identify and implement
appropriate vector control measures that minimize potential nuisances and public
health impacts resulting from vector breeding.
72. This MS4 Permit requires the Permittees to review and approve covenants,
conditions and restrictions (CC&Rs) or other mechanisms to ensure proper long-
term operation and maintenance of post-construction BMPs.
Illicit Connection/Illegal Discharge (IC/ID)
73. This MS4 Permit requires the Permittees to continue to implement the BMPs
listed in the approved SWMP, and to continue to effectively prohibit IC/IDs to the
MS4. One of the major elements of the SWMP is a Storm Water/Urban Runoff
Management and Discharge Control Ordinance. The Permittees with land use
authority have adopted such an ordinance as well as ordinances addressing
Grading and Erosion control (collectively, the "Storm Water Ordinance"). The
purpose of each Storm Water Ordinance is to prohibit Pollutant discharges in the
MS4 and to regulate IC/IDs and Non-Storm Water discharges to the MS4.
74. The Permittees have implemented programs to control litter, trash, and other
anthropogenic-sourced materials from Urban Runoff. In addition to municipal
NPDES CAS617002 24 Order No. R7-2013-0011
A. FINDINGS
ordinances prohibiting littering, the Permittees will continue to implement these
programs, and continue organizing and implementing other programs to reduce
litter and IC/IDs, such as solid waste collection programs, Household Hazardous
Waste (HHW) collections, Hazardous Material spill response, catch basin
Cleaning, street sweeping, and recycling programs. These programs are intended
to work together to address urban sources and reduce Pollutants in Urban
Runoff to the MEP. This MS4 Permit includes requirements for the continued
implementation of programs for litter, trash, and debris control.
75. This MS4 Permit requires the Permittees to continue to implement routine
inspection and monitoring and reporting programs for IC/IDs to their MS4 facilities.
Due to the ephemeral nature of the Whitewater River Region during Dry
Weather conditions, IC/IDs to Receiving Waters from MS4 outfalls can be
identified by field inspections. Therefore, this MS4 permit also requires, in part,
that the Permittees’ Dry Weather monitoring program focus on field identification
and elimination of IC/IDs.
76. There are several local, regional and watershed-wide efforts underway to reduce
Dry Weather discharges to Whitewater River Region MS4 facilities, of which the
Permittees are active participants. These efforts include, but are not limited to:
• The County, and all water suppliers within the Whitewater River Region,
including CVWD, Desert Water Agency (DWA), Mission Springs Water District
(MSWD), Coachella Water Authority (CWA), Indio Water Agency (IWA), and
the City of Banning Water Utility, have adopted water efficient landscape
ordinances which are either as stringent as, or are more stringent than, the
State’s model water efficient landscape ordinance.
Development projects within the Whitewater River Region must demonstrate
compliance with the landscape standards described in respective ordinances to
receive water service. The standards include, but are not limited to: site plan
check/approval for compliance with water allowances and requirements for
drought tolerant plants, water budget components which establish the amount
of water that can be used on particular landscapes, and encouraging retention
of Stormwater and prevention of runoff.
• CVWD, CWA, and the City of Banning Water Utility have implemented tiered
water usage rates.
• DWA, IWA and the City of Banning Water Utility have implemented water waste
prohibitions, conduct water use audits, and/or enforce against negligent water
usage.
• CVWD, CWA, DWA, MSWD, and the IWA offer water conservation incentive
programs, including offering rebates for: turf removal, sprinkler upgrades, and
other water efficient irrigation measures.
• The Coachella Valley Regional Water Management Group (CVRWMG) is a
collaborative effort led by the five water purveyors of the Coachella Valley
NPDES CAS617002 25 Order No. R7-2013-0011
A. FINDINGS
(CVWD, CWA, DWA, IWA, and MSWD) to develop an Integrated Regional
Water Management Plan (IRWMP) to address the water resources planning
needs of the Valley; each of the Coachella Valley Permittees were planning
partners in development of the IRWMP. The IRWMP, which was finalized in
December 2010, enables the CVRWMG to apply for grants related to the
IRWMP program led by the California Department of Water Resources.
In July 2012, the CVRWMG was awarded a $4,000,000 Proposition 84 grant to
use towards implementation of a Regional Water Conservation Program.
Program features include: implementation of a water auditing program,
workshops for landscape professionals, incentives for turf replacement,
subsidies for irrigation clocks, increased public education and outreach,
subsidization of residential sprinkler upgrades and a residential leak detection
program. The term for this program will end on December 31, 2017.
Private Construction Activities
77. Construction activities may be a significant cause of Receiving Water impairment
in California. Sediment runoff rates from construction sites exceed natural
Erosion rates of undisturbed lands, causing siltation and impairment of Receiving
Waters. However, siltation has not been identified by the Regional Water Board
as a cause of Receiving Water impairment in the Whitewater River Region. In
addition to requiring implementation of BMPs, an effective construction runoff
program must include local plan review, permit conditions, field inspections, and
enforcement.
78. One method to reduce Potential Pollutants in Urban Runoff is to incorporate
BMPs as early in the planning phase of a project as possible. The implementation
of BMPs is necessary to prevent Erosion and sedimentation in storm and non-
storm Urban Runoff discharges.
Commercial/Industrial
79. Enforcement of local Urban Runoff related ordinances, permits, and plans are an
essential component of the SWMP. Routine inspections provide an effective
means by which Permittees can evaluate compliance. Inspections are especially
important in areas with increased potential for Pollutant discharges, such as at
industrial and construction sites.
Public Education/Outreach
80. Education is the foundation of the SWMP. Education of the Permittee’s planning,
inspection, and maintenance department staff is critical. The Public Education
Program contained in the SWMP incorporates a well-developed approach to
education and outreach. The program, entitled “Only Rain Down The Storm Drain
Pollution Prevention Program”, combines resources and efforts from the three
County MS4 permit programs to effectively communicate responsible Urban
Runoff management. Public participation is necessary to ensure that all
stakeholder interests, and a variety of creative solutions, are considered. Public
NPDES CAS617002 26 Order No. R7-2013-0011
A. FINDINGS
participation is important in the development of a complete Urban Runoff
management program. The Permittees propose to continue to emphasize the
public participation component of this program.
Monitoring
81. An effective monitoring program characterizes Urban Runoff discharges, identifies
problem areas, and determines the impact of Urban Runoff on Receiving
Waters. However, due to the limited annual rainfall and the ephemeral nature of
most Receiving Waters within the Whitewater River Region, collecting sufficient
wet and dry weather data to characterize discharges and assess improvement or
degradation in water quality due to Urban Runoff quality control program
implementation is challenging at best. Under normal hydrologic conditions in the
Whitewater River Region, there are limited flowing Receiving Waters impacted
by Urban Runoff.
82. Although local climate and hydrology make consistent sample collection difficult, it
is feasible to safely collect data from MS4 outfalls and certain Receiving Waters
during daylight hours of those wet weather events that do not result in flash flood
warnings and/or watches. The Permittees should continue to take efforts to
collect data for the ultimate purpose of characterizing Urban Runoff discharges,
effectiveness of implemented BMPs, and determining the impacts of those
discharges on Receiving Waters, where applicable and feasible.
Compliance with CEQA and Other Requirements
83. The Permittees will be required to comply with amendments to WQS or WDRs,
which may be imposed by the USEPA or the State of California prior to the
expiration of this MS4 Permit. This MS4 Permit may be reopened to include
WLAs to address Pollutants in Urban Runoff causing or contributing to the
impairments in Receiving Waters and/or other requirements developed and
adopted by the Regional Water Board. The MS4 Permit also includes language
requiring the Permittees to amend the SWMP to address TMDL Basin Plan
Amendments, including incorporation of WLA requirements.
84. CWC Section 13243 provides that a Regional Water Board, in a water quality
control plan or in WDRs, may specify certain conditions or areas where the
discharge of Waste or certain types of Waste is not permitted.
85. The issuance of an NPDES permit for this discharge is exempt from the provisions
of the California Environmental Quality Act (CEQA), Chapter 3 (commencing with
Section 21100) of Division 13 of the Public Resources Code, in accordance with
CWC Section 13389.
86. The Regional Water Board has considered state and federal anti-degradation
requirements pursuant to 40 CFR 131.12 and State Board Resolution No. 68-16.
This MS4 Permit does not allow degradation of surface Waters of the State.
Therefore, compliance with the MS4 Permit will satisfy these anti-degradation
requirements.
NPDES CAS617002 27 Order No. R7-2013-0011
A. FINDINGS
87. The State Board issued one state-wide general permit to address Storm Water
discharges from construction activities: the General Permit for Storm Water
Discharges Associated with Construction and Land Disturbance Activities 2009-
0009-DWQ as amended by 2010-0014-DWQ (NPDES No. CAS000002)
(Construction General Permit). Construction activities that qualify are required by
federal regulations to obtain permit coverage under either an individual NPDES
permit or the statewide Construction General Permit by filing a Notice of Intent
(NOI) with the State Board. Therefore, separate coverage under the
Construction General Permit is necessary for Permittee construction projects
within or outside of the Whitewater River Region.
88. The Regional Water Board has notified the Permittees and other interested
agencies and Persons of its intent to re-issue this MS4 Permit for discharges of
Urban Runoff into the Whitewater River Region.
The Regional Water Board, in a public hearing, heard and considered all
comments pertaining to this MS4 Permit. The Regional Water Board reserves
the right to reopen this MS4 Permit after proper notice and an opportunity to be
heard, is given to all concerned parties.
THEREFORE, IT IS HEREBY ORDERED that this MS4 Permit supersedes Order
No. R7-2008-0001 except for enforcement purposes, and, in order to meet the
provisions contained in division 7 of the CWC (commencing with section 13000) and
regulations adopted thereunder, and the provisions of the CWA and regulations and
guidelines adopted thereunder, the Discharger shall comply with the requirements in
this MS4 Permit. This action does not prevent the Colorado River Basin Regional
Water Board from taking enforcement action for past violations of the previous MS4
Permit. If any part of this MS4 Permit is subject to a temporary stay of enforcement,
unless otherwise specified, the Discharger shall comply with the analogous portions
of the previous MS4 Permit, which shall remain in effect for all purposes during the
pendency of the stay.
NPDES CAS617002 28 Order No. R7-2013-0011
B. DISCHARGE PROHIBITIONS
B. DISCHARGE PROHIBITIONS
1. The discharge of Urban Runoff from the Permittees' MS4 to Waters of the
United States containing Pollutants, which have not been reduced to the MEP,
is prohibited.
2. The Permittees shall continue to prohibit IC/IDs to the MS4 through their Storm
Water Ordinances.
3. The following discharge prohibitions are applicable to any Person, as defined by
Section 13050(c) of the CWC, who is a citizen, domiciliary, or political agency or
entity of California and whose activities in California could affect the quality of
Waters of the State within the boundaries of the Colorado River Basin Region:
a. The discharge of Waste to Waters of the State in a manner causing, or
threatening to cause, a condition of Pollution, Contamination, or
Nuisance, as defined in CWC Section 13050, except in compliance with
the terms and conditions of Section D, below.
b. The discharge of Pollutants or dredged or fill material to Waters of the
United States, except as authorized by an NPDES permit or a dredged or
fill material permit subject to the exemption described in CWC Section
13376.
c. Any discharge to the MS4 that is not composed entirely of “Storm Water”
is prohibited, unless authorized by Section C. ALLOWABLE NON-STORM
WATER DISCHARGES.
d. The unauthorized discharge of treated or untreated sewage to Waters of
the State or to the MS4.
e. The discharge of oil, gasoline, diesel fuel, or any other petroleum derivative
or any toxic chemical or Hazardous Waste into the MS4.
NPDES CAS617002 29 Order No. R7-2013-0011
C. ALLOWABLE NON-STORM WATER DISCHARGES
C. ALLOWABLE NON-STORM WATER DISCHARGES
1. Each Permittee shall effectively prohibit all types of Non-Storm Water discharges
into the MS4 unless such discharges are authorized in accordance with Item No. 2
of this Section.
2. The following discharges are not prohibited, unless identified by the Permittees as
a significant source of Pollutants to the Receiving Waters:
a. Discharges covered by NPDES permits or written clearances issued by the
Regional Water Board or State Board;
b. Air conditioning condensation
c. Potable water line flushing and other potable water sources;
d. Passive foundation drains;
e. Passive footing drains;
f. Water from crawl space pumps;
g. Discharges from landscape irrigation, lawn/garden watering and other
irrigation waters;
h. Dechlorinated swimming pool discharges;
i. Non-commercial vehicle washing; (e.g. residential car washing (excluding
engine degreasing) and car washing fundraisers by non-profit organizations);
j. Diverted stream flows;
k. Rising ground waters and natural springs;
l. Groundwater infiltration as defined in 40 CFR 35.2005 (20) and
uncontaminated pumped ground water;
m. Flows from riparian habitats and wetlands;
n. Street wash water;
o. Emergency water flows (i.e., firefighting flows and other flows necessary for
the protection of life and property) do not require BMPs and need not be
prohibited. However, appropriate BMPs shall be considered where
practicable when not interfering with emergency public health and safety
issues;
p. Waters not otherwise containing Wastes, as defined in CWC Section 13050
(d); and
q. Other types of discharges identified and recommended by the Permittees
and approved by the Regional Water Board.
3. For purposes of this MS4 Permit, a discharge may include Storm Water and other
types of discharges as indicated in Section C.2. If the Permittee identifies an
allowable discharge category from Section C.2 that causes or contributes to an
NPDES CAS617002 30 Order No. R7-2013-0011
C. ALLOWABLE NON-STORM WATER DISCHARGES
exceedance of WQS or is a significant contributor of Pollutants to Waters of the
United States, a Permittee shall either:
Prohibit the discharge category from entering its MS4 or ensure that appropriate
BMPs are implemented to the MEP to reduce or eliminate Pollutants resulting
from the discharge. The Permittees shall also provide a report to the Regional
Water Board per Section D. RECEIVING WATER LIMITATIONS, Item No. 2.
NPDES CAS617002 31 Order No. R7-2013-0011
D. RECEIVING WATER LIMITATIONS
D. RECEIVING WATER LIMITATIONS
1. The SWMP and its components shall be updated to achieve compliance with
Receiving Water Limitations associated with discharges of Urban Runoff. It is
expected that compliance with Receiving Water Limitations will be achieved
through an iterative process and the application of BMPs to the MEP.
2. A Permittee shall be considered in compliance with the Discharge Prohibitions,
Allowable Non-Storm Water Discharges, and Receiving Water Limitations, so
long as it is timely implementing control measures and other actions to reduce
Pollutants in the discharges in accordance with the SWMP and other
requirements of this MS4 Permit, including any modifications. If exceedance(s) of
WQS persist, notwithstanding implementation of the SWMP and other
requirements of this MS4 Permit, a Permittee shall continue to be considered in
compliance with Discharge Prohibitions, Allowable Non-Storm Water Discharges,
and Receiving Water Limitations by complying with the following procedure:
a. Upon a determination by the Permittee or Regional Water Board that
discharges of Urban Runoff from the MS4 are causing or exceeding or
contributing to an exceedance of an applicable WQS, the Permittee shall
promptly notify Regional Water Board staff within two (2) working days by
telephone (760.346.7491) or e-mail notice and thereafter submit within 30
days a report to the Regional Water Board that describes BMPs that are
currently being implemented and additional BMPs that will be implemented
to prevent or reduce any Pollutants that are causing or contributing to the
exceedance of WQSs. The report shall include an implementation schedule.
The Regional Water Board may require modifications to the report;
b. Alternatively, if the exceedances of the applicable WQSs are due to
discharges to the MS4 from activities or areas not under the jurisdiction of
the Permittee, the Permittee shall promptly notify Regional Water Board
staff within two (2) working days by telephone (760.346.7491) or e-mail
notice and thereafter shall provide documentation of these discharges and
submit a report within 30 days to the Regional Water Board. The
Permittee shall trace the source of the discharge upstream by contacting
the appropriate neighboring MS4 facility that does have jurisdiction to locate
the source of the Pollution;
c. Submit any modifications to the above reports (either D.2.a. or D.2b., as
appropriate) within 30 days when required by the Regional Water Board;
d. Within 30 days following approval by the Regional Water Board of the
report described above in Section D., 2.a., the Permittee shall revise the
SWMP and monitoring program to incorporate the approved modified BMPs
that will be implemented, the implementation schedule, and any additional
monitoring required; and
e. Implement the revised SWMP and monitoring program in accordance with
the approved implementation schedule.
NPDES CAS617002 32 Order No. R7-2013-0011
D. RECEIVING WATER LIMITATIONS
As long as a Permittee has complied with the procedures set forth above and is
implementing the revised SWMP, the Permittee does not have to repeat the same
procedure for continuing or recurring exceedances of the same Receiving Water
Limitations, unless directed in writing by the Regional Water Board or Executive
Officer to develop and implement additional BMPs, including Source and
Treatment Controls BMPs.
NPDES CAS617002 33 Order No. R7-2013-0011
E. SPECIFIC PERMITTEE REQUIREMENTS
E. SPECIFIC PERMITTEE REQUIREMENTS
1. The Permittees shall revise the SWMP to address the requirements found within
this MS4 Permit. The revised SWMP shall be submitted for approval by the
Executive Officer within 12 months of adoption of this MS4 Permit. Until such
time that the Executive Officer provides approval of the revised SWMP, the
Permittees shall continue to implement the requirements described in Order No.
R7-2008-0011 and the 2011 SWMP. Upon approval by the Executive Officer,
the Permittees shall be required to implement the revised SWMP, and the
requirements of this MS4 Permit.
2. The Principal Permittees shall:
a. Coordinate MS4 Permit compliance activities;
b. Establish a uniform data submittal format for use by all Permittees;
c. Prepare the Annual Report;
d. Forward information received from the Regional Water Board to the
Permittees;
e. Implement MS4 Permit activities of common interest;
f. Inform Permittees on USEPA and Regional Water Board regulations
pertaining to the MS4;
g. Convene all Desert Task Force meetings that are held at least quarterly
and consist of one or more representatives from each Permittee. The
Desert Task Force shall direct the maintenance and update of the SWMP
and coordinate the implementation of the overall Urban Runoff program, as
described in the ROWD; and
h. Maintain and update the Whitewater River Region map.
3. Each Permittee shall:
a. Comply with the requirements of this MS4 Permit within its jurisdiction, and
to the extent of its authority;
b. Provide certification for all reports and other information requested by the
Regional Water Board as specified in Section I.9 of this MS4 Permit;
c. Annually review the Whitewater River Region map to ensure that it
encompasses urbanized areas within the jurisdiction of the Permittee29. If
additional urbanized areas (or non-urbanized areas are incorrectly identified
as urbanized) within the jurisdiction of the Permittee are identified, the
Permittee shall submit an amendment to the Whitewater River Region
map to the Principal Permittees as part of the Annual Report;
29 The District and CVWD do not govern as municipal authorities over any land areas; therefore, this
provision is not applicable to them.
NPDES CAS617002 34 Order No. R7-2013-0011
E. SPECIFIC PERMITTEE REQUIREMENTS
d. Prepare and provide documents required by the MS4 Permit to the
Principal Permittees in a timely manner;
e. Implement the Whitewater River Region SWMP consistent with this MS4
Permit to:
i. Reduce Potential Pollutants in Urban Runoff from municipal,
commercial, industrial, and residential areas to the MEP;
ii. Reduce Potential Pollutants in Urban Runoff from land
development and construction sites to the MEP through the use of
Structural and/or Non-Structural BMPs;
iii. Reduce Potential Pollutants in Urban Runoff from Permittee’s
maintenance activities to the MEP;
iv. Eliminate IC/IDs to the MEP;
v. Encourage spill prevention and containment as well as provide
appropriate spill response plan for Permittees’ maintenance facilities
to the MEP;
vi. Increase public awareness to the MEP;
vii. Continue to provide MS4 Permit compliance related training for
Permittee’s staff to the MEP; and
viii. Control increases in Urban Runoff flows within the Permittees’
jurisdictional boundaries to the MEP, so as not to potentially cause
Erosion or sedimentation problems downstream.
f. Designate at least one representative to the Desert Task Force as
described in Section E.2.g. The Principal Permittees shall be notified
immediately, of changes to the designated representative. The designated
representative shall attend the Desert Task Force meetings.
4. Each Permittee shall establish and maintain adequate legal authority through
statute, ordinance, or series of contracts, which authorizes or enables the
Permittee to implement and enforce, at a minimum, each of the following
requirements contained in 40 CFR Section 122.26(d)(2)(i)(A-F):
a. Control through ordinance, permit, contract, order or similar means, the
contribution of Pollutants to the MS4 by Urban Runoff associated with
industrial activity and the quality of Urban Runoff discharged from sites of
industrial activity;
b. Prohibit through ordinance, order or similar means, IDs to the MS4,
including, but not limited to, discharges:
i. Of wash water resulting from the hosing or cleaning of gas stations,
auto repair garages, or other types of automotive services facilities;
ii. Resulting from the cleaning, repair, or maintenance of any type of
equipment or machinery including motor vehicles, cement-related
equipment, and port-a-potty servicing:
NPDES CAS617002 35 Order No. R7-2013-0011
E. SPECIFIC PERMITTEE REQUIREMENTS
iii. Of wash water from mobile operations such as oily or greasy
discharges from mobile automobile washing, and/or discharges from
steam cleaning, power washing, and carpet cleaning, etc.;
iv. Of runoff from material storage areas containing chemicals, fuels,
grease, oil, or other Hazardous Materials; and
v. Of food-related Wastes (e.g., grease, fish processing, and restaurant
kitchen mat and trash bin wash water, etc.).
c. Control through ordinance, order or similar means the discharge to the MS4
of spills, dumping or disposal of materials other than Urban Runoff.
d. Control through interagency agreements among Permittees the contribution
of Pollutants from one portion of the MS4 to another portion of the MS4;
e. Require compliance with conditions in Permittee ordinances, permits,
contracts or orders consistent with the Enforcement and Compliance
Strategy described in Section 1.7 of the SWMP;
f. Carry out all inspection, surveillance and monitoring procedures necessary
to determine compliance with MS4 Permit conditions, including the
prohibition on IDs to the MS4, and
g. Require that Urban Runoff collection, transport, and storage facilities shall
be in good working condition at all times to effectuate compliance with this
MS4 Permit.
Because the RCFC&WCD and CVWD are not general purpose local
government entities and only operate facilities that may convey Urban Runoff,
these Permittees lack the authority to adopt and enforce ordinances to
regulate development and other authorities and abilities of general purpose
government entities. The RCFC&WCD and CVWD shall therefore comply with
this Provision as well as other aspects of this MS4 Permit only to the extent of
their statutory authority and within the constraints imposed by the California
Constitution.
5. Each Permittee shall review its ordinances, contracts and/or agreements to
ensure that they continue to have adequate authority to implement and enforce
applicable provisions of this MS4 Permit. Each Permittee shall submit a
statement (signed by legal counsel) certifying legal authority to implement and
enforce the applicable provisions of this MS4 Permit as part of its Fiscal Year
2014-2015 Annual Report. If a Permittee determines that such legal authority
does not exist, that Permittee shall provide an implementation schedule
identifying the legal changes necessary to adopt a new ordinance, amend an
existing ordinance, or create and/or amend any agreement(s) that would enable
the Permittee to obtain the requisite legal authority to fully implement and enforce
the applicable provisions of this MS4 Permit. The implementation schedule shall
be provided to Regional Water Board staff for its approval as part of the Fiscal
Year 2014-2015 Annual Report. Upon the final date of the approved
implementation schedule, the Permittee shall submit a statement (signed by legal
counsel) certifying legal authority to implement and enforce the applicable
NPDES CAS617002 36 Order No. R7-2013-0011
E. SPECIFIC PERMITTEE REQUIREMENTS
provisions of this MS4 Permit. If a Permittee determines that legal authority does
not exist or is insufficient at any time after submittal of the Fiscal Year 2014-2015
Annual Report, that Permittee shall implement appropriate measures to ensure
that it has obtained adequate legal authority, and submit the required statement
certifying legal authority as part of its Annual Report.
6. Permittees that have entered into land use agreements with Tribal entities, as
described in Finding #17 of this MS4 Permit, shall periodically inform the
Regional Water Board on implementation of the SWMP on Tribal Lands.
7. Permittee Construction Activities:
The Permittees will be required to file a Notice of Intent (NOI) for coverage
under the Construction General Permit for Permittee construction projects
which create a Land Disturbance greater than or equal to one acre, or less than
one acre if that construction activity is part of a larger common plan of
development or sale that would disturb one acre or more.
The Construction General Permit defines routine maintenance activities that are
exempt from coverage under the Construction General Permit. Specific
maintenance activities, which include BMPs implemented as part of a Permittee’s
Municipal Facility/Activities Pollution Prevention Plan or model municipal
maintenance BMP fact sheets, can be considered as meeting “routine
maintenance activities”, as defined in the Construction General Permit.
NPDES CAS617002 37 Order No. R7-2013-0011
F. BEST MANAGEMENT PRACTICES
F. BEST MANAGEMENT PRACTICES
1. Each Permittee shall implement the following programs and BMPs to the MEP as
described in the SWMP and this MS4 Permit. These programs and BMPs
include the following:
a. IC/ID, Litter, Debris, and Trash Control Program:
i. The Permittees shall continue to reduce the discharge of Pollutants,
including trash and debris, from their respective MS4s to Receiving
Waters to the MEP.
ii. The Permittees shall document the observations of field personnel of
unauthorized dumping or spills so that the information can be used to
help locate the source of Pollutants. The Permittees shall continue
to utilize standardized IC/ID reporting forms to document, track and
report IC/ID incidents.
iii. The Permittees shall maintain a database of IC/ID investigations.
The database shall track case specifics, including description, cause,
duration, the outcome of the case (spill/connection was terminated
and cleaned up, source owner/operator educational visit, warning
letter, referral to an enforcement agency, etc.), and the enforcement
actions issued/taken (e.g., notice of non-compliance, notice of
violation and order to comply, referral to District Attorney for
prosecution).
iv. The Permittees shall continue to provide, collect, and maintain litter
receptacles in strategic public areas and during public events.
v. The Permittees shall assess and modify, if necessary, existing field
programs to detect and prevent dumping or routine discharge of
Pollutants into MS4 facilities.
vi. The Permittees shall continue to implement and enforce leash laws
and other pet laws (i.e., pet waste clean-up, no pets in public areas)
in selected public-use areas.
Field Screening/System Surveillance
vii. The Permittees shall continue to implement routine field inspections
for their MS4 facilities, and the Dry Weather monitoring and reporting
program (as detailed in Section L.10.A. of this MS4 Permit), to assist
with identification and elimination of IC/IDs.
viii. Permittees may utilize existing MS4 maintenance programs,
business/construction inspection programs and/or complaint reports
to facilitate field screening. Permittee field staff shall utilize visual or
olfactory indicators for determining IC/IDs during field screening.
ix. If routine field inspections or the Dry Weather monitoring and
reporting program indicate IC/IDs, they shall be investigated and
NPDES CAS617002 38 Order No. R7-2013-0011
F. BEST MANAGEMENT PRACTICES
eliminated, or regulated by the Regional Water Board, as soon as
possible after detection.
x. IC/ID elimination measures may include an escalating series of
enforcement actions for those IC/IDs that do not endanger public
health or the environment. IC/IDs that endanger public health or the
environment (as defined in the Reporting Section F.1.a.xi.2. below)
shall be eliminated as soon as possible. A summary of elimination
measures taken shall be maintained by the Permittees as part of the
IC/ID database.
Reporting
xi. The Permittees shall immediately (within 24 hours of receipt of
notice) initiate an investigation of all spills, leaks, and/or IC/IDs to the
MS4 upon being put on notice by staff or a third party. Based upon
their assessment and as specified below, the Permittees with
jurisdiction for the spill shall report all discharges that endanger
human health or the environment as follows:
1. By phone to the California Emergency Management Agency
(“Cal EMA”) at (800-852-7550) and to the Regional Water
Board at (760-346-7491).
2. At a minimum, any sewage spill above 1,000 gallons or that
could impact water contact recreation, any oil spill that could
impact wildlife, any Hazardous Material spill where residents
are evacuated, any spill of reportable quantities of Hazardous
Waste (as defined in 40 CFR Part 117 and 40 CFR Part 302),
or any other spill or discharge that is reportable to Cal EMA
(collectively, an “Emergency Situation”) shall be reported
within twenty four (24) hours of becoming aware of the
circumstances. Additional reporting requirements shall be per
Section I. REPORTING REQUIREMENTS, Item No. 6.a.
xii. Other spill incidents, including any unauthorized discharge, that are
not incidents reportable to the Cal EMA shall be documented;
documentation shall include a description of the spill, its cause(s),
duration, actual or anticipated time for achieving compliance, and the
enforcement steps that the Permittee has taken, or intends to take.
These incidents shall be included in the IC/ID database, and be
available upon request;
xiii. Permittees with jurisdiction over incidents described by Section
F.1.a.xi. shall submit a report for each incident to the Executive
Officer as an attachment to their Annual Report, if not already done
by another responsible agency, per Section F.1.a.xv, below. This
report shall contain a description of the non-compliance, its causes,
duration, and the actual or anticipated time for the violator to achieve
compliance. The report shall include the enforcement steps that the
Permittee has taken, or intends to take;
NPDES CAS617002 39 Order No. R7-2013-0011
F. BEST MANAGEMENT PRACTICES
xiv. The Permittees may propose an alternative reporting program,
including reportable incidents and quantities, jointly with other
agencies such as the County Department of Environmental Health
(DEH), subject to approval by the Executive Officer.
xv. In cases where an incident is reportable to Cal EMA and/or
Executive Officer and that incident has been reported to Cal EMA
and/or Executive Officer, as applicable, by another responsible
agency, the Permittee with jurisdiction is not required to duplicate the
report.
Incident Response, Investigation, and Clean Up
xvi. Continue to support the existing Hazardous Materials incident
response programs implemented jointly by the County DEH and the
County Fire Department HAZMAT Team;
Program Data Tracking
xvii. The Permittees shall maintain the following records:
1. IC/ID reporting forms used to document, track and report IC/ID
incidents;
2. An up-to-date IC/ID database, including information specified in
Attachment B of this MS4 Permit; and
3. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with
access to similar trackable data, such a system may be used in
lieu of the IC/ID database requirements in Attachment B of this
MS4 Permit.
Annual Reporting
xviii. In its Annual Report, each Permittee shall include the following
information:
1. Total number of IC/ID complaints received during the reporting
year;
2. Total number of IC/ID complaints requiring response during the
reporting year;
3. Total number and type of enforcement actions resulting from
IC/ID complaints during the reporting year;
4. Report(s) for incident(s) reportable to Cal EMA, as required in
Section F.1.a.xiii. of this MS4 Permit;
5. A narrative summary of IC/ID program accomplishments or issues
encountered during the reporting year;
6. A summary of trash and debris removal activities conducted; and
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7. A summary of MS4 facilities inspected (by MS4 facility type)
during the reporting year pursuant to Sections F.1.a.vii through
F.1.a.ix. (above).
xix. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
pursuant to Section F.1.a.xvii.3 (above), the Annual Report
requirements listed in section F.1.a.xviii (above) are waived.
Annual Program Evaluation and Assessment
xx. Each Permittee shall evaluate in its Annual Report whether the
IC/ID program goals listed below have been achieved:
1. Reduce the discharge of trash and debris from respective MS4s
to Receiving Waters;
2. Confirm that IC/ID reports are reviewed and responded to in a
timely manner;
3. Ensure that confirmed IC/ID events are expeditiously eliminated.
xxi. If a Permittee finds that the above stated program goals have not
been achieved, that Permittee shall review its applicable activities
and BMPs to identify any modifications which may be needed to
improve IC/ID program effectiveness, as necessary to comply with
this MS4 Permit. A work plan and schedule to address program
modifications shall be developed and implemented, and provided
and/or updated with the applicable Annual Report.
b. Commercial/Industrial Facilities Program
Source Identification, Inspection and Enforcement
i. The Permittees shall continue to coordinate with County DEH,
Regional Water Board staff, and others as necessary to maintain a
commercial and industrial facility database;
ii. The Permittees shall maintain an implementation schedule for
conducting inspections of the targeted list of facilities listed in the
database, as detailed in Section 3.1 of the SWMP;
iii. The existing Compliance/Assistance Program (CAP) described in
Section 3 of the SWMP meets the intent of this section; however,
individual Permittees may propose an alternative inspection program
for Regional Water Board approval as part of their Annual Reports;
iv. Each Permittee shall continue to enforce its ordinances, including its
Storm Water Ordinance, at industrial and commercial facilities as
necessary to maintain compliance with this MS4 Permit. Where CAP
Industrial/Commercial surveys indicate that a facility is out of
compliance with a Permittee’s Storm Water Ordinance, Permittee
staff shall perform a re-inspection. Sanctions for non-compliance may
include: verbal or written warnings, issuance of notices of violation or
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non-compliance, obtaining an administrative compliance, stop work, or
cease and desist order, the imposition of monetary penalties or criminal
prosecution (infraction or misdemeanor);
v. Each Permittee shall implement and enforce its ordinances that require
all new industrial facilities subject to the General Industrial Activities
Storm Water Permit (General Industrial Permit) to show proof of
compliance (such as a waste discharge identification (WDID) number
from submittal of a NOI) prior to: 1) issuance of a business license
(applicable only to those Permittees which require business licenses)
or 2) issuance of a certificate of occupancy for New Development;
vi. Upon referral of an industrial facility to Regional Water Board staff for
failure to obtain coverage under the General Industrial Permit, failure
to keep a SWPPP at the industrial facility, or an observed act or
omission that suggests failure to comply with either, the Permittee will
take no further action at the industrial facility with regard to securing
compliance with the General Industrial Permit. It is understood by the
Permittees and Regional Water Board staff that this will ensure that
consistent direction is provided to the facility owner/manager as to what
is required to bring the facility into compliance with the General
Industrial Permit. Each Permittee shall take appropriate actions to
bring an industrial facility into compliance with its local ordinances,
rules, regulations, and the Water Quality Management Plan (WQMP),
where applicable;
Program Data Tracking
vii. The Permittees shall maintain the following records:
1. An up-to-date commercial and industrial facility database, which
includes the categories of facilities named in Section 3.4 of the
SWMP, and information specified in Attachment B of this MS4
Permit; and
2. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
to similar trackable data, such a system may be used in lieu of the
commercial and industrial facility database requirements in
Attachment B of this MS4 Permit.
Annual Reporting
viii. In its Annual Report, each Permittee shall include the following
information:
1. Total number of commercial and industrial facilities inspected during
the reporting year;
2. Total number of commercial and industrial facilities requiring re-
inspection during the reporting year;
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3. Total number and type of enforcement actions issued to commercial
and/or industrial facilities during the reporting year.
ix. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
pursuant to Section F.1.b.vii.2. (above), the Annual Report
requirements listed in Section F.1.b.viii (above) are waived.
Annual Program Evaluation and Assessment
x. Each Permittee shall evaluate in its Annual Report whether the
following commercial and industrial facilities program goals have been
achieved:
1. Maintain an updated database of commercial and industrial facilities;
2. Confirm that industrial and commercial facilities described in Section
F.1.b.ii (above) have implemented BMPs that comply with Permittee
Stormwater Ordinances; and
3. Implement enforcement measures as necessary to reduce the
occurrence and recurrence of violations of Permittee Stormwater
Ordinances from industrial and commercial facilities.
xi. If a Permittee finds that the above stated program goals have not been
achieved, that Permittee shall review its applicable activities and BMPs
to identify any modifications which may be needed to improve
commercial/industrial program effectiveness as necessary to comply
with this MS4 Permit. A work plan and schedule to address program
modifications shall be developed and implemented, and will be provided
and/or updated with the applicable Annual Report.
c. New Development/Redevelopment Program
Permittees shall:
i. Make information available to architects, engineers, building
department personnel, and local government officials on water quality
problems associated with Urban Runoff and the requirements for
meeting NPDES regulatory requirements and program goals for
properly managing the quality of Urban Runoff.
Provide information on upcoming training workshops and distribute
educational materials as appropriate;
ii. The Permittees shall continue to implement the existing
development and approval review procedures outlined in the SWMP.
The Permittees must:
1. Implement and enforce a program to address Urban Runoff
from New Development and Redevelopment Projects that
disturb areas equal to or greater than 1 acre, including
projects less than 1 acre that are part of a larger common plan
of development or sale, that discharge into the MS4 (herein
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referred to as Other Development Projects) by ensuring that
Source Control BMPs specified in Item No. F.1.c.v.3 of this
Section (below) are in place that would prevent or minimize
water quality impacts to the MEP;
2. As necessary, revise the Whitewater BMP Design Manual,
which includes a combination of Structural and/or Non-
Structural BMPs, to reflect updated BMP technologies that
the Permittees determine to be appropriate and feasible for
the Whitewater River Region;
3. Use an ordinance or other regulatory mechanism to address
post-construction Urban Runoff from New Development and
Redevelopment Projects to the extent allowable under state
or local law. The requirements must include the design
standards specified in Item No. F.1.c.v, of this Section (below)
or a functionally equivalent program that is acceptable to the
Regional Water Board; and
4. Require mechanisms to ensure adequate long-term operation
and maintenance of post-construction BMPs on Priority
Development Project sites.
iii. All discretionary New Development and Redevelopment Projects
that fall into one of the following categories (herein referred to as
Priority Development Projects) are subject to the WQMP design
standards specified in Item No. F.1.c.v. of this Section (below):
1. Single-family hillside residences that create 10,000 square
feet, or more, of impervious area where the natural slope is
twenty-five percent (25%) or greater, including single-family
hillside residences that create 10,000 square feet of
impervious area where the natural slope is ten percent (10%)
or greater where erosive soil conditions are known;
2. 100,000 square foot commercial and industrial developments;
3. Automotive repair shops (with Standard Industrial
Classification (“SIC”) codes 5013, 7532, 7533, 7534, 7537,
7438, and 7539);
4. Retail gasoline outlets disturbing greater than 5,000 square
feet;
5. Restaurants disturbing greater than 5,000 square feet;
6. Home subdivisions with 10 or more housing units; and
7. Parking Lots 5,000 square feet or larger in size, or with 25 or
more parking spaces and potentially exposed to Urban
Runoff.
iv. Where a Priority Redevelopment Project replaces less than 50% of
the impervious surfaces on an existing developed site, and the site
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was not previously subject to Priority Development Project
requirements, the WQMP design standards specified in Section
F.1.c.v. (below) apply only to the addition or replacement, and not to
the entire developed site. Where a Priority Redevelopment Project
replaces 50% or more of the impervious surfaces on an existing
developed site, the WQMP design standards specified in Section
F.1.c.v. (below) apply to the entire development.
v. WQMP Design Standards. Discretionary development specified in
Section F.1.c.iii. (above) must implement the following BMPs:
1. Peak-Urban Runoff Discharge Rates.
Post development peak Urban Runoff discharge rates shall
not exceed pre-development rates for developments where
the increased peak Urban Runoff discharge rate will result in
increased potential for downstream Erosion. The Permittees
shall continue implementation of the existing design standard
for Peak-Urban Runoff Discharge Rate control as specified in
the WQMP.
2. Site Design BMPs.
Unless infeasible, the following Site Design BMPs are
required and must be implemented in the site layout during the
subdivision design and approval process, consistent with
applicable General Plan and Local Area Plan policies:
a. Minimize Urban Runoff, minimize impervious footprint,
and conserve natural areas,
b. Minimize directly connected impervious area; and
c. The Permittees shall continue to implement the
Treatment Control BMP requirement (specified in
Section F.1.c.v.4. below) through implementation of
Site Design BMPs, as specified in the WQMP, and
Section F.1.c.v.5.b. below.
3. Source Control BMPs.
The Permittees shall address Pollutants in Urban Runoff
through the implementation of Source Control BMPs. Urban
Runoff from a site has the potential to contribute oil and
grease, suspended solids, metal, gasoline, pesticides, and
pathogens to the MS4. Priority Development Projects and
Other Development Projects must be designed so as to
minimize, to the MEP, the introduction of Pollutants
generated from on-site runoff of directly connected impervious
areas to the MS4 as approved by the building official. The
Permittees shall require the following Source Control BMPs:
a. Protect slopes and channels from eroding;
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b. Include storm drain inlet stenciling and signage;
c. Include properly designed outdoor material storage
areas; and
d. Include properly designed trash storage areas.
4. Treatment Control BMPs.
The WQMP shall require Treatment Control BMPs for all
Priority Development Projects. All Treatment Control
BMPs shall be located so as to infiltrate, filter or treat the
required runoff volume or flow prior to its discharge to any
Receiving Water. Multiple Priority Development Projects
may share Treatment Control BMPs as long as construction
of any shared Treatment Control BMP is completed prior to
the use of any development project from which the Treatment
Control BMP will receive Urban Runoff, and prior to
discharge to a Receiving Water. Treatment Control BMPs
shall be designed to address Pollutants of Concern.
Pollutants of Concern consist of any Pollutants generated
by the Priority Development, including Pollutants that are
listed under CWA Section 303(d) for the Receiving Water into
which the Priority Development would discharge, Pollutants
associated with the land use type of the Priority
Development and legacy Pollutants associated with past use
of the Priority Development site that may be exposed to
Urban Runoff. Treatment Control BMPs shall be
collectively sized to comply with the following numeric sizing
criteria:
a. Volumetric Treatment Control BMP design criteria.
i. The 85th percentile 24-hour event determined as
the maximized capture Storm Water volume for
the project area, from the formula recommended
in Urban Runoff Quality Management, Water
Environment Federation Manual of Practice No.
23/ASCE Manual of Practice No. 87, (1998); or
ii. The volume of annual runoff based on unit basin
storage water quality volume, to achieve 80% or
more volume treatment by the method
recommended in California Stormwater Best
Management Practices Handbook –
Industrial/Commercial (2003); or
iii. The volume of runoff produced from a historical-
record based reference 24-hour rainfall criterion
for “treatment” that achieves approximately the
same reduction in Pollutant loads achieved by
the 85th percentile 24-hour runoff event; or
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iv. An alternative treatment design criteria,
appropriate for the unique arid hydrologic
conditions of the Whitewater River Region that
has been proposed by the Permittees and is
approved by the Executive Officer.
b. Flow-Based BMP design criteria
i. The maximum flow rate of runoff produced from
a rainfall intensity of 0.2 inch of rainfall per hour,
for each hour of a storm event; or
ii. The maximum flow rate of runoff produced by
the 85th percentile hourly rainfall intensity (for
each hour of the storm event), as determined
from the local historical rainfall record, multiplied
by a factor of two; or
iii. The maximum flow rate of runoff for each hour of
a storm event, as determined from the local
historical rainfall record that achieves
approximately the same reduction in Pollutant
loads and flows as achieved by mitigation of the
85th percentile hourly rainfall intensity multiplied
by a factor of two; or
iv. An alternative treatment design criteria,
appropriate for the unique arid hydrologic
conditions of the Whitewater River Region
proposed by the Permittees and approved by
the Executive Officer.
5. Treatment Control Alternatives and Waivers.
a. Projects that retain and infiltrate 100% of the rainfall
conditions specified in Section F.1.c.v.4 are deemed to
comply with the Treatment Control BMP requirements
of that Section.
b. The Permittees have developed, and shall continue to
implement a Site Design BMP substitution program,
which has been incorporated into the WQMP, and
allows the Permittees to substitute implementation of
Low Impact Development (LID) Site Design BMPs
for implementation of some or all Treatment Control
BMPs. The Site Design BMP substitution program
utilizes specific design criteria for each LID Site Design
BMP to be utilized by the Site Design BMP substitution
program.
c. A Permittee may provide for a Priority Development
Project to be waived from the requirement of
implementing Treatment Control BMPs. All waivers,
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F. BEST MANAGEMENT PRACTICES
along with documentation justifying the issuance of a
waiver, must be submitted to the Regional Water
Board staff in writing within thirty (30) calendar days. If
the Executive Officer determines that waivers are
being inappropriately granted, this MS4 Permit may be
reopened to modify these waiver conditions. Waivers
may be granted:
i. If infeasibility can be established. A waiver of
infeasibility shall only be granted by a Permittee
when all available Treatment Control BMPs
have been considered and rejected as
technically infeasible and/or the cost of
implementing the Treatment Control BMP
greatly outweighs the Pollution control benefit;
or
ii. For those portions of the Whitewater River
Region that will not result in a discharge to
Receiving Waters under the rainfall conditions
specified in Section F.1.c.v.4.
6. Limitation of Use of Infiltration BMPs.
a. Infiltration based Treatment Control BMPs shall:
i. Be located at least 50 feet horizontally from
water supply wells, unless it can be shown that
well construction and site geology will provide
adequate protection for the domestic water well
in which case the minimum distance will be
provided on a case by case basis; and
ii. Not cause a Nuisance, including odor, vectors
or Pollution as defined by CWC Section 13050.
vi. The Permittees shall revise the 2009 WQMP to address the
requirements described within Section F.1.c. (above); the revised
WQMP shall be submitted for approval by the Executive Officer
within 12 months of adoption of this MS4 Permit. Until such time that
the Executive Officer provides approval of the revised WQMP, the
Permittees shall continue to implement the Priority Development
Project requirements described in Order No. R7-2008-0011 and the
2009 WQMP. Upon approval by the Executive Officer, the
Permittees shall be required to implement the revised WQMP.
Priority Development Projects submitted after the approval date of
the revised WQMP shall be subject to the requirements of the revised
WQMP, and the Priority Development Project requirements of this
MS4 Permit.
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Program Data Tracking
vii. The Permittees shall keep the following records:
1. An up-to-date WQMP tracking database, including information
specified in Attachment B of this MS4 Permit;
2. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with
access to similar trackable data, such a system may be used in
lieu of the WQMP tracking database requirements in Attachment
B of this MS4 Permit.
Annual Reporting
viii. In its Annual Report, each Permittee shall include the following
information:
1. Number of projects conditioned for WQMPs during the reporting
year;
2. A summary of Other Development Projects conditioned to
require implementation of Source Control BMPs during the
reporting year;
3. Percent of projects requiring WQMPs which met the goal of
achieving the Treatment Control BMP requirement through the
use of LID Site Design BMPs during the reporting year.
ix. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
pursuant to Section F.1.c.vi.2. (above), the Annual Report
requirements listed in Section F.1.c.vii. (above) are waived.
Annual Program Evaluation and Assessment
x. Each Permittee shall evaluate in its Annual Report whether the
following New Development/Redevelopment program goals have
been achieved:
1. Confirm that WQMPs are in place at Priority
Development/Redevelopment Projects, to prevent or minimize
water quality impacts to the MEP;
2. Encourage the use of LID Site Design BMPs to address the
Treatment Control BMP requirement for Priority
Development/Redevelopment Projects; and
3. Confirm that Other Development Projects are conditioned to
require implementation of Source Control BMPs.
xi. If a Permittee finds that the above stated program goals have not
been achieved, that Permittee shall review its applicable activities
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and BMPs to identify any modifications which may be needed to
improve New Development/Redevelopment program effectiveness,
as necessary to comply with this MS4 Permit. A work plan and
schedule to address program modifications shall be developed and
implemented, and provided and/or updated with the applicable
Annual Report.
d. Private Construction Activities Program
The Permittees shall:
i. Make information available to developers, contractors, operators, and
agency staff about upcoming educational and training workshops on
construction site Erosion and Sediment control and construction
materials management sponsored by industry groups, professional
organizations and public agencies.
Make associated public education materials available to the public;
ii. Continue to implement and enforce a program to reduce Pollutants
in Urban Runoff to the MS4 from construction activities that result in
a Land Disturbance of greater than or equal to one acre. Reduction
of Pollutants in Urban Runoff discharges to the MS4 from
construction activity disturbing less than one acre must be included in
a program if that construction activity is part of a larger common plan
of development or sale that would disturb one acre or more. The
program must continue to include implementation of, at a minimum:
1. Ordinances or other regulatory mechanisms to require
Erosion and Sediment controls, as well as sanctions, or other
effective mechanisms, to ensure compliance, to the extent
allowable under State or local law;
2. Requirements for construction site operators to control Waste
such as discarded building materials, concrete truck wash-out,
chemicals, litter, and sanitary Waste at the construction site
that may cause adverse impacts to water quality;
3. Procedures for site plan review which incorporate
consideration of potential water quality impacts; and
4. Procedures for site inspection and enforcement control
measures. Each Permittee shall continue to conduct
construction site inspections for compliance with its
ordinances, including its Stormwater Ordinance, codes and
the WQMP. Sanctions for non-compliance may include:
verbal and/or written warnings, issuance of notices of violation
or non-compliance, obtaining an administrative compliance,
stop work or cease and desist order, a civil citation or
injunction, the imposition of monetary penalties or criminal
prosecution (infraction or misdemeanor). Construction site
inspections shall at a minimum:
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a. Verify coverage under the Construction General
Permit, if required;
b. Confirm that a SWPPP, if required, is onsite;
c. Confirm compliance with the Permittee’s ordinances;
and
d. Check for active Non-Storm Water discharges or
potential IC/IDs to the MS4.
iii. Identify priorities for inspecting sites and enforcing control measures
for construction projects that disturb areas equal to or greater than 1
acre. In establishing priorities for the inspection of construction sites
consistent with this MS4 Permit, the Permittees shall identify sites of
high and low threat to Receiving Water quality. Evaluation of
construction sites should be based on such factors as soil Erosion
potential, project size, proximity and sensitivity of Receiving Waters,
history of compliance, and other relevant factors. High priority
construction sites shall in any event include:
1. Construction sites that disturb an area greater than fifty (50)
acres; and
2. Construction sites that disturb greater than one (1) acre and
directly discharge to an identified 303 (d) listed waterbody.
Low priority construction sites shall include:
1. Construction sites that disturb an area of one acre or greater
and less than fifty (50) acres, and do not discharge directly to
an identified CWA Section 303 (d) listed waterbody; and
2. Construction sites which have a demonstrated history of
compliance.
High priority sites may be re-categorized to low priority construction
sites during construction. The Permittees shall establish inspection
frequencies for individual construction sites based upon site priority,
as detailed in Section 5.3 of the SWMP.
iv. If a Permittee receives notice by its staff of a possible violation of the
Construction General Permit, the Permittee shall, within two (2)
working days, provide oral (Telephone: 760.346.7491) and e-mail
notice to Regional Water Board staff of the location within its
jurisdiction where the incident occurred and describe the nature of
the incident;
v. Upon referral of a construction site to Regional Water Board staff for
failure to obtain coverage under the Construction General Permit,
failure to keep a SWPPP at the construction site, if applicable, or an
observed act or omission that suggests failure to comply with either,
the Permittee will take no further action at the construction site with
regard to securing compliance with the Construction General
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Permit. Each Permittee shall continue to take appropriate action to
bring a construction site into compliance with its local ordinances,
rules, and regulations;
vi. Prior to the issuance of a building, Grading or other construction
project permit, the Permittees shall require proof that the applicant
has filed a NOI for the Construction General Permit, if such
coverage is required.
Program Data Tracking
vii. The Permittees shall keep the following records:
1. An up-to-date construction site inspection database, including
information specified in Attachment B of this MS4 Permit;
2. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with
access to similar trackable data, such a system may be used in
lieu of the construction site inspection database required in
Attachment B of this MS4 Permit.
Annual Reporting
viii. In its Annual Report, each Permittee shall include the following
information:
1. Total number of construction site inspections conducted, pursuant
to Section F.1.d.ii.4 (above), during the reporting year;
2. Total number and type of enforcement action(s), including
referrals to the Regional Water Board, issued on construction
sites during the reporting year; and
3. Provide confirmation that the construction site inspection
database (Attachment B of this MS4 Permit) has been
implemented to track inspection activities during the reporting
year.
ix. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
pursuant to Section F.1.d.vii.2. (above), the Annual Report
requirements listed in Section F.1.d.viii. (above) are waived.
Annual Program Evaluation and Assessment
x. Each Permittee shall evaluate in its Annual Report whether the
following Private Construction Activities program goals have been
achieved:
1. Maintain an updated database of active construction sites which
includes categorization of sites by priority;
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2. Perform inspections to confirm construction site compliance with
Permittee Stormwater Ordinance; and
3. Implement enforcement measures as necessary to reduce the
occurrence and recurrence of violations of Permittee Stormwater
Ordinances.
xi. If a Permittee finds that the above stated program goals have not
been achieved, that Permittee shall review its applicable activities
and BMPs to identify any modifications which may be needed to
improve Private Construction Activities program effectiveness, as
necessary to comply with this MS4 Permit. A work plan and
schedule to address program modifications shall be developed and
implemented, and provided and/or updated with the applicable
Annual Report.
e. Permittee Activities Program
i. Sewage Systems
1. Permittees shall provide Sanitary Sewer Operators access to
their MS4 facilities for the purposes of allowing control of
SSOs, or for the purpose of limiting the impacts to Receiving
Waters once a spill has entered the MS4. Permittees subject
to State Board Water Quality Order No. 2006-0003 (Sanitary
Sewer Order) shall obtain coverage under that Order.
ii. Permittee Facilities and Operations
The Permittees shall continue to maintain an inventory of
Permittee facilities with outdoor materials storage or maintenance
areas. Requirements for all Permittee facilities with outdoor
materials storage or maintenance areas:
1. Continue to maintain and implement Permittee Municipal
Facility/Activity Pollution Prevention Plans; and
2. Inspect facilities requiring Municipal Facility/Activity
Pollution Prevention Plans for appropriate BMP
implementation once per year, at a minimum. Re-inspections
and/or corrective actions shall be taken if deficiencies are
found.
iii. Landscape Maintenance
Each Permittee shall require that pesticides be applied in
conformance with existing state and federal regulations.
iv. Permittee Streets and Roads
1. Maintain the model fact sheet of BMPs for common road
maintenance activities. Each Permittee will continue to
require road maintenance personnel to review the fact sheet
biennially, and implement the BMPs specified therein; and
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2. Each Permittee will continue to incorporate applicable
elements of the model fact sheet of BMPs for common road
maintenance activities into road maintenance contracts.
v. MS4 Facilities
1. A map identifying Receiving Waters and Major MS4 Outfalls
shall be maintained and updated as required;
2. Continue to implement the existing field program to detect and
prevent dumping or IDs into MS4 facilities; and
3. Continue to implement MS4 maintenance schedules for
basins, inlets and open channels.
Program Data Tracking
vi. The Permittees shall keep the following records:
1. An up-to-date inventory of Permittee facilities with outdoor
materials storage or maintenance areas;
2. Reports from inspections conducted at Permittee facilities
requiring Municipal Facility/Activity Pollution Prevention
Plans;
3. An up-to-date MS4 inspection and maintenance schedule; and
4. An up-to-date list of pesticide application personnel and their
certifications.
Annual Reporting
vii. In its Annual Report, each Permittee shall include the following
information:
1. Total percentage of facilities requiring Municipal
Facility/Activity Pollution Prevention Plans that were
inspected during the reporting year;
2. Narrative summary of the results of municipal facility
inspections conducted pursuant to Section F.1.e.ii. (above),
including a summary of deficiencies noted and corrective
actions taken, if any; and
3. A summary of MS4 facilities maintained (by MS4 facility type)
pursuant to Section F.1.e.v.3. (above) during the reporting
year,.
viii. A map of the Whitewater River Region which identifies the most
current MS4 Permit boundary, Receiving Waters and Major MS4
Outfalls shall be submitted by the Permittees with each Annual
Report.
NPDES CAS617002 54 Order No. R7-2013-0011
F. BEST MANAGEMENT PRACTICES
ix. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
to the reportable information listed in Section F.1.e.vii. above, the
Annual Report requirements listed in that Section are waived.
Annual Program Evaluation and Assessment
x. Each Permittee shall evaluate in its Annual Report whether the
following Permittee Facilities and Activities program goals have been
achieved:
1. Maintain a current map of MS4 Outfalls, Receiving Waters,
and the MS4 Permit boundary;
2. For facilities with outdoor materials storage or maintenance
areas: confirm that BMPs described in each facility’s
Municipal Facility Pollution Prevention Plans are
implemented; and
3. Confirm that basins, inlets and open channels that are part of
the Permittee’s MS4 are maintained on the schedule
developed by the Permittee.
xi. If a Permittee finds that the above stated program goals have not
been achieved, that Permittee shall review its applicable activities
and BMPs to identify any modifications which may be needed to
improve Permittee Facilities and Activities program effectiveness,
as necessary to comply with this MS4 Permit. A work plan and
schedule to address program modifications shall be developed and
implemented, and provided and/or updated with the applicable
Annual Report.
f. Public Education and Outreach Program
i. Illegal Dumping and General Outreach
1. Continue to conduct education/outreach to the general public
on impacts to Receiving Waters from:
a. Littering, illegal dumping and other improper disposal
of Wastes; and
b. Leakage or dumping of gasoline, oil and grease,
antifreeze and hydraulic fluid from vehicles into the
streets.
2. Continue to conduct education/outreach to the general public
on the impacts of dumping Pollutants, including Pollutants
from landscaping and home maintenance activities, into MS4
facilities;
NPDES CAS617002 55 Order No. R7-2013-0011
F. BEST MANAGEMENT PRACTICES
3. Continue to support the efforts of the County HHW Program,
which provides a convenient means to properly dispose of oil,
antifreeze, pesticides, herbicides, paints, solvents, and other
potentially harmful chemicals; and
4. Continue to conduct education/outreach to the general public
about BMPs for residential car washing.
ii. Landscaping
1. Continue to conduct education/outreach to the general public
on the proper application and management of pesticides,
fertilizers and herbicides; and
2. Continue to conduct education/outreach to the general public
on the proper management of irrigation systems to prevent
runoff to the MS4. Where appropriate, coordinate with the
Natural Resources Conservation Service, Resource
Conservation Districts and University of California Cooperative
Extension.
iii. Pet Ownership
1. Continue to conduct education/outreach to the general public
regarding the need to clean-up and properly dispose of pet
Waste.
iv. Construction
1. Continue to make information available to contractors,
operators, and Permittee’s staff about upcoming educational
and training workshops on construction site Erosion control
and construction materials management sponsored by
professional organizations and public agencies. Make
associated public education materials available, as
appropriate.
v. Industrial/Commercial
1. Continue to conduct education/outreach to landowners,
tenants, business owners, and industrial operations regarding
the need to implement appropriate BMPs to control Non-
Storm Water discharges and properly maintain outdoor
material storage areas.
vi. Training of Permittee Staff
The Permittees shall continue to develop and implement training
programs for the following categories of their employees:
Maintenance staff, Industrial/Commercial inspectors, New
Development/Redevelopment staff, and Construction inspectors.
The training program shall cover: a) applicable requirements of this
MS4 Permit, the General Industrial Permit and Construction
General Permit, b) proper BMP implementation, and c)
NPDES CAS617002 56 Order No. R7-2013-0011
F. BEST MANAGEMENT PRACTICES
identification of IC/IDs that may be associated with the area of
training.
Additionally, for Permittee Maintenance staff, the training shall
continue to educate/inform Permittee’s personnel responsible for
MS4 facility, park, golf course, and highway right-of-way
maintenance on the proper use and management of pesticides,
fertilizers, and herbicides. Alternative methods for controlling
insects and weeds such as biological controls and the use of less
toxic chemicals should be encouraged. This training may be
accomplished through existing mandatory training programs for
pesticide, fertilizer and herbicide management.
Program Data Tracking
vii. The Permittees shall keep the following records:
1. Number of regional public education outreach events
conducted, by type (construction, industrial, residential, New
Development, schools, general public, etc), including
approximate attendance where applicable;
2. HHW Collection Program activities including:
a. Event dates and number of days per event;
b. Type and amount of material collected; and
c. Advertisement impressions by type (newspaper,
television, radio, banners, flyers, etc.).
3. Records of Permittee staff trained, including topic, date and
number of staff trained;
4. Usage (call volume) of the “Only Rain Down the Stormdrain”
Pollution Prevention Program hotline;
5. Copies or records of public education materials utilized and/or
made available to the general public and target audiences
during Permittee education/outreach activities; and
6. Public surveys and impression counts, to be gathered where
feasible;
Annual Reporting
viii. In its Annual Report, each Permittee shall include the following
information:
1. A narrative summary of Public Education and Outreach
program accomplishments or issues encountered during the
reporting year;
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F. BEST MANAGEMENT PRACTICES
2. The number of public education outreach events conducted
during the reporting year, by type (construction, industrial,
residential, New Development, schools, general public, etc.),
including approximate attendance where applicable;
3. A summary of type(s) and numbers, where feasible, of
outreach materials distributed during the reporting year; and
4. Number of Permittee staff trained during the reporting year;
including topic (municipal, industrial/commercial, construction,
New Development) and date.
ix. If the Permittees choose to move to an online recordkeeping and
reporting tool that provides the Regional Water Board with access
to the reportable information listed in Section F.1.f.viii. above, the
Annual Report requirements listed in that Section are waived.
Annual Program Evaluation and Assessment
x. Each Permittee shall evaluate in its Annual Report whether the
following Public Education and Outreach program goals have been
achieved:
1. Conduct education/outreach to the general public on the
impacts of improper disposal of pollutants into MS4s;
2. Develop and distribute targeted BMP guidance for specific
pollutants and residential and business activities; and
3. Confirm that Permittee employees are trained to implement
MS4 Permit compliance programs.
xi. If a Permittee finds that the above stated program goals have not
been achieved, that Permittee shall review its applicable activities
and BMPs to identify any modifications which may be needed to
improve Public Education and Outreach program effectiveness, as
necessary to comply with this MS4 Permit. A work plan and
schedule to address program modifications shall be developed and
implemented, be provided and/or updated with the applicable
Annual Report.
NPDES CAS617002 58 Order No. R7-2013-0011
G. IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS
G. IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS
CVSC Bacterial Indicators TMDL
1. Interim WQBEL and Phase 1 Implementation and Compliance
a. Interim WQBEL. The City of Coachella shall:
i. Upon approval by the Regional Water Board Executive Officer,
implement the monitoring plan submitted on January 6, 2013 and
revised on February 13, 2013, for the City of Coachella’s outfalls to the
CVSC Bacterial Indicators TMDL.
ii. Submit by January 31, 2016 a Quality Assurance Project Plan and
summary report (2016 QAPP) that addresses:
1. Whether Urban Runoff discharges from the City of Coachella’s MS4
to the CVSC are in compliance with the City of Coachella’s WLA,
2. Whether sources of exceedances, if any, are controllable; and
3. Recommendations for additional BMPs, if required, that are
appropriate given background conditions, cost factors and the status
of Regional Water Board efforts to revise WQOs for the CVSC to
address the City of Coachella’s WLA as required by the TMDL. If
recommendations for additional BMPs are provided, then the
following information should be provided:
a. The specific additional BMPs implemented to reduce the
concentration of Bacterial Indicators from controllable urban
sources and the water quality improvements expected to result
from these BMPs;
b. The specific regional treatment facilities and the locations
where such facilities will be built to reduce controllable urban
bacterial indicators and the water quality improvements to
result when the facilities are complete.
c. The scientific and technical documentation used to conclude
that the additional BMPs, once fully implemented, are
expected to achieve the City of Coachella’s WLA.
d. A schedule for implementing the additional BMPs including
identification of milestones to assess satisfactory progress
toward achieving the City of Coachella’s WLA.
e. The specific metrics that will be used to demonstrate the
effectiveness of the additional BMPs; and
f. Identification of additional BMPs that may be required if the
initial plan does not achieve the City of Coachella’s WLA as
required by the TMDL.
NPDES CAS617002 59 Order No. R7-2013-0011
G. IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS
iii. Implementation of the requirements of Section G.1.a. shall constitute
compliance with the Interim WQBEL and Phase 1 of the implementation
plan for the CVSC Bacterial Indicators TMDL.
2. Final WQBEL Implementation and Compliance
a. Once approved by the Regional Water Board Executive Officer, the City
of Coachella’s 2016 QAPP shall be incorporated into this MS4 Permit as
the final WQBEL for the CVSC Bacterial Indicators TMDL. Implementation
of the requirements of the 2016 QAPP shall constitute compliance with the
final WQBEL and Phase 2 of the implementation plan for the CVSC
Bacterial Indicators TMDL.
b. If the Regional Water Board Executive Officer does not approve the 2016
QAPP prior to June 30, 2016, the CVSC Bacterial Indicators TMDL WLAs
will become the final WQBEL(s), and compliance with the WQBEL(s) will be
assessed through implementation of BMPs by the City as approved by the
Regional Water Board consistent with Phase 2 of the implementation plan
for the CVSC Bacterial Indicators TMDL.
NPDES CAS617002 60 Order No. R7-2013-0011
H. GENERAL PROVISIONS
H. GENERAL PROVISIONS
1. Duty to Comply [40 CFR 122.41 (a)]
a. The Permittee must comply with all of the conditions of this MS4 Permit.
Any noncompliance constitutes a violation of the CWA and is grounds for
enforcement action, for permit termination, revocation and reissuance, or
modification, or denial of a permit renewal application.
b. The Permittee shall comply with effluent standards or prohibitions
established under section 307(a) of the CWA toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions,
even if the MS4 Permit has not yet been modified to incorporate the
requirement.
2. Need to Halt or Reduce Activity not a Defense [40 CFR 122.41 (c)]
It shall not be a defense for a Permittee 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 MS4 Permit.
3. Duty to Mitigate [40 CFR 122.41(d)]
The Permittees shall take all reasonable steps to minimize or prevent any
discharge or sludge use or disposal in violation of this MS4 Permit, which has a
reasonable likelihood of adversely affecting human health or the environment.
4. Proper Operation and Maintenance [40 CFR 122.41(e)]
The Permittees shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed
or used by the Permittees to achieve compliance with the conditions of this MS4
Permit. Proper operation and maintenance also includes adequate laboratory
controls and appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems, which are installed
by the discharger only when the operation is necessary to achieve compliance
with the conditions of this MS4 Permit.
5. Permit Actions [40 CFR 122.41(f)] [CWC § 13381]
This MS4 Permit may be modified, revoked and reissued, or terminated in
accordance with the provisions of 40 CFR sections 122.44, 122.62, 122.63,
122.64, 124.5, 125.62, and 125.64. Causes for taking such actions include, but
are not limited to:
a. Endangerment to human health or the environment resulting from the
permitted activity, including information that the discharge(s) regulated by
this MS4 Permit may have the potential to cause or contribute to adverse
impacts on water quality and/or Beneficial Uses;
NPDES CAS617002 61 Order No. R7-2013-0011
H. GENERAL PROVISIONS
b. Acquisition of newly-obtained information that would have justified the
application of different conditions if known at the time of MS4 Permit
adoption;
c. To address changed conditions identified in required reports or other
sources deemed significant by the Regional Water Board;
d. To incorporate provisions as a result of future amendments to the Basin
Plan, such as a new or revised WQO or the adoption or reconsideration of a
TMDL, including the program of implementation. Within 18 months of the
effective date of a revised TMDL or as soon as practicable thereafter, where
the revisions warrant a change to the provisions of this MS4 Permit, the
Regional Water Board may modify this MS4 Permit consistent with the
assumptions and requirements of the revised WLA(s), including the
program of implementation;
e. To incorporate provisions as a result of new or amended statewide water
quality control plans or policies adopted by the State Board, or in
consideration of any State Board action regarding the precedential
language of State Water Board Order WQ 99-05, Receiving Water
Limitations; and/or
f. To incorporate provisions as a result of the promulgation of new or
amended federal or state laws or regulations or judicial decisions that
becomes effective after adoption of this MS4 Permit.
The filing of a request by the Permittee for a MS4 Permit modification,
revocation, and reissuance, or termination or a notification of planned changes or
anticipated noncompliance does not stay any permit condition of this MS4 Permit.
6. Property Rights [40 CFR 122.41(g)]
This MS4 Permit does not convey any property rights of any sort or any exclusive
privilege.
7. Inspection and Entry [40 CFR 122.41(i)] [CWC § 13267(c)]
The Permittees shall allow an authorized Regional Water Board representative,
or an authorized representative of the USEPA (including an authorized contractor
acting as a representative of the Regional Water Board or USEPA), upon
presentation of credentials and other documents as may be required by law, to:
a. Enter upon the Permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of
this MS4 Permit;
b. Have access to and copy, at reasonable times, any records that must be
kept under the conditions of this MS4 Permit;
c. Inspect at reasonable times any Permittee facilities, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this MS4 Permit; and
NPDES CAS617002 62 Order No. R7-2013-0011
H. GENERAL PROVISIONS
d. Sample or monitor at reasonable times, for the purposes of assuring
compliance with this MS4 Permit or as otherwise authorized by the CWA or
CWC, any substances or parameters at any location.
8. Records [40 C.F.R. § 122.41(j)(2)]
The Permittees 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 MS4
Permit, and records of all data used to complete the application for this MS4
Permit, for a period of at least three (3) years from the date of the sample,
measurement, report or application. This period may be extended by request of
the Regional Water Board Executive Officer at any time.
9. Bypass [40 CFR 122.41 (m)]
a. Bypass not exceeding limitations - A Permittee may allow any bypass to
occur which does not cause Effluent Limitations to be exceeded, but only
if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions listed in Section H.9.b. and H.9.c.
(below).
b. Notice – If a Permittee knows in advance of the need for bypass, it shall
submit prior notice, if possible at least ten days before the date of the
bypass. A Permittee shall submit notice of an unanticipated bypass as
required in Section I.6. of this MS4 Permit.
c. Prohibition of Bypass - Bypass is prohibited, and the Regional Water
Board may take enforcement action against a Permittee for bypass,
unless:
i. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
ii. 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
iii. The Permittee submitted notice as required under Section 9.b. (above).
d. The Executive Officer may approve an anticipated bypass, after
considering its adverse effects, if the Executive Officer determines that it
will meet the three conditions listed in Section H.9.c. (above).
10. Upset [40 CFR 122.41 (n)]
Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based effluent limitations because of
NPDES CAS617002 63 Order No. R7-2013-0011
H. GENERAL PROVISIONS
factors beyond the reasonable control of the Permittee. 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.
a. 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 Section H.10.b. (below) are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.
b. Conditions necessary for a demonstration of upset - A Permittee who
wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant
evidence that:
i. An upset occurred and that the Permittee can identify the cause(s) of
the upset;
ii. The permitted facility was at the time being properly operated;
iii. The Permittee submitted notice of the upset as required in Section I.6.
(below); and
iv. The Permittee complied with any remedial measures required under
Section H.3. (above).
c. Burden of Proof - In any enforcement proceeding the Permittee seeking to
establish the occurrence of an upset has the burden of proof.
11. The Permittees shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with this MS4 Permit,
including such accelerated or additional monitoring as may be necessary to
determine the nature and impact of the non-complying discharge.
12. The provisions of this MS4 Permit are severable, and if any provision of this MS4
Permit, or the application of any provision of this MS4 Permit to any
circumstances, is held invalid, the application of such provision to other
circumstances, and the remainder of this MS4 Permit, shall not be affected
thereby.
13. The Permittees shall comply with any interim Effluent Limitations as
established by addendum, enforcement action, or revised WDRs that have been,
or may be, adopted by this Regional Water Board.
14. In cases where Urban Runoff quality is impacted by discharges of Wastes from
lands or facilities not owned, operated or maintained by, or under the regulatory
jurisdiction of the Permittee(s), or which is under the jurisdiction of the Regional
Water Board by NPDES permit, waste discharge requirement or waiver of waste
discharge requirement), the Permittee(s) may notify the Regional Water Board
NPDES CAS617002 64 Order No. R7-2013-0011
H. GENERAL PROVISIONS
of its need to regulate those discharges, to the extent the Regional Water Board
has jurisdiction over such discharges. Such a notice shall include:
a. A written description of the discharge and documentation, if available, of
water quality problems caused by the discharge;
b. An 8 ½ inch x 11 inch location map which delineates the location of the
discharge; and
c. Documentation that the Permittee(s) does not have jurisdiction over the
discharge and/or is unable to require compliance or that the discharge is
under the jurisdiction of the Regional Water Board.
The Permittee(s) may submit such notice at any time.
NPDES CAS617002 65 Order No. R7-2013-0011
I. REPORTING REQUIREMENTS
I. REPORTING REQUIREMENTS
1. Duty to Reapply [40 CFR 122.41(b)]
This MS4 Permit expires on June 20, 2018. If the Permittees wish to continue
any activity regulated by this MS4 Permit after the expiration date of this MS4
Permit, the Permittees must apply for and obtain a new MS4 Permit. The
Permittees must file a ROWD in accordance with Title 23, California Code of
Regulations, not later than 180 days in advance of the expiration date of this MS4
Permit as application for issuance of a new MS4 Permit. The ROWD shall, at a
minimum, include:
a. Proposed revisions to the SWMP, based on program data gathered
throughout the MS4 Permit term, and analysis required by Section L.11.d of
this MS4 Permit. Proposed SWMP revisions may include, but not be
limited to: activities the Permittees proposed to undertake during the next
MS4 Permit term, goals and objectives of such activities, an evaluation of
the need for additional Source Control and/or Structural BMPs, proposed
pilot studies, etc.;
b. Any new or revised program elements and compliance schedule(s)
necessary to comply with Section D. RECEIVING WATER LIMITATIONS
and Section G. IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS
of this MS4 Permit;
c. Changes in land use and/or population including map updates; and
d. Significant changes to the MS4s, outfalls, detention or retention basins or
dams, and other controls, including map updates of the MS4s.
2. Duty to Provide Information [40 CFR 122.41 [h)]
The Permittees shall furnish to the Regional Water Board, State Board, or
USEPA, within a reasonable time, any information which the Regional Water
Board, State Board, or USEPA may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this MS4 Permit, or to
determine compliance with this Permit. The Permittees shall also furnish to the
Regional Water Board, State Board, or USEPA, upon request, copies of records
required to be kept by this MS4 Permit.
3. Anticipated Non-Compliance [40 CFR 122.41 (l)(2)]
The Permittees shall give advance notice to the Regional Water Board of any
planned changes in the permitted facility or activity that may result in
noncompliance with the requirements of this MS4 Permit.
4. Transfers [40 CFR 122.41(l)(3)]
This MS4 Permit is not transferable to any Person except after notice to the
Regional Water Board. The Regional Water Board may require modification or
NPDES CAS617002 66 Order No. R7-2013-0011
I. REPORTING REQUIREMENTS
revocation and reissuance of this MS4 Permit to change the name of the
Permittees and incorporate such other requirements as may be necessary under
the CWA or the CWC in accordance with the following:
a. Transfers by Modification [40 CFR 122.61(a)]
This MS4 Permit may be transferred by the Permittees to a new owner or
operator only if this MS4 Permit has been modified or revoked and
reissued, or a minor modification made to identify the new Permittee and
incorporate such other requirements as may be necessary under the CWA
or CWC.
b. The Regional Water Board does not notify the existing Permittee and the
proposed new Permittee of its intent to modify or revoke and reissue this
MS4 Permit. A modification 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 40 CFR Part 122.63 b. (2) of this reporting requirement.
5. Compliance Schedules [40 CFR 122.41(l)(5)]
Written reports of compliance or noncompliance with, or any progress reports on,
interim and final requirements contained in any compliance schedule of this MS4
Permit shall be submitted to the Regional Water Board no later than 14 days
following each schedule date.
6. Twenty-four Hour Reporting [40 CFR 122.41 (l)(6)]
a. Each Permittee shall report any noncompliance that may endanger human
health or the environment. Any information shall be provided orally to the
Regional Water Board within 24 hours from the time the Permittee
becomes aware of the circumstances. A written description of any
noncompliance shall be submitted to the Regional Water Board within five
business days of such an occurrence and contain a description of the
noncompliance and its cause; the period of noncompliance, including exact
dates and times, 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.
7. Other Non-Compliance [40 CFR 122.41 (l)(7)]
A Permittee shall report all instances of noncompliance not reported under
Sections I.5. and I.6. (above), at the time monitoring reports are submitted. The
reports shall contain the information listed in Section I.6. (above).
8. Other Information [40 CFR 122.41 (l)(8)]
Where a Permittee becomes aware that it failed to submit any relevant facts in a
ROWD, or submitted incorrect information in a ROWD, or in any report to the
Regional Water Board, it shall promptly submit such facts or information.
NPDES CAS617002 67 Order No. R7-2013-0011
I. REPORTING REQUIREMENTS
9. Signatory Requirements [40 CFR 122.41(k)(1) and 40 CFR 122.22]
All applications, reports, or information submitted to the Regional Water Board
shall be signed and certified.
a. All ROWDs shall be signed by either a principal executive officer or ranking
elected official.
b. All reports required by this MS4 Permit, and other information requested by
the Regional Water Board shall be signed by a Person described in Item
No. 9. a. of this reporting requirement, or by a duly authorized
representative of that Person. A Person is a duly authorized representative
only if:
i. The authorization is made in writing by a Person described in Item
No. 9. a. of this reporting requirement;
ii. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity; and
iii. The written authorization is submitted to the Regional Water Board.
c. If an authorization under paragraph b. of this reporting requirement is no
longer accurate because a different individual or position has responsibility
for the overall operation of the facility, a new authorization satisfying the
requirement of Item No. 9. b. of this reporting requirement must be
submitted to Regional Water Board prior to or together with any reports,
information, or applications to be signed by an authorized representative.
d. Any Person signing a document under paragraph Item No. 9 a. or b. of this
reporting requirement shall make the following certification:
I 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 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. I
am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
10. Except for data determined to be confidential under 40 CFR Part 2, all reports
prepared in accordance with the terms of this MS4 Permit shall be available for
public inspection at the offices of the Regional Water Board. As required by the
CWA, ROWDs, this MS4 Permit, and monitoring data shall not be considered
confidential.
11. The discharger shall submit reports and provide notifications as required by this
MS4 Permit to the following:
NPDES CAS617002 68 Order No. R7-2013-0011
I. REPORTING REQUIREMENTS
Executive Officer
California Regional Water Quality Control Board Colorado River Basin Region
73-720 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
Eugene Bromley
U.S. Environmental Protection Agency - Region IX Permits Issuance Section
(W-5-1)
75 Hawthorne Street
San Francisco, CA 94105
Unless otherwise directed, the discharger shall submit one hard copy and one
electronic copy, as a searchable Portable Document Format (PDF), of each
report required under this MS4 Permit to the Regional Water Board and one
electronic copy, as a searchable PDF, to USEPA.
NPDES CAS617002 69 Order No. R7-2013-0011
J. NOTIFICATIONS
J. NOTIFICATIONS
1. CWC Section 13263(g)
No discharge of Waste into the Waters of the State, whether or not the discharge
is made pursuant to WDRs, shall create a vested right to continue the discharge.
All discharges of Waste into Waters of the State are privileges, not rights.
2. The Regional Water Board has, in prior years, issued a limited number of
individual NPDES permits for Non-Storm Water discharges. The Regional Water
Board or State Board may in the future, upon prior notice to the Permittee(s),
issue an NPDES permit for any Non-Storm Water discharge (or class of Non-
Storm Water discharges) to the MS4. Permittees may prohibit any Non-Storm
Water discharge (or class of Non-Storm Water discharges) to the MS4 that is
authorized under such separate NPDES permits.
3. Enforcement Provisions [40 CFR 122.41(a)(2)] [CWC Sections 13385 and 13387].
4. The CWA provides that any Person, who violates section 301, 302, 306, 307, 308,
318 or 405 of the Act, or any condition or limitation of this MS4 Permit, 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 sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation of this MS4 Permit, 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. In the case of a second or
subsequent conviction for a negligent violation, a Person shall be subject to
criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than two years, or both. Any Person who knowingly
violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more
than three years, or both. In the case of a second or subsequent conviction for a
knowing violation, a Person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than six years, or both.
Any Person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or
405 of the Act, or any condition or limitation of this MS4 Permit, and who knows at
that time that he or she thereby places another Person in imminent danger of
death or serious bodily injury, shall, upon conviction, be subject to a fine of not
more than $250,000 or imprisonment of not more than 15 years, or both. In the
case of a second or subsequent conviction for a knowing endangerment violation,
a Person shall be subject to a fine of not more than $500,000 or by imprisonment
of not more than 30 years, or both. An organization, as defined in section
309(c)(3)(B)(iii) of the CWA shall, upon conviction of violating the imminent danger
provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. Nothing in this MS4 Permit
shall be construed to preclude the institution of any legal action or relieve the
Permittee from any responsibilities, liabilities, or penalties to which the Permittees
are or may be subject to under Section 311 of the CWA or established pursuant to
any applicable State law or regulation under authority preserved by Section 510 of
the CWA.
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K. GLOSSARY OF TERMS
K. GLOSSARY OF TERMS
305(b) Report - Every two years, the State Board submits a report on the State's
water quality to USEPA pursuant to Section 305(b) of the CWA. The Report
provides water quality information to the general public and serves as the basis
for USEPA's National Water Quality Inventory Report to Congress.
AGR – Agriculture Supply
Annual Report – Annual Compliance Report required under this MS4 Permit.
Annual Monitoring Report - Annual Compliance Report required under Section
L.11 of this MS4 Permit.
AQUA – Aquaculture
Basin Plan – Water Quality Control Plan developed by the Regional Water Board.
Beneficial Uses – Beneficial Uses of the Waters of the State that may be protected
against quality degradation include, but are not limited to, domestic, municipal,
agricultural and industrial supply; power generation; recreation; aesthetic enjoyment;
navigation; and preservation and enhancement of fish, wildlife, and other aquatic
resources or preserves.
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 Pollutant loading from storm water or non-
storm water discharges to Receiving Waters. In the case of MS4 permits, the Effluent
Limitations required is implementation of BMPs to the MEP.
Cal EMA – California Emergency Management Agency
CalTrans – California Department of Transportation
CAP – Compliance Assistance Program
CASQA – California Stormwater Quality Association
CEQA – California Environmental Quality Act (Section 21000 et seq. of the California
Public Resources Code)
Chronic Water Quality Concern- A constituent for which a given water body
frequently experiences exceedances of Receiving Water WQOs, or for which
there is an established TMDL for a particular water body. The term Chronic
Water Quality Concern does not relate water quality and water toxicity.
Cleaning – The removal of litter or debris that can impact Receiving Waters.
CMP – Consolidated Program for Water Quality Monitoring
Coachella Valley Regional Water Management Group (CVRWMG) - A
collaborative effort led by the five water purveyors of the Coachella Valley to
develop and implement an Integrated Regional Water Management Plan to
address the water resources planning needs of the Coachella Valley. The
CVRWMG Region is located in central Riverside County, within the Colorado
River Funding Area, as defined by the Department of Water Resources. The
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K. GLOSSARY OF TERMS
boundary for the CVRWMG Management Region is chiefly the same boundary as
the Whitewater River Basin.
COLD – Cold and Freshwater Habitat Beneficial Use
Contamination – As defined in the Porter-Cologne Water Quality Control Act,
Contamination is “an impairment of the quality of Waters of the State by Waste to a
degree which creates a hazard to the public health through poisoning or through the
spread of disease.” ‘Contamination’ includes any equivalent effect resulting from the
disposal of Waste whether or not Waters of the State are affected.
Connectivity – As used in this MS4 Permit, contiguous flow between two or more
surface waters.
Constituents of Concern - Water quality constituents, not including field parameters,
which have been detected in Whitewater River Region monitoring results more than
once during the last two MS4 Permit terms, at concentrations higher than respective
minimum reporting limits. In the Whitewater River Region, Constituents of Concern
include: Antimony, Arsenic, Barium, Beryllium, Cadmium, Copper, Chromium,
Chromium6+, Lead, Mercury, Nickel, Selenium, Silver, Thallium, Zinc, Nitrite, Nitrate, Total
Kjeldahl Nitrogen, Total Nitrogen, Ammonia, TSS, TDS, Total Phosphorous, Ortho
Phosphorous, Total Petroleum Hydrocarbons (TPH), Methylene-blue activated
substances (MBAS), Ethylene-Glycol, Oil and Grease and E. coli.
Co-Permittees – CVWD and incorporated cities, including the Cities of Banning,
Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta,
Palm Desert, Palm Springs and Rancho Mirage are identified as the Co-
Permittees of this MS4 Permit.
County – County of Riverside, a legal subdivision of the State of California.
Construction General Permit (CGP) – General Permit for Storm Water Discharges
Associated with Construction Activity; State Board Order No. 2009-0009-DWQ as
amended by 2010-0014-DWQ (NPDES No. CAS000002).
CVSC – Coachella Valley Stormwater Channel
CVWD – Coachella Valley Water District
CWA – Federal Clean Water Act
CWA Section 402(p) – [33 USC 1342(p)] is the federal statute requiring discharges of
Storm Water from MS4 and industrial facilities and activities to obtain NPDES permits.
CWA Section 303(d) Water Bodies – A "section 303(d) water body" is designated by the
State Board and USEPA as an Impaired Water body where water quality does not meet
applicable WQS, even after the application of technology based Pollution controls
required by the CWA.
CWC – California Water Code
DEH – County Department of Environmental Health
Desert Task Force – A technical committee, consisting of representatives from each
Permittee, which directs the development or revision of the program elements comprising
the SWMP and coordinates implementation of the Whitewater River Region MS4
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K. GLOSSARY OF TERMS
program. Per requirements of this MS4 Permit, the Desert Task Force meets quarterly,
at a minimum.
Dry Weather – Dry Weather for the purposes of monitoring must be preceded by at least
72 hours of dry conditions (less than 0.1 inch of precipitation).
Effluent Limitations – Effluent Limitations, or Effluent Limits, means any restriction
imposed by the Regional Water Board on quantities, discharge rates, and
concentrations of Pollutants which are discharged from Point Sources into Waters of
the United States. The Effluent Limitations contained in this MS4 Permit are narrative,
and include the SWMP’s requirement to implement appropriate BMPs to the MEP.
Emergency Situation – Any sewage spill above 1,000 gallons or that could impact water
contact recreation, any oil spill that could impact wildlife, any Hazardous Material spill
where residents are evacuated, any spill of reportable quantities of Hazardous Waste (as
defined in 40 CFR 117 and 40 CFR 302), or any other spill or discharge that is reportable
to the Cal EMA.
Ephemeral Streams – Surface waters without perennial or intermittent flow. Table 2-3 of
the Basin Plan defines Beneficial Uses for Receiving Waters within the Western
Colorado River Basin. Table 2-3 broadly categorizes all surface waters not specifically
named as either Washes or “Unlisted Perennial and Intermittent Streams”. Ephemeral
Streams include the section of ephemeral flow in the Whitewater River and CVSC from
Indian Canyon Drive to approximately ¼ mile west of Monroe Street crossing.
Erosion – When land is diminished or worn away due to wind, water, or glacial ice.
Executive Officer – The Executive Officer of the Regional Water Board
FRSH – Freshwater Replenishment Beneficial Use
General Industrial Permit – General Permit for Storm Water Discharges Associated
with Industrial Activities; State Board Order No. 97-03-DWQ (NPDES No. CAS000001)
General Storm Water Permits – General Industrial Permit and General Construction
Permit.
Grading – The cutting and/or filling of the land surface to a desired slope or elevation.
GRW – Groundwater Recharge Beneficial Use
Hazardous Material – Any substance that poses a threat to human health or the
environment due to its Toxicity, corrosiveness, ignitability, explosive nature or chemical
reactivity. These also include materials named by the USEPA to be reported if a
designated quantity of the material is spilled into the Waters of the United States or
emitted into the environment.
Hazardous Waste – Hazardous Waste is defined as “any Waste, which, under Section
600 of Title 22 of this code, is required to be managed according to Chapter 30 of Division
4.5 of Title 22 of this code.” [CCR Title 22, Division 4.5, Chapter 11, Article 1]
HAZMAT – Hazardous Materials
HHW – Household Hazardous Waste
Hydrologic Condition of Concern (HCOC) – Changes caused by a New Development
or Redevelopment Project to Urban Runoff flow rates, velocities, durations and/or
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K. GLOSSARY OF TERMS
volumes that cause significant downstream erosion beyond the pre-development
condition or cause significant adverse impacts to stream habitat.
IC/ID – Illicit Connection/Illegal Discharge
IC/ID Database – Database of IC/ID incidents and investigations, required by Section
F.1.a.iii. of this MS4 Permit.
Illegal Discharge (ID) - Defined at 40 CFR 122.26(b)(2) as any discharge to a MS4 that
is not composed entirely of Storm Water except discharges pursuant to a separate
NPDES permit and discharges resulting from emergency fire fighting activities. The term
excludes discharges that are identified as not prohibited in Section C. ALLOWABLE
NON-STORM WATER DISCHARGES of this MS4 Permit, and discharges authorized by
the Executive Officer.
Illicit Connection (IC) – Any connection to the MS4 that is prohibited under local, state,
or federal statutes, ordinances, codes, or regulations.
Impaired Waterbody – See CWA Section 303(d)Water Bodies.
Impairment – A waterbody condition where WQSs are not attained.
Implementation Agreement – Establishes the responsibilities of the Permittees and
provides for funding of “umbrella” activities related to compliance with this MS4 Permit.
IND – Industrial water supply Beneficial Use.
Intermittent Beneficial Use – Beneficial Uses, which occur only seasonally because of
limiting environmental conditions (e.g., provide habitat for trout during colder months of
the year) and uses which are dependent on and occur only when sufficient flow exists.
Land Disturbance – The clearing, Grading, excavation, stockpiling, or other construction
activity that result in the possible mobilization of soils or other Pollutants into the MS4s.
This specifically does not include routine maintenance activity to maintain the original line
and grade, hydraulic capacity, or original purpose of the facility. This also does not
include emergency construction activities required to protect public health and safety.
The Permittees should first confirm with Regional Water Board staff if they believe that
a particular routine maintenance activity is exempt under this definition from any General
Storm Water Permits or other Orders (i.e., 401 Water Quality Certifications) issued by
the State or Regional Water Board.
Load Allocation (LA) – Distribution or assignment of TMDL Pollutant loads to entities or
sources for existing and future Non-Point Sources, including background loads.
Low Impact Development (LID) – Comprises a set of approaches to Stormwater
management and land development that combines a hydrologically functional Site
Design with Pollution Prevention measures to compensate for potential land
development impacts on hydrology and water quality.
MEP (Maximum Extent Practicable) – MEP is the technology-based standard
established by Congress in CWA Section 402(p)(3)(B)(iii) that MS4 dischargers must
meet. Technology-based standards establish the level of Pollutant reductions that
dischargers must achieve, typically by treatment or by a combination of treatment and
BMPs. The MEP approach generally emphasizes Pollution Prevention and Source
Control BMPs primarily (as the first line of defense) in combination with treatment
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K. GLOSSARY OF TERMS
methods serving as a backup (additional line of defense). In selecting BMPs which will
achieve MEP, the following factors may be useful to consider:
a. Effectiveness: Will the BMPs address a Pollutant of concern?
b. Regulatory Compliance: Is the BMP in compliance with Storm Water
regulations as well as other environmental regulations?
c. Public Acceptance: Does the BMP have public support?
d. Cost: Will the cost of implementing the BMP have a reasonable relationship to
the pollution control benefits to be achieved?
e. Technical Feasibility: Is the BMP technically feasible considering soils,
geography, water resources, etc.?
MS4 Outfall – Includes Outfall, Major Outfall and Major MS4 Outfall, and means a
MS4 outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which
is associated with a drainage area of more than 50 acres); or for MS4s that receive
Stormwater from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside
diameter of 12 inches or more or from its equivalent (discharge from other than a circular
pipe associated with a drainage area of 2 acres or more).
MS4 Permit – ORDER NO. R7-2013-0011 NPDES No. CAS617002
MS4 Permit Area – The Whitewater River Region, as identified in ATTACHMENT A -
SITE MAP.
MUN – Municipal and Domestic Supply Beneficial Use
Municipal Facility/Activity Pollution Prevention Plan – Site-specific plan required by
this MS4 Permit to minimize and manage Pollutants from entering the MS4 from
Permittee facilities which feature outdoor materials storage or maintenance areas.
Municipal Separate Storm Sewer System (MS4) – A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a
State, city town, borough, county, parish, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage,
industrial wastes, Storm Water, or other Wastes, including special districts under State
law such as a sewer district, flood control district or drainage district, or similar entity, or
an Indian tribe or an authorized Indian tribal organization, or designated and approved
management agency under section 208 of the CWA that discharges to Waters of the
United States; (ii) Designated or used for collecting of conveying Storm Water; (iii)
Which is not a combined sewer; (iv) Which is not part of the Publicly Owned Treatment
Works (POTW) as defined at 40 CFR 122.2.
National Pollution Discharge Elimination System (NPDES) – Federal permits
authorizing the discharge of Waste to Waters of the United States. All NPDES permits
issued by the State of California are also WDRs.
Natural Slope – The natural grade of a slope prior to grading activity.
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K. GLOSSARY OF TERMS
New Development – New construction on a previously undisturbed parcel. New
Developments does not include routine maintenance to maintain original line and grade,
hydraulic capacity, or original purpose of a facility, nor does it include emergency new
development required to protect public health and safety. Dischargers should confirm
with Regional Water Board staff whether or not a particular routine maintenance activity
is subject to this MS4 Permit.
NOI (Notice of Intent) – A NOI is an application for coverage under either of the General
Storm Water Permits.
Non-Point Source – Diffuse, widespread sources of Pollution, and which do not qualify
as a Point Source. These sources may be large or small, but are generally numerous
throughout a Watershed. Non-Point Sources, include but are not limited to urban,
agricultural or industrial areas, construction sites, communities served by septic systems,
recreational boating activities, timber harvesting, mining, livestock grazing, as well as
physical changes to stream channels, and habitat degradation.
Non-Storm Water – Non-Storm Water consists of all discharges to and from a MS4 that
do not originate from precipitation events (i.e., all discharges from a MS4 other than storm
water). Non-Storm Water includes IDs, non-prohibited discharges, and NPDES
permitted discharges.
Nuisance – As defined in the Porter-Cologne Water Quality Control Act, “anything which
meets all of the following requirements: 1) Is injurious to health, or is indecent, or
offensive to the senses, or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property. 2) Affects at the same time an entire
community or neighborhood, or any considerable number of Persons, although the extent
of the annoyance or damage inflicted upon individuals may be unequal. 3) Occurs during,
or as a result of, the treatment or disposal of Wastes.”
Numeric Effluent Limitations – A quantitative limitation on Pollutant concentrations or
levels to protect Beneficial Uses and Water Quality Objectives of a water body.
Open Space – Any parcel or are of land or water that is essentially unimproved or
devoted to an open-space use for the purposes of (1) the preservation of natural
resources, (2) the managed production of resources, (3) outdoor recreation, or (4) public
health and safety. (Riverside County General Plan, adopted October 7, 2003. Technical
Appendix A, Glossary)
“Only Rain Down The Storm Drain” Pollution Prevention Program – County Urban
Runoff public education program.
Other Development Projects – Development projects that disturb areas equal to or
greater than 1 acre, including projects that disturb less than 1 acre, but are part of
a larger common plan of development or sale, that discharge into the MS4, as
specified by Section F.1.c.ii.1 of this MS4 Permit
Permittees – County, RCFC&WCD, CVWD and the Cities of Banning, Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs
and Rancho Mirage. A Permittee to the Whitewater River Region is only responsible
for permit conditions relating to the discharge of Urban Runoff from MS4 facilities located
within the Whitewater River Region, and for which the Permittee is the operator.
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K. GLOSSARY OF TERMS
Person - A Person is defined as an individual, association, partnership, corporation,
municipality, state or federal agency, or an agent or employee thereof. [40 CFR 122.2].
Point Source – Any discernible, confined, and discrete conveyance, including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, landfill leachate collection system, vessel
or other floating craft from which Pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture or agricultural Stormwater runoff.
Pollutants of Concern - Any Pollutants generated by the development, including
Pollutants that are listed under CWA Section 303(d), Pollutants associated with the land
use type of the development and legacy Pollutants associated with past use of the
development site that may be exposed to Urban Runoff.
Pollutant – As defined at 40 CFR 122.2, Pollutant means dredged spoil, solid waste,
incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials (except those regulated under
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural
waste discharged into water. It does not mean:
a. Sewage from vessels; or
b. Water, gas, or other material which is injected into a well to facilitate production
of oil or gas, or water derived in association with oil and gas production and
disposed of in a well, if the well is used either to facilitate production or for
disposal purposes is approved by authority of the State in which the well is
located, and if the State determines that the injection or disposal will not result
in the degradation of ground or surface water resources; or
c. Those discharged substances that are specifically excluded from coverage
under NPDES permits pursuant to 40 CRF 122.3.
Pollution Prevention - Practices and processes which reduce or eliminate the
generation of Pollutants, in contrast to Source Control, Pollution control, Treatment
Control BMPs, or disposal.
Pollution Prevention BMPs – In general, activities or programs that aim to educate the
public in order to reduce or eliminate the generation of Pollutants.
Post-Construction BMPs - Subsets of BMPs including Source Control and structural
treatment that detain, retain, filter, or educate to prevent the release of Pollutants to
surface waters during the final functional life of development.
POTW – Publicly owned treatment works
POW – Hydropower Generation Beneficial Use
Pre-Development Runoff Conditions - The runoff conditions existing onsite immediately
before the planned development activities occur. Pre-Development Runoff Conditions
are not intended to be interpreted as those conditions that existed before any human-
induced land activities occurred. This pertains to redevelopment as well as initial
development.
Principal Permittees – RCFC&WCD and the County
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K. GLOSSARY OF TERMS
Priority Development Projects – Discretionary New Development and
Redevelopment Projects that fall into any of the categories listed in Section
F.1.c.iii of this MS4 Permit.
Priority Pollutants – USEPA Priority Pollutants.
Rainy Season – Not defined for the Whitewater River Region. Per the General
Industrial Permit, defined as October 1st through May 30th.
RCFC&WCD – Riverside County Flood Control and Water Conservation District
RARE – Rare, Threatened or Endangered Species Beneficial Use
RCWMD – County Waste Management Department
Receiving Water(s) – Waters of the United States within the Whitewater River
Region.
Receiving Water Limitations - Any applicable numeric or narrative water quality
objective or criterion, or limitation to implement the applicable water quality objective or
criterion, for the Receiving Water as contained in the Basin Plan, water quality control
plans or policies adopted by the State Board, or federal regulations applicable to
Receiving Waters.
Receiving Water Quality Objectives – WQOs specified in the Basin Plan for Receiving
Waters.
REC-I – Water contact recreation Beneficial Use
REC-II – Non-contact water recreation Beneficial Use
Redevelopment Project - New development on a previously disturbed parcel.
Emergency redevelopment activities required to protect public health and safety, and
routine maintenance activities conducted to maintain original line and grade, hydraulic
capacity, or restore original purpose of the facility are not included.
Regional Water Board – California Regional Water Quality Control Board, Colorado
River Basin
Riverside County – Territory within the geographical boundaries of the County.
ROWD – Report of Waste Discharge.
Sanitary Sewer Overflow (SSO) – Any overflow, spill, release, discharge or
diversion of untreated or partially treated wastewater from a sanitary sewer
system.
Sediment – Soil, sand, and minerals washed from land into water. This MS4 Permit
regulates only the discharges of Sediment from anthropogenic sources and does not
regulate naturally occurring sources of Sediment.
SIC – Standard Industrial Classification
Site Design BMPs – In general, activities or programs to educate the public or provide
low cost non-physical solutions, as well as facility design or practices aimed at reducing
Urban Runoff, increasing infiltration, reducing Pollutant transport mechanisms,
minimizing the difference between pre- and post-development Urban Runoff.
Redevelopment Projects that are undertaken to remove Pollutant sources (such as
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K. GLOSSARY OF TERMS
existing surface parking lots and other impervious surfaces), or to reduce the need for
new roads and other impervious surfaces (as compared to conventional or low density
New Development) by incorporating higher densities and/or mixed land uses into the
project design, are also considered Site Design BMPs.
Source Control BMPs – In general, activities or programs to educate the public or
provide low cost non-physical solutions, as well as facility design or practices aimed to
limit the contact between Pollutant sources and Storm Water or authorized Non-Storm
Water. Examples include: activity schedules, prohibitions of practices, street sweeping,
facility maintenance, detection and elimination of IC/ID, and other non-structural
measures. Facility design (structural) examples include providing attached lids to trash
containers, or roof or awning over material and trash storage areas to prevent direct
contact between water and Pollutants. Additional examples are provided in Section
F.1.c.v.3 of this MS4 Permit.
Southern California Monitoring Coalition (SMC) - A regional group working to
improve monitoring program design, parameter test methods, calibrate labs,
evaluate the effectiveness of BMPs, and/or advance the science and
understanding of Urban Runoff impacts on Receiving Waters.
State Water Resources Control Board – State Board or SWRCB
Storm Water - “Storm Water” is Storm Water runoff, snow melt runoff and surface runoff
and drainage. 40 CFR 122.26(b)(13).
Storm Water Management Plan (SWMP) – A programmatic document which describes
the activities and programs that have been developed and implemented by the
Permittees to manage Urban Runoff to comply with the requirements of this MS4
Permit for the Whitewater River Region.
Storm Water Ordinance – The Storm Water/Urban Runoff Management and Discharge
Control Ordinances and ordinances addressing Grading and Erosion control adopted by
each of the Co-Permittees
Structural BMPs – Physical facilities or controls which may include secondary
containment, treatment measures, (e.g. first flush diversion, detention/retention basins,
and oil/grease separators), run-off controls (e.g., grass swales, infiltration
trenches/basins, etc.), and engineering and design modification of existing structures.
SWPPP – Storm Water Pollution Prevention Plan
TDS – Total dissolved solids.
TLMA – County Transportation and Land Management Agency.
Total Maximum Daily Load (TMDL) - The TMDL is the maximum amount of a Pollutant
that can be discharged into a water body from all sources (point and non-point) and still
maintain WQS. Under CWA section 303(d), TMDLs must be developed for all water
bodies that do not meet WQSs after application of technology-based controls.
Toxicity – Adverse responses of organisms to chemicals or physical agents ranging from
mortality to physiological responses such as impaired reproduction or growth anomalies.
Treatment Control BMPs – Any engineered system designed and constructed to remove
Pollutants from Urban Runoff. Pollutant removal is achieved by simple gravity settling
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K. GLOSSARY OF TERMS
of particulate Pollutants, filtration, biological uptake, media absorption or other physical,
biological or chemical process.
TSS – Total suspended solids.
Urban Runoff - Urban Runoff includes those discharges from residential, commercial,
industrial, and construction areas within the Whitewater River Region MS4 Permit Area
and excludes discharges from feedlots, dairies, farms, agricultural fields, POTWs, and
Open Space. Urban Runoff discharges consist of Storm Water and Non-Storm Water
surface runoff from drainage sub-areas with various, often mixed, land uses within all of
the hydrologic drainage areas that discharge into the Waters of the United States. In
addition to Urban Runoff, the MS4s regulated by this MS4 Permit receive flows from
agricultural activities, Open Space, state and federal properties and other non-urban land
uses not under the control of the Permittees. The quality of the discharges from the
MS4s varies considerably and is affected by, among other things, past and present land
use activities, basin hydrology, geography and geology, season, the frequency and
duration of storm events, and the presence of past or present illegal and allowed disposal
practices and IC. The Permittees lack legal jurisdiction over discharges into their
respective MS4s facilities from agricultural activities, California and federal facilities,
utilities and special districts, Native American tribal lands, wastewater management
agencies and other point and Non-Point Source discharges otherwise permitted by or
under the jurisdiction of the Regional Water Board. The Regional Water Board
recognizes that the Permittees should not be held responsible for such facilities and/or
discharges. Similarly, certain activities that generate Pollutants present in Urban Runoff
are beyond the ability of the Permittees to eliminate. Examples of these include
operation of internal combustion engines, atmospheric deposition, brake pad and tire
wear, bacteria from wildlife (including feral dogs and cats) or from bacterial resuscitation
or reactivation from treated waters or growth of bacteria in the environment (such as in
sediments, surface water, or other substrate), and leaching of naturally occurring nutrients
and minerals from local soils, residues from lawful application of pesticides, nutrient runoff
from agricultural activities, and leaching of naturally occurring minerals from local
geology.
USEPA – United States Environmental Protection Agency
WARM – Warm freshwater habitat Beneficial Use
Wash – Intermittent or Ephemeral Stream as specified in the Basin Plan.
Waste – As defined in CWC 13050(d), “Waste includes sewage and any and all other
Waste substances, liquid, solid, gaseous, or radioactive, associated with human
habitation, or of human or animal origin, or from any producing, manufacturing, or
processing operation, including Waste placed within containers of whatever nature prior
to, and for purposes of, disposal.”
Waste Discharge Requirements (WDRs) – As defined in Section 13374 of the CWC,
the term "Waste Discharge Requirements” is the equivalent of the term "permits" as
used in the Federal Water Pollution Control Act, as amended. Waste Load Allocation
(WLA) – Maximum quantity of Pollutants a Point Source discharger of waste is allowed
to release into a particular waterway, as set pursuant to a TMDL.
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K. GLOSSARY OF TERMS
Waters of the United States – As set forth in 40 CFR 122.2, the Waters of the United
States are defined as: (a) All waters, which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including all waters which
are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate
“wetlands;” (c) All other waters such as intrastate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet
meadows, playa lakes, or natural ponds the use, degradation or destruction of which
would affect or could affect interstate or foreign commerce including any such waters: (1)
Which are or could be used by interstate or foreign travelers for recreational or other
purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or (3) Which are used or could be used for industrial purposes by
industries in interstate commerce; (d) All impoundments of waters otherwise defined as
Waters of the United States under this definition; (e) Tributaries of waters identified in
paragraphs (a) through (d) of this definition; (f) The territorial seas; and (g) “Wetlands”
adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) through (f) of this definition. Waste treatment systems, including
treatment ponds or lagoons designed to meet the requirements of the CWA (other than
cooling ponds as defined in 40 CFR 423.22(m), which also meet the criteria of this
definition) are not Waters of the United States. This exclusion applies only to man-
made bodies of water, which neither were originally created in Waters of the United
States (such as disposal area in wetlands) nor resulted from the impoundment of Waters
of the United States. Waters of the United States do not include prior converted
cropland. Notwithstanding the determination of an area’s status as prior converted
cropland by any other federal agency, for the purposes of the CWA, the final authority
regarding CWA jurisdiction remains with the USEPA.
Water Quality Objective (WQO) – Numeric or narrative limits or levels of water quality
constituents or characteristics which are established for the reasonable protection of
Beneficial Uses of water or the prevention of Nuisance within a specific area [CWC
13050 (h)]. California’s WQOs are established by the State and Regional Water Boards in
the Basin Plans.
Water Quality Standards (WQS) – The water quality goals of a waterbody (or a portion
of the waterbody) designating Beneficial Uses to be made of the water and the WQOs
necessary to protect those uses. These standards also include California’s anti-
degradation policy.
Waters of the State – Any water, surface or underground, including saline waters within
the boundaries of the State [CWC Section 13050 (e)]
Watershed - That geographical area which drains to a specified point on a watercourse,
usually a confluence of streams or rivers (also known as drainage area, catchment, or
river basin).
WDID – Waste discharge identification number.
Wet Weather - As described in USEPA’s NPDES Stormwater Guidance Document
(USEPA 833-B-92-001[1]), a qualifying Wet Weather event meets the following criteria:
• The depth of the storm must be greater than 0.1 inch accumulation;
• The storm must be preceded by at least 72 hours of Dry Weather;
NPDES CAS617002 81 Order No. R7-2013-0011
K. GLOSSARY OF TERMS
• Where feasible, the depth of rain and duration of the event should not vary
by more than 50 percent from the average depth and duration.
Whitewater BMP Design Manual – A handbook developed by the Permittees to
provide design procedures for structural BMPs for Priority New Development
and Redevelopment Projects within the Whitewater River Region of Riverside
County.
Whitewater River Region - The urbanized area of the Whitewater River Watershed
under the jurisdiction of the Permittees and covered by this MS4 Permit, as identified
in ATTACHMENT A – SITE MAP.
Whitewater River Watershed – Watershed tributary to the Whitewater River.
Whitewater River Watershed Benefit Assessment Area (WWBAA) - the
RCFC&WCD’s funding source for MS4 Permit compliance program activities. The
WWBAA covers the northwesterly portion of the Watershed including County and city
jurisdictions that lie within the RCFC&WCD’s service area. WWBAA revenues fund both
area-wide MS4 program and the RCFC&WCD’s individual MS4 Permit compliance
activities.
WILD – Wildlife habitat Beneficial Use
WQBEL – Water quality based effluent limitations
WQMP – The Whitewater River Region Water Quality Management Plan.
NPDES CAS617002 82 Order No. R7-2013-0011
L. MONITORING AND REPORTING
L. MONITORING AND REPORTING
1. Pursuant to Section 13267 of the CWC, the Permittees shall comply with
Monitoring and Reporting Program No. R7-2013-0011 and with the "General
Monitoring and Reporting Provisions."
2. The Permittees shall monitor the Receiving Water and MS4 for Pollutants, as
described by this MS4 Permit, during the fiscal year (July 1 to June 30), beginning
July 1, 2014. This monitoring will assist the Permittees with characterizing of
Urban Runoff, assessing effectiveness of implemented BMPs, and determining
the impact of Urban Runoff on the Beneficial Uses of Receiving Waters in the
Whitewater River Region. Specifically, the Permittees shall monitor in
accordance with the specified monitoring schedule and Constituents of Concern
listed in this section of this MS4 Permit.
3. The Permittees may propose alternative or additional monitoring locations for
approval by the Executive Officer, pursuant to Section N.8. of this MS4 Permit.
4. The collection, preservation and holding times of all samples shall be in
accordance with USEPA-approved procedures. Unless otherwise approved by the
Executive Officer, all analyses shall be conducted by a laboratory certified for
such analysis by the California Department of Public Health. All analyses shall be
conducted in accordance with the latest edition of “Guidelines Establishing Test
Procedures for Analysis of Pollutants” (40 CFR 136), promulgated by the USEPA.
5. The timing of sample collection will be contingent on the sample holding time and
the normal working hours of the contract laboratory.
6. Due to the hazard of flash flooding that exists in waterbodies within the
Whitewater River Region MS4 Permit area, sample collection shall occur only
when there is enough sunlight to safely collect a monitoring sample from an MS4
Outfall or Receiving Water Wet Weather monitoring event. Sampling shall not
take place when it is unsafe and/or there is a flash flood warning and/or watch.
7. Permittee 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. For Dry Weather IC/ID and Wet Weather MS4 Outfall monitoring, recorded
visual observations of:
i. Presence or absence of discharge from the MS4 Outfall being
monitored;
ii. Presence or absence of surface flow in the Receiving Water
being discharged to;
iii. Presence or absence of Connectivity of surface flow from the
MS4 Outfall being monitored to its associated Receiving Water;
and,
NPDES CAS617002 83 Order No. R7-2013-0011
L. MONITORING AND REPORTING
iv. If applicable, and conditions are safe enough to gather the
information, estimations of surface flows of both the MS4 Outfall
being monitored and the associated Receiving Water.
d. The date(s) analyses were performed;
e. The analytical techniques or method used; and
f. The results of such analyses.
8. The Permittees shall retain records of all monitoring information, including all
calibration and maintenance records, copies of all reports required by this MS4
Permit, and records of all data used to complete the application for this MS4
Permit, for the time period specified in Section H.8. (above) of this MS4 Permit.
9. The Permittees shall conduct monitoring for field parameters and Constituents of
Concern as described in the appropriate sections below. Field measurements
shall be taken and samples collected only where there is sufficient depth and
volume of water to appropriately obtain representative data and samples, as
determined by Permittee field monitoring staff.
Field Parameters
Field Parameters to be monitored shall include: water temperature, pH, Electrical
Conductivity (EC), Turbidity, and Dissolved Oxygen (DO). Additional parameters
may be collected if necessary to characterize or document a suspected IC/ID (e.g.
oil and grease, etc.) or for use in follow up enforcement actions against sources of
an IC/ID. Field parameters shall be monitored at the appropriate minimum levels
and units for comparison with applicable Water Quality Objectives.
Constituents of Concern
The following table consists of Constituents of Concern that are commonly
associated with Urban Runoff throughout the State. Minimum levels of analysis
for the metals in this table shall be as listed on ATTACHMENT C – STATE
BOARD MINIMUM LEVELS; all other constituents shall be monitored at the
appropriate minimum levels and units for comparison with applicable WQOs.
Table L-1 Constituents of Concern
Total Metals Bacterial Indicator Nutrients & Other
Antimony E. coli Nitrite as Nitrogen
Arsenic Nitrate as Nitrogen
Barium Total Kjeldahl Nitrogen
Beryllium Total Nitrogen
Cadmium Ammonia as Nitrogen
Chromium Total Suspended Solids (TSS)
Chromium6+ Total Dissolved Solids (TDS)
Copper Total Phosphorus
Lead Ortho Phosphorous
Mercury Total Petroleum Hydrocarbons (TPH)
Nickel Methylene-blue activated substances
(MBAS)
Selenium Ethylene-glycol
Silver Oil and Grease
Thallium
Zinc
NPDES CAS617002 84 Order No. R7-2013-0011
L. MONITORING AND REPORTING
10. The Permittees shall conduct monitoring at the following types of locations:
a. Dry Weather IC/ID MS4 Outfall Monitoring;
b. Wet Weather MS4 Outfall Monitoring;
c. Dry Weather Receiving Water Monitoring; and
d. Wet Weather Receiving Water Monitoring.
A. Dry Weather IC/ID MS4 Outfall Monitoring
Dry Weather MS4 Outfall IC/ID monitoring shall consist of visiting the Dry
Weather IC/ID MS4 Outfall locations as shown in Table L-2 Dry Weather IC/ID
MS4 Outfall Monitoring Locations, quarterly to look for evidence of non-typical flow
and water quality conditions for each site.
The Permittees shall monitor for field parameters at the Dry Weather IC/ID MS4
Outfall monitoring locations as shown in the Table L-2 Dry Weather IC/ID MS4
Outfall Monitoring Locations.
When there is evidence of irregular flow or water quality conditions suspected to be
caused by an IC/ID activity, the Permittees with jurisdiction over the tributary area
to the MS4 Outfall shall be notified of the potential IC/ID, and be requested to
conduct a follow-up IC/ID investigation. IC/ID investigations and results shall be
tracked in the Permittees’ IC/ID Database.
Table L-2 Dry Weather IC/ID MS4 Outfall Monitoring Locations
Monitoring Location
Lat/Long
Minimum No.
of Events/Year
Type of
Sample Constituents
Ramsey Street Storm
Drain
33°48'35.0", -116°51'31.5"
4 Grab Field Parameters and E. Coli
Portola Ave Outfall
33°44'16.8", -116°22'24.6" 4 Grab Field Parameters and E. Coli
B. Wet Weather MS4 Outfall Monitoring
Wet Weather MS4 Outfall Monitoring shall be conducted30 for the purposes of
evaluating long term trends in Whitewater River Region Urban Runoff.
The Permittees shall monitor for field parameters and Constituents of Concern
at the Wet Weather MS4 Outfall monitoring locations as shown in the Table L-3
Wet Weather Outfall MS4 Monitoring Locations.
30 QA/QC procedures and monitoring protocols are presented in Permittee Annual Monitoring Reports, as
required by Section L.11.b. of this MS4 Permit.
NPDES CAS617002 85 Order No. R7-2013-0011
L. MONITORING AND REPORTING
Table L-3 Wet Weather MS4 Outfall Monitoring Locations
Monitoring Location
Lat., Long.
Minimum No.
of Events/Year
Type of
Sample Constituents
Ramsey Street Storm
Drain
33°48'35.0", -116°51'31.5" 2* Grab Field parameters and Constituents of
Concern.
Portola Avenue Outfall
33°44'16.8", -116°22'24.6" 2* Grab Field parameters and Constituents of
Concern.
* Note: The Permittees shall only conduct Wet Weather MS4 Outfall monitoring
during qualifying Wet Weather events.
C. Dry Weather Receiving Water Monitoring
Dry Weather Receiving Water Monitoring shall be conducted for the purposes of
evaluating the health of the perennial portion of the CVSC during Dry Weather
conditions.
The Permittees shall monitor for field parameters and Constituents of Concern
at the Dry Weather Receiving Water monitoring location as shown in the Table L-
4 Dry Weather Receiving Water Monitoring Location.
Table L-4 Dry Weather Receiving Water Monitoring Location
Monitoring Location
Lat., Long.
Minimum No.
of Events/Year
Type of
Sample Constituents
CVSC at Avenue 52
Bridge
33°40'20.9", -116°08'57.8"
2 Grab Field parameters and Constituents of
Concern
D. Wet Weather Receiving Water Monitoring
The Permittees shall monitor the CVSC for the purposes of evaluating the health
of the perennial portion of the CVSC during Wet Weather conditions.
The Permittees shall monitor for field parameters and Constituents of Concern
at the Wet Weather Receiving Water monitoring locations as shown in the Table
L-5 Wet Weather Receiving Water Monitoring Locations.
Table L-5 Wet Weather Receiving Water Monitoring Locations
Monitoring Location
Lat., Long.
Minimum No.
of Events/Year
Type of
Sample Constituents
CVSC at Avenue 52
Bridge
33°40'20.9", -116°08'57.8"
1 Grab Field parameters and Constituents of
Concern.
CVSC TMDL Phase 1 Monitoring
Consistent with the CVSC Bacterial Indicators TMDL Implementation Plan, the City
of Coachella submitted a monitoring program plan and quality assurance program
plan (QAPP) to the Regional Water Board on January 6, 2013; a revised plan
was subsequently submitted on February 13, 2013. Upon approval by the
NPDES CAS617002 86 Order No. R7-2013-0011
L. MONITORING AND REPORTING
Regional Water Board Executive Officer, the City of Coachella shall implement
the monitoring program plan (or future Executive Officer approved revisions to the
monitoring plan), for the City’s outfalls to the CVSC Bacterial Indicators TMDL.
Data collected by the City of Coachella as part of TMDL Phase 1 Implementation
shall be incorporated by reference into Whitewater River Region Annual
Monitoring Reports. This data will be addressed by the Regional Water Board
TMDL analysis.
Special Studies
The Permittees, individually or collectively, shall continue to participate in regional
monitoring and scientific studies conducted by the Southern California Monitoring
Coalition (SMC) and or the California Stormwater Quality Association (CASQA),
and/or other regional groups or efforts necessary to improve monitoring program
design, parameter test methods, calibrate labs, evaluate the effectiveness of
BMPs, and/or advance the science and understanding of Urban Runoff impacts
on Receiving Waters.
11. Reporting
a. An Annual Report shall be submitted to the Executive Officer stating the
results of monitoring and other reportable activities. This report shall be
submitted to the Regional Water Board by March 1 of each year.
b. The Annual Monitoring Report shall describe monitoring station locations,
provide reference to quality assurance/quality control procedures and
sampling and analysis protocols, summarize the data/results, identify
methods of evaluating the data, and provide graphical summaries of the
data.
c. In addition, Annual Monitoring Reports shall include an analysis and
interpretation of the findings of each monitoring year. Analysis of the data
shall identify water quality parameters measured outside of normal ranges
for that parameter based on historic water quality data.
d. The Fiscal Year 2015-2016 Annual Monitoring Report shall include
identification and analysis of long-term trends in Storm Water or Receiving
Water quality. The Permittees shall analyze long term trends for signs of
Chronic Water Quality Concerns, if it is determined that any exist. The
analysis shall include identification of potential urban sources of chronic
problems, effectiveness of existing BMP control measures, and recommend
necessary next steps. Next steps may include allowing for additional time to
statistically confirm a chronic water quality problem, additional data
collection necessary to examine urban sources, potential revisions to the
SWMP to address urban sources found to be contributing to the chronic
condition, or other similar measures necessary to confirm and/or address
the condition. The analysis provided in the Fiscal Year 2015-2016 Annual
Monitoring Report shall be used to facilitate preparation of the December
2017 ROWD.
NPDES CAS617002 87 Order No. R7-2013-0011
L. MONITORING AND REPORTING
e. All Annual Monitoring Reports shall use a standard report format and shall
include the following:
i. An introduction;
ii. Summary of Special Studies participated in during the reporting
period;
iii. Comprehensive interpretations and conclusions; and
iv. Recommendations for necessary future actions.
NPDES CAS617002 88 Order No. R7-2013-0011
M. ADMINISTRATIVE PROVISIONS
M. ADMINISTRATIVE PROVISIONS
1. These requirements do not exempt the Permittees from compliance with any other
laws, regulations, or ordinances which may be applicable, do not legalize land
treatment and disposal facilities, and leave unaffected any further restraints on
those facilities which may be contained in other statutes or required by other
regulatory agencies.
2. This MS4 Permit shall become the NPDES permit pursuant to Section 402 of the
federal CWA, as amended from time to time, upon adoption by the Regional
Water Board provided no objections from the USEPA Regional Administrator have
been received. If the Regional Administrator objects to the issuance, this MS4
Permit shall not become effective until such objection is withdrawn.
N. ANNUAL REPORT AND SUBMITTAL REQUIREMENTS
N. ANNUAL REPORT AND SUBMITTAL REQUIREMENTS
1. Each Permittee shall submit information for inclusion into the Annual Report, as
required by Section F. of this MS4 Permit, utilizing the Annual Report forms
included in Attachment D, Annual Report Forms.
2. The Permittees shall include in the Annual Report a brief narrative summary
describing significant regional Urban Runoff management program
accomplishments or issues encountered during the reporting year.
3. Each Permittee shall submit Annual Reports and Annual Monitoring Reports
as described by this MS4 Permit beginning with the fiscal year 2014-2015 Annual
Report. The Permittees shall submit each fiscal year’s Annual Report by March
1 the following year.
4. The Permittees may amend the Annual Report forms included in Attachment D
as needed to reflect changes in compliance programs, facilitate more accurate
reporting of compliance programs, or to improve the effectiveness and/or clarity of
program reporting.
5. Each Permittee’s Annual Reporting form shall contain a transmittal page signed
by a duly authorized representative of the Permittee. The transmittal page must
contain the following statement:
“I 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 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. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
6. Annual Reports and Annual Monitoring Reports shall be submitted according to
the requirements detailed in Sections I.9 and I.11 of this MS4 Permit.
7. Approval process for SWMP revision
i. Upon approval by the Executive Officer, the SWMP will be made available
for public review and comment for 30 days.
ii. Any person seeking changes in the SWMP must file with the Executive
Officer a written request for hearing within the 30-day public review and
comment period and which sets forth the reasons why the SWMP must be
revised (Hearing Request). If no timely and adequate Hearing Request is
filed, the Executive Officer will issue an authorization letter to the Permittee
making the approved SWMP an enforceable part of the MS4 Permit
(Authorization Letter).
iii. If a timely and adequate Hearing Request is filed, the SWMP will be placed
on the next available Regional Water Board meeting agenda, consistent with
public notice requirements and any additional time necessary to follow the
administrative procedures involved in preparing for the hearing. At the
N. ANNUAL REPORT AND SUBMITTAL REQUIREMENTS
hearing, the Regional Water Board will consider only those items in the
SWMP that are requested for revision in the Hearing Request. The Regional
Water Board may adopt the SWMP as proposed or return the SWMP to the
Regional Water Board staff for consideration of some or all of the changes
requested in the Hearing Request.
iv. Prior to the hearing, Regional Water Board staff will attempt to resolve the
issues raised in the Hearing Request by arranging a meeting with the
Permittees and the person(s) filing the Hearing Request. If no resolution of
the issues is reached, the hearing on the SWMP will proceed as scheduled.
If resolution is reached that does not require significant changes to the
SWMP, any non-significant changes will be made to the SWMP and the
Executive Officer will issue an Authorization Letter. If the agreement
reached requires significant changes to be made to the SWMP, a new 30-day
public review and comment period will be provided on the revised SWMP.
8. Approval process for other items required by this MS4 Permit
i. Other document and/or program revisions set forth in this MS4 Permit to be
submitted by the Permittees for approval by the Executive Officer shall
become effective once the Executive Officer provides notification of
approval.
O. FACT SHEET
O. FACT SHEET
1. Fact Sheet Format:
This Fact Sheet briefly sets forth the principal facts and the significant factual,
legal, methodological, and policy questions that the Regional Water Board
considered in preparing Order No. R7-2013-0011. In accordance with the Code of
Federal Regulations (CFR), Title 40, parts 124.8 and 124.56, this Fact Sheet
includes, but is not limited to, the following information:
• Contact Information;
• Public process and notification procedures;
• A brief description of the type of facility or activity that is being regulated by
the MS4 Permit;
• The type and quantity of Pollutants discharged;
• A brief summary of the basis for the requirements in the MS4 Permit;
including references to the applicable statutory or regulatory provisions; and
• A discussion of the requirements in the MS4 Permit.
2. Project Description and Permittees Information:
The following pages contain information concerning an application for renewal of
WDRs and NPDES Permit, Board Order No. R7-2008-0001, NPDES No.
CAS617002. This MS4 Permit prescribes WDRs for Urban Runoff from the Cities
and the unincorporated areas in the County within the jurisdiction of the Regional
Water Board.
On November 21, 2012, the County and the RCFC&WCD, in cooperation with the
CVWD and incorporated cities, including the Cities of Banning, Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm
Springs and Rancho Mirage (hereinafter collectively referred to as the
Permittees), jointly submitted NPDES Application No. CAS617002 and a ROWD
for re-issuance of a MS4 Permit.
For the purposes of this MS4 Permit, the following two Permittees are
identified as the Principal Permittees:
County of Riverside, 4080 Lemon Street, P.O. Box 1090, Riverside, California
92501-1090; and
Riverside County Flood Control and Water Conservation District, 1995 Market
Street, Riverside, California 92501
The CVWD and each of the Cities is identified as a Co-Permittee. Collectively,
the Principal Permittees and Co-Permittees comprise the Permittees. Under
this organizational framework, the Principal Permittees are responsible for
coordinating collective Permittee activities required by the MS4 Permit, including
report preparation and submittals to the Regional Water Board. Other specific
O. FACT SHEET
duties and obligations of the Principal Permittees and the Co-Permittees
imposed by this MS4 Permit are specified in further detail in the Implementation
Agreement, which is described in Finding No. 12 of this MS4 Permit.
3. Project Area:
This MS4 Permit applies to the urbanized areas that lie approximately between the
San Gorgonio Pass area to the northwest and the northern shore of the Salton Sea
to the southeast referred to as the Whitewater River Region. The majority of the
Whitewater River Region is in the Coachella Valley and is identified in
ATTACHMENT A – SITE MAP. The generally northwest-southeast trending
Coachella Valley is in the 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, and the San
Gorgonio Mountains, Indio Hills and Mecca Hills bound the Coachella Valley on the
northeast side. Major drainage is through the Whitewater River, and its tributaries,
which reach the northern end of the Salton Sea. The headwaters of the
Whitewater River originate from Mt. San Gorgonio. The valley surface is
characterized as being wide and blanketed by bouldery alluvial fans and sand
dunes.
4. Exclusions to the Permitted Area:
The Permittees lack legal jurisdiction over storm water discharges into their
respective MS4s facilities from certain facilities, entities, properties, and other
Point and Non-Point Source discharges otherwise permitted by or under the
jurisdiction of the Regional Water Board. The Regional Water Board finds that
the Permittees should not be held responsible for such discharges. Similarly,
certain activities that generate Pollutants present in Urban Runoff are beyond the
ability of the Permittees to eliminate. Examples may include: operation of internal
combustion engines, atmospheric deposition, brake pad and tire wear, bacteria
from wildlife (including feral dogs and cats) and transient encampments, or from
bacterial resuscitation or reactivation from treated waters or growth of bacteria in
the environment (such as in sediments, surface water, or other substrate), and
leaching of naturally occurring nutrients and minerals from local soils, residues
from lawful application of pesticides, nutrient runoff from landscape activities, and
leaching of naturally occurring minerals from local geology. This MS4 Permit is
not intended to address background or naturally occurring pollutants or flows.
Additionally, certain areas and facilities in the Whitewater River Watershed are
excluded from coverage under this MS4 Permit because such areas and facilities
are being addressed through other regulatory programs, including programs
administered by the Regional Water Board and other federal, state and local
regulatory agencies. Excluded areas include:
• Federal lands and state properties, including, but not limited to, military bases,
national forests, hospitals, colleges and universities, and highways;
• Native American tribal lands;
• Open space and rural (non-urbanized) areas;
• Agricultural lands (exempted under the CWA); and
O. FACT SHEET
• Utilities and special districts (including school districts, park districts, publicly
owned treatment works and water utilities, etc.).
These areas in the Whitewater River Region for which coverage under the MS4
NPDES Permit is excluded, are detailed in ATTACHMENT A – SITE MAP.
5. CWA Requirements:
The CWA (33 U.S.C. § 1251 et seq.) established a national policy designed to help
maintain and restore the physical, chemical and biological integrity of the nation’s
waters. In 1972, the CWA established the NPDES permit program to regulate the
discharge of Pollutants from Point Sources to Waters of the United States.
From 1972 to 1987, the main focus of the NPDES program was to regulate
conventional Pollutant sources such as sewage treatment plants and industrial
facilities. As a result, on a nationwide basis, Non-Point Sources, including
agricultural and Storm Water runoff, now contribute a larger portion of many kinds
of Pollutants than the more regulated sewage treatment plants and industrial
facilities.
The National Urban Runoff Program (NURP) final report to Congress (USEPA,
1983) concluded that the goals of the CWA could not be achieved without
addressing Storm Water discharges. The 1987 CWA amendments established a
framework for regulating Urban Runoff. Pursuant to these amendments, the
Regional Water Board began regulating municipal Storm Water runoff in 1996.
The CWA allows the USEPA to delegate its NPDES permitting authority to states
with an approved environmental regulatory program. The State of California is one
of the delegated states. The Porter-Cologne Water Quality Control Act (CWC,
Section 13000 et seq.) authorizes the State Board, through its Regional Water
Boards, to regulate and control the discharge of Pollutants into Waters of the
State and tributaries thereto. Section 405 of the Water Quality Act (WQA) of 1987
added Section 402(p) to the CWA. Pursuant to Section 402(p)(4) of the CWA, the
USEPA promulgated regulations for Storm Water permit applications for Storm
Water discharges associated with industrial activities and MS4s serving a
population of 100,000 or more. This MS4 Permit governing Urban Runoff meets
the statutory requirements of Section 402(p)(3)(B).
6. Regulatory Background and CWA Storm Water Requirements:
The CWA prohibits the discharge of any Pollutant to navigable waters from a
Point Source unless an NPDES permit authorizes the discharge. The 1987
amendments to the CWA required MS4s and industrial facilities, including
construction sites, to obtain NPDES permits for Storm Water runoff from their
facilities. On November 16, 1990, the USEPA promulgated the final Phase 1
Storm Water regulations. The Storm Water regulations are contained in 40 CFR
Parts 122, 123, and 124.
On June 22, 1996, the Regional Water Board issued Order No. 96-015 to the
Permittees (first term permit). On September 5, 2001, the Regional Water Board
adopted Order No. 01-077 (second term permit). On May 21, 2008, the Regional
Water Board adopted Order No. R7-2008-0001 (third term permit). R7-2008-0001
O. FACT SHEET
is administratively extended in accordance with Title 23, Division 3, Chapter 9,
Article 3, Section 2235.4 of the California Code of Regulations.
7. Area-Wide MS4 Permit:
To regulate and control Urban Runoff from the Whitewater River Region to the
MS4, an area-wide approach is essential. The MS4 is not controlled by a single
entity, but rather the County, several Cities, and other entities (i.e. CVWD,
RCFC&WCD) manage the systems. The management and control of the entire
MS4 cannot be effectively carried out without the cooperation and efforts of all
these entities. Also, it would not be meaningful to issue a separate MS4 Permit to
each of the entities within the Whitewater River Region whose land/facilities drain
into the MS4 operated by the Permittees. The Regional Water Board has
concluded that the best management option for the Whitewater River Region is to
issue an area-wide MS4 Permit to the RCFC&WCD, County, CVWD and the
Cities within Whitewater River Region. The State Board has issued a separate
MS4 Permit to Caltrans. Urban Runoff from other state, federal, utility, or special
district facilities and state or federal lands will be permitted separately.
This area-wide NPDES permit for the Whitewater River Region MS4 Permit Area
is being considered for renewal in accordance with Section 402(p) of the CWA and
all requirements applicable to an NPDES permit issued under the issuing
authority’s discretionary authority. The requirements included in this MS4 Permit
are consistent with the CWA, the federal regulations governing urban Storm
Water discharges, the Basin Plan, the CWC, and the State Board’s Plans and
Policies.
8. Coordination with Other Regional Agencies:
In developing BMPs and monitoring programs, consultation/coordination with other
drainage management entities and other Regional Water Boards is essential.
Regional Water Board staff will coordinate the program with other Regional Water
Boards and other flood control entities/cities on an "as needed" basis. The MS4
permit/program process is at approximately the same stage of development in
both the Santa Ana and San Diego Regional Water Board areas of the County.
Common programs, reports, implementation schedules and efforts are desirable
and will be utilized to the MEP.
9. Existing Facilities and Programs:
Storm Water discharges from urbanized areas consist mainly of surface runoff
from residential, commercial, and industrial developments. State-wide,
Constituents of Concern and significance in Storm Water discharges can
include: total suspended solids (TSS), biochemical oxygen demand (BOD),
chemical oxygen demand (COD), oil and grease (O&G), heavy metals, nutrients
and organic chemicals such as base/neutral and acid extractables, pesticides and
herbicides, and petroleum hydrocarbon components. However, Whitewater River
Region monitoring data shows that many of these constituents have not been
found to be of concern.
To protect the Beneficial Uses of Waters of the State, Pollutants that would
cause such Beneficial Uses to not be met need to be controlled. Recognizing
O. FACT SHEET
this, and the fact that Urban Runoff may contain Pollutants, the Permittees and
the Regional Water Board have all agreed that an area-wide MS4 Permit is the
most effective way to develop and implement a comprehensive Storm Water
management program in a timely manner. This MS4 Permit contains
requirements with time schedules that will allow the Permittees to continue to
address water quality problems potentially caused by Urban Runoff through their
management programs to reduce Pollutants in Urban Runoff to the MEP.
10. MS4 Permit Requirements:
In accordance with CWA Section 402(p)(3), as part of a program to reduce the
Pollutants in Urban Runoff to the MEP, the Permittees have been required to
submit existing management plans and programs being implemented or developed
in the previous MS4 Permit to reduce Pollutants in Urban Runoff. The
Permittees will be required to report, review and/or revise the management
programs and control measures in accordance with the provisions specified in this
MS4 Permit.
If existing management programs are not effective in controlling Pollutant loading
and in achieving the WQOs of Whitewater River Region Receiving Waters,
additional programs shall be developed and implemented upon consultation and
approval of the Executive Officer.
This MS4 Permit also requires the development and implementation of
management programs and/or BMPs during the life of the MS4 Permit such that
the quality of Urban Runoff discharged can ensure that the WQOs of Whitewater
River Region Receiving Waters can continue to be met. It is also expected that
through implementation of these programs and/or BMPs, the Beneficial Uses of
the Receiving Waters will continue to be protected.
11. Basin Plan and Beneficial Uses:
The Basin Plan is the basis for the Regional Water Board’s regulatory programs.
The Basin Plan was developed and is periodically reviewed and updated in
accordance with relevant federal and state law and regulation, including the CWA
and the CWC. As required, the Basin Plan designates the Beneficial Uses of the
Waters of the State within the Whitewater River Region and specifies WQOs
intended to protect those uses. (Beneficial uses and WQOs, together with an anti-
degradation policy, comprise federal WQSs). The Basin Plan also specifies an
implementation plan, which includes certain discharge prohibitions. In general, the
Basin Plan makes no distinction between wet and dry weather conditions in
designating Beneficial Uses and setting WQOs, i.e., the Beneficial Uses, and
correspondingly, the WQOs are assumed to apply year-round. (Note: In some
cases, Beneficial Uses for certain surface waters are designated as “I”, or
intermittent, in recognition of the fact that surface flows (and Beneficial Uses) may
be present only during wet weather.)
Storm Water flows which are discharged to the CVSC in the Whitewater River
Region are tributary to the Salton Sea. The Beneficial Uses of Salton Sea and its
tributaries include MUN, AGR, IND, GWR, REC-1, REC-2, WARM, COLD, WILD,
and RARE. The ultimate goal of this Urban Runoff management program is to
protect the Beneficial Uses of the Receiving Waters.
O. FACT SHEET
12. CWA Section 303(d) List and TMDLS:
Pursuant to Section 303(d) of the CWA, the 2010 water quality assessment
conducted by the Regional Water Board listed one water body within the
Whitewater River Region under Section 303(d) of the CWA as an Impaired
Waterbody. This is a water body where the designated Beneficial Uses are not
being met and WQOs are being violated. The sources of the impairments may
include POTW discharges, and runoff from agricultural, Caltrans outfalls, Native
American Tribal Lands, Open Space, and Non-Point Source discharges including
wildlife, transients and urban land uses. The Impaired Waterbody within this MS4
Permit is listed for pathogens.
Federal regulations require that a TMDL be established for each 303(d) listed
waterbody for each of the Pollutants causing impairment. The TMDL is the total
amount of the problem Pollutant that can be discharged while WQSs in the
Receiving Water attained, i.e., WQOs are met and the Beneficial Uses are
protected. It is the sum of the individual WLAs for Point Source inputs, LAs for
Non-Point Source inputs and natural background, with a margin of safety. The
TMDLs are the basis for limitations established in WDRs.
13. Permit Requirements and Provisions:
The legislative history of Storm Water statutes (1987 CWA Amendments), USEPA
regulations (40 CFR Parts 122, 123, and 124), and clarifications issued by the
State Board (State Board Orders No. WQ 91-03 and WQ 92-04) indicate that a
non-traditional NPDES permitting strategy was anticipated for regulating Urban
Runoff. Due to the economic and technical infeasibility of full-scale end-of-pipe
treatments and complexity of Urban Runoff quality and quantity, MS4 permits
generally include narrative requirements for the implementation of BMPs in place
of Numeric Effluent Limits.
The requirements in this MS4 Permit are meant to specify those management
practices, control techniques and system design and engineering methods that will
result in MEP protection of the Beneficial Uses of the Receiving Waters. State
Board Order Nos. WQ 98-01 and WQ 99-05 concluded that MS4s must meet the
technology–based MEP standard and WQSs (WQOs and Beneficial Uses). The
U.S. Court of Appeals for the Ninth Circuit, in Defenders of Wildlife v. Browner, 191
F.3d 1159 (9th Cir. 1999), subsequently held that strict compliance with WQSs in
MS4 permits is not required by the CWA, but that such compliance may be
included at the discretion of the permitting agency. Any requirements included in
the MS4 Permit that are more stringent than the federal Storm Water regulations
are in accordance with CWC Section 13377.
The ROWD included a discussion of the current status of the County Urban
Runoff management program and the proposed Urban Runoff management
programs and policies proposed for the next five years (fourth permit term). This
MS4 Permit incorporates these documents and specifies performance
commitments for specific elements to the Permittees Urban Runoff management
program.
O. FACT SHEET
The essential components of the Urban Runoff management program, as
established by federal regulations [40CFR122.26(d)] are (i) Adequate Legal
Authority, (ii) Fiscal Resources, (iii) Storm Water Management Plan (SWMP) –
(Public Information and Participation Program, Industrial/Commercial Facilities
Program, Development Planning Program, Development Construction Program,
Public Agency Activities Program, IC/ID Elimination Program), and (iv) Monitoring
and Reporting Program. The major sections in this Order include A. Findings, B.
Discharge Prohibitions, C. Allowable Non-Storm Water Discharges, D. Receiving
Water Limitations, E. Specific Permittee Requirements, F. Best Management
Practices, G. Implementation of Total Maximum Daily Loads, H. General
Provisions, I. Reporting Requirements, J. Notifications, K. Glossary of Terms, L.
Monitoring and Reporting, M. Administrative Provisions, and N. Annual Report
Form and Submittal Requirements. These programs and policies are intended to
improve Urban Runoff quality and protect the Beneficial Uses of Receiving
Waters of the Whitewater River Region.
14. Rationale for Requirements
a. Discharge Prohibitions – In accordance with CWA Section 402(p)(3)(B)(ii),
this MS4 Permit prohibits the discharge of Non-Storm Water to the MS4s,
with few exceptions;
b. Allowable Non-Storm Water Discharges – The specified exceptions are
consistent with 40 CFR 122.26(d)(2)(iv)(B)(1). If the Permittees determine
that any of the exempted Non-Storm Water discharges is a significant
source of Pollutants, the Permittees shall prohibit the discharge category
from entering the MS4, or ensure that appropriate BMPs are implemented
to the MEP to reduce or eliminate Pollutants resulting from the discharge.
The Permittees shall also provide a report to the Regional Water Board
per Section D. RECEIVING WATER LIMITATIONS, Item No. 2.;Receiving
Water Limitations – Receiving Water Limitations are included to ensure
that discharges of Urban Runoff from MS4 systems do not exceed, cause
or contribute to violations of applicable WQSs in Receiving Waters. The
compliance requirements for Receiving Water Limitations, as well as for
Discharge Prohibitions and Allowable Non-Storm Water Discharges,
involve timely implementation of control measures and other actions, as set
forth in Part D.2.of this MS4 Permit. Such requirements are consistent with
applicable State Board Orders, and recognize the complexity of Urban
Runoff management.
c. Specific Permittee Requirements – This section contains specific language
on the responsibilities of the Principal and Co-Permittees.
1. The Principal Permittees are required to coordinate the overall
Urban Runoff management program and the Co-Permittees are
responsible for managing the Urban Runoff Program within their
jurisdictions as detailed in the ROWD, the Annual Reports and
Order No. R7-2013-0011.
O. FACT SHEET
2. Each Permittee is required to obtain adequate legal authority, which
authorizes or enables them to implement and enforce the applicable
provisions of this MS4 Permit. Each Permittee has adopted a
number of ordinances, to establish legal authority to control
discharges to the MS4s, and enforces these ordinances31 as
specified in 40 CFR 122.26(d)(2)(I)(B, C, E, and F). The Permittees
are required to enforce these ordinances, and take enforcement
actions against violators (40 CFR 122.26(d)(2)(iv.)(A-D).
d. Best Management Practices – The federal regulations at 40 CFR
122.26(d)(2)(iv)(A-D) set forth the responsibility of municipalities for control
of Urban Runoff from third party activities and land uses to their MS4.
Under the CWA Section 402(p), municipalities are required to reduce the
discharge of Pollutants from their MS4s facilities to the MEP. MEP is the
critical technology-based performance standard that municipalities must
attain in order to comply with their MS4 permits. The MEP standard
establishes the level of Pollutant reductions the municipality must achieve.
The MEP standard can be achieved by means of implementing Pollution
Prevention and Source Control BMPs (as the first line of defense), subject
to the requirement that the BMPs be “practicable.” Each Permittee is
required to implement the programs and BMPs to the MEP as described in
the SWMP and this MS4 Permit. These programs and BMPs include as
follows:
1. IC/ID, Litter, Debris and Trash Control Program - The Permittees
have established a program to address IC/IDs and a mechanism to
respond to spills, leaks and other incidents of discharges to the MS4.
The Permittees are required to continue these programs to ensure
that such discharges, if discharged from the MS4s do not become a
source of Pollutants in Receiving Waters.
2. Commercial/Industrial Program – This MS4 Permit requires the
Permittees to continue to identify commercial and industrial facilities
within their jurisdiction which have potential to contribute substantial
Pollutant load to MS4s. The Permittees will continue to maintain
the Commercial/Industrial facilities database, and perform
inspections at targeted facilities to confirm compliance with
respective Permittee Stormwater Ordinances. The existing CAP
program described in Section 3 of the SWMP meets the intent of
Section F.1.b of this MS4 Permit. The CAP is an area-wide
program, implemented by DEH as an extension of its oversight and
inspection of industrial and commercial sources for other regulatory
programs. Prioritization and inspection frequencies are established
by the requirements of County environmental health regulations and
codes. Where CAP Industrial/Commercial inspections indicate that a
31The District and CVWD do not govern as municipal authorities over any land areas; therefore, this provision is not
applicable to them.
O. FACT SHEET
facility is out of compliance with a Permittee’s Storm Water
Ordinance, Permittee staff are required to perform a re-inspection.
3. New Development/Redevelopment and Construction Activities
Program – The Permittees are required to develop and implement
strategies to ensure that controls are in place to prevent or minimize
water quality impacts to the MEP for these activities.
4. Private Construction Activities Program – The Permittees shall
continue to implement and enforce a program to reduce Pollutants in
Urban Runoff to the MS4 from construction activities that result in a
Land Disturbance of greater than or equal to one acre.
5. Permittee Activities Program – The Permittees are required to
continue to address discharges of Pollutants from public agency
activities and facilities and inspect and maintain their MS4 facilities
on a developed schedule to ensure protection of Receiving Waters;
and
6. Public Education and Outreach Program – The Permittees have
committed to implement a strategic and comprehensive public
education program to maintain the integrity of the Receiving Waters
to sustain Beneficial Uses.
e. Total Maximum Daily Loads – This MS4 Permit incorporates the TMDL
that was adopted for Bacterial Indicators in the CVSC. The Regional Water
Board adopted a Basin Plan amendment incorporating the CVSC Bacterial
Indicators TMDL on May 16, 2007, and as modified on June 17, 2010. The
TMDL was subsequently approved by the State Board on July 19, 2011,
approved by the Office of Administrative Law on February 2, 2012 and
approved by USEPA on April 27, 2012.
This MS4 Permit includes conditions necessary to implement the TMDLs
already approved by the Regional Water Board consistent with federal
regulations at 40 CFR 122.44(d)(vii)(B).
f. General Provisions – These general provisions were included as part of the
previous MS4 Permit.
g. Reporting Requirements – These reporting requirements were included as
part of the previous MS4 Permit.
h. Notifications – These notification requirements were included as part of the
previous MS4 Permit.
i. Glossary of Terms – The glossary was revised to provide clarity on terms
used in this MS4 Permit.
j. Monitoring and Reporting – The key focus of the monitoring and reporting
program is to collect data and develop methodologies and assessment tools
O. FACT SHEET
to more effectively understand Urban Runoff impacts, if any, to Whitewater
River Region Receiving Waters.
k. Administrative Provisions – These administrative provisions were included
as part of the previous MS4 Permit.
l. Annual Report and Submittal Requirements – These requirements were
included as part of the previous permit and reflect new MS4 Permit
requirements.
15. Anti-degradation Analysis:
The Regional Water Board has considered whether a complete anti-degradation
analysis, pursuant to 40 CFR 131.12 and State Board Resolution No. 68-16, is
required for these Urban Runoff discharges. The Regional Water Board finds
that Pollutant loading rates to Receiving Waters will be reduced with the
implementation of the requirements in this MS4 Permit. As a result, the quality of
Storm Water discharges and Receiving Waters will be improved, thereby
protecting the Beneficial Uses of Waters of the United States. This is consistent
with the federal and state anti-degradation requirements and thus a complete anti-
degradation analysis is not necessary.
16. Public Participation:
The Regional Water Board is considering the issuance of WDRs that will serve as
an NPDES Permit for MS4 Permittees. As a step in the WDRs adoption process,
the Regional Water Board staff has developed tentative WDRs. The Regional
Water Board encourages public participation in the WDRs adoption process.
17. Notification of Interested Parties:
The Regional Water Board has notified the Dischargers and interested agencies
and Persons of its intent to prescribe WDRs for the discharge and has provided
them with an opportunity to submit their written comments and recommendations.
Notification was provided through the following newspaper: Desert Sun.
18. Public Workshop:
The Regional Water Board recognizes the significance of the County's “Only
Rain Down The Storm Drain” Pollution Prevention Program and will conduct,
participate, and/or assist with at least one workshop every year during the term of
this MS4 Permit to promote and discuss the progress of the Urban Runoff
management program. The details of the annual workshop will be published in
local newspapers and mailed to interested parties. Persons wishing to be
included in the mailing list for any of the items related to this MS4 Permit may
register their name, mailing address and phone number with the Regional Water
Board office at the address given below.
19. Written Comments:
O. FACT SHEET
The staff determinations are tentative. Interested Persons and agencies are
invited to submit written comments concerning these tentative WDRs. Comments
must be submitted either in person or by mail to the Executive Officer.
Executive Officer
California Regional Water Quality Control Board
Colorado River Basin Region
73-720 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
To be fully responded to by staff and considered by the Regional Water Board,
written comments should be received at the Regional Water Board office by 5:00
p.m., June 4, 2013.
20. Information and Copying:
The ROWD, related documents, tentative WDRs, comments received, and other
information are on file and may be inspected at the address above at any time
between 8:30 a.m. and 4:45 p.m., Monday through Friday. Copying of documents
may be arranged through the Regional Water Board by calling (760) 346-7491.
21. Register of Interested Persons:
Any Person interested in being placed on the mailing list for information regarding
the WDRs and NPDES MS4 permit should contact the Regional Water Board,
reference this facility, and provide a name, address, and phone number.
22. Public Hearing:
The Regional Water Board will hold a public hearing on the tentative WDRs
during its regular Board meeting on the following date and time and at the following
location:
Date: June 20, 2013
Time: 10:00 a.m.
Location: Town of Yucca Valley Community Center- Yucca Room
57090 Twentynine Palms Hwy
Yucca Valley, CA 92284
Interested Persons are invited to attend. At the public hearing, the Regional
Water Board will hear testimony, if any, pertinent to the discharge, WDRs, and
MS4 Permit. Oral testimony will be heard; however, for accuracy of the record,
important testimony should be in writing.
Please be aware that dates and venues may change. Our Web address is
www.waterboards.ca.gov/coloradoriver where you can access the current agenda
for changes in dates and locations.
23. WDRs Petitions:
O. FACT SHEET
Any aggrieved person may petition the State Board to review the decision of the
Regional Water Board regarding the final WDRs. The petition must be submitted
within 30 days of the Regional Water Board’s decision to the following address:
State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100
Sacramento, CA 95812-0100
24. Additional Information
Requests for additional information or questions regarding this MS4 Permit should
be directed to Anders Wistrom at (760) 776-8964.
Persons wishing further information may also write to the following address:
California Regional Water Quality Control Board
Colorado River Basin Region
73-720 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
or call the Regional Water Board at (760) 346-7491
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ATTACHMENT C – STATE BOARD MINIMUM LEVELS 109
ATTACHMENT C – STATE BOARD MINIMUM LEVELS
SWRCB Minimum Levels in ppb (μg/L)
The Minimum Levels (MLs) in this appendix are for use in reporting and compliance determination purposes in accordance with section 2.4 of the State
Implementation Policy. These MLs were derived from data for priority pollutants provided by State certified analytical laboratories in 1997 and 1998.
These MLs shall be used until new values are adopted by the SWRCB and become effective. The following table presents MLs for one major chemical
grouping: inorganics.
Table C-1 Inorganics
Table C-3 –
INORGANICS*
FAA GFAA ICP ICPMS SPGFAA HYDRIDE CVAA COLOR DCP
Antimony 10 5 50 0.5 5 0.5 1,000
Arsenic 2 10 2 2 1 20 1,000
Beryllium 20 0.5 2 0.5 1 1,000
Cadmium 10 0.5 10 0.25 0.5 1,000
Chromium
(total)
50 2 10 0.5 1 1,000
Chromium VI 5 10
Copper 25 5 10 0.5 2 1,000
Cyanide 5
Lead 20 5 5 0.5 2 10,000
Mercury 0.5 0.2
Nickel 50 5 20 1 5 1,000
Selenium 5 10 2 5 1 1,000
Silver 10 1 10 0.25 2 1,000
Thallium 10 2 10 1 5 1,000
Zinc 20 20 1 10 1,000
* The normal method-specific factor for these substances is 1; therefore, the lowest standard concentration in the
calibration curve is equal to the above ML value for each substance.
Techniques:
GC - Gas Chromatography
GCMS - Gas Chromatography/Mass Spectrometry
HRGCMS - High Resolution Gas Chromatography/Mass Spectrometry (i.e., EPA 1613, 1624, or 1625)
LC - High Pressure Liquid Chromatography
FAA - Flame Atomic Absorption
GFAA - Graphite Furnace Atomic Absorption
HYDRIDE - Gaseous Hydride Atomic Absorption
CVAA - Cold Vapor Atomic Absorption
ICP - Inductively Coupled Plasma
ICPMS - Inductively Coupled Plasma/Mass Spectrometry
SPGFAA - Stabilized Platform Graphite Furnace Atomic Absorption (i.e., EPA 200.9)
DCP - Direct Current Plasma
COLOR – Colorimetric
ATTACHMENT C – STATE BOARD MINIMUM LEVELS 110
ATTACHMENT D – ANNUAL REPORT FORMS
CERTIFICATION STATEMENT
WHITEWATER RIVER WATERSHED MUNICIPAL STORMWATER NPDES PERMIT
(NPDES NO. CAS 617002)
COLORADO RIVER REGIONAL BOARD ORDER NO. R7-2013-0011
ANNUAL REPORTING FORMS FOR FISCAL YEAR
WhitewaterMunicipalStormwaterPermitrequireseachPermitteetoincludeacertification
statementsignedbyadulyauthorizedrepresentativeofhis/herrespectiveagencywiththe
Annual and/or Monitoring Report(s) submittal.
Contact Person:
Prepared By:
Telephone:
Date
Annual Report Certification
“Icertifyunderpenaltyoflawthatthisdocumentandallattachmentswerepreparedundermy
directionorsupervisioninaccordancewithasystemdesignedtoassurethatqualifiedpersonnel
properlygatherandevaluatetheinformationsubmitted.Basedonmyinquiryofthepersonorpersons
whomanagethesystem,orthosepersonsdirectlyresponsibleforgatheringtheinformation,the
informationsubmittedis,tothebestofmyknowledgeandbelief,true,accurate,andcomplete.Iam
awarethattherearesignificantpenaltiesforsubmittingfalseinformation,includingthepossibilityof
fine and imprisonment for knowing violations.”
_________________________________________________________________________
Signature
____________________________________________________
Typed/Printed Name
____________________________________________________
Title
____________________________________________________
Date
I
II
III
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I Primary point of contact/responsibility identified? (official
authorized to certify compliance)Yes
Name:
Title:
Telephone:
Email:
Primary Point of Contact:
Title:
Telephone:
Email:
I - II
Is at least one representative designated for the Desert
Task Force?
Provide the name and contact information of the
representative.
Yes
Name:
Title:
Telephone:
Email:
E.3.f
I
Provide contact name(s) identifying who should be
contacted to coordinate enforcement activities and
inspection activities.
III
For FY 14-15:
Have you submitted a statement (signed by legal counsel)
certifying legal authority to implement and enforce the
applicable provisions of Order No. R7-2013-0011?
E.4. - E.5.
III
For FY 14-15:
If you answered no to the question above, did you provide
an implementation schedule as an attachment to this
Annual Report which identifies the legal changes necessary
to enable your agency to obtain the requisite legal authority
to fully implement and enforce the applicable provisions of
Order No. R7-2013-0011?
E.4. - E.5.
Program Management
Identify staff managing permit compliance program
Permittee participation in managing regional programs
Certify adequate legal authority to implement and enforce each requirement in 40 CFR Section 122.26(d)(2)(i)(A-F) and the 2013 MS4 Permit
Goals
I
II
III
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I - III
Provide a brief narrative summary of IC/ID program
accomplishments or issues encountered during the reporting
year, if any.
F.1.a.
I Provide a brief summary of trash and debris removal activities
conducted during the reporting year.F.1.a.i.
II Provide the total number of IC/ID complaints received during
the reporting year.F.1.a.ii - iii, F.1.a.vii - ix
II Provide the total number of IC/ID cases that required
investigation/response during the reporting year.F.1.a.ii - iii, F.1.a.ix, F.1.a.xi.
III Provide the total number and type of enforcement actions
resulting from IC/ID complaints during the reporting year.F.1.a.ix - x
II - III
Provide the number of spills requiring notification to Cal EMA.
Attach a report for each spill reported by Permittee staff to Cal
EMA.
F.1.a.xi, F.1.a.xiii, F.1.a.xv
I - III
Provide a summary of MS4 facilities which were inspected
during the reporting year; include types of facilities inspected
(e.g. channel, Major Outfall, catch basin, etc.)
F.1.a.vii. - F1.a.ix.
I - III To the best of your knowledge, did your IC/ID Detection and
Elimination Program achieve the program goals stated above?F.1.a.v., F.1.a.xx. - xxi.
I - III
If you answered No to the question above, review applicable
activities and BMPs to identify any modifications which may be
needed to improve program effectiveness.
Have you attached a work plan and schedule to this Annual
Report which addresses proposed program modifications?
F.1.a.xxi.
Detection and Elimination of Illicit Discharges & Connections Program
Program Goals
Ensure that confirmed IC/ID events are expeditiously eliminated
Confirm that IC/ID reports are reviewed and responded to in a timely manner
Reduce the discharge of trash and debris from respective MS4s to Receiving Waters
I
II
III
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I Has the standardized commercial and industrial database been
implemented to track inspection activities? F.1.b.i - ii, F.1.b.vii.1.
I - II Provide the total number of commercial and industrial facilities
inspected during the reporting year.F.1.b.ii - iv
II Provide the total number of commercial and industrial facilities
requiring re-inspection by your agency.F.1.b.iv
III
Provide the total number and type of enforcement actions
issued to Commercial and/or Industrial facilities during the
reporting year
F.1.b.iv - v.
I-IV To the best of your knowledge, did your Commercial/Industrial
Program achieve the program goals stated above?F.1.b.x.
I - IV
If you answered No to the question above, review applicable
activities and BMPs to identify any modifications which may be
needed to improve program effectiveness.
Have you attached a work plan and schedule to this Annual
Report which addresses proposed program modifications?
F.1.b.xi.
Commercial-Industrial Facilities Program
Program Goals
Maintain an updated database of Commercial & Industrial Facilities
Confirm that targeted commercial/industrial facilities have implemented BMPs that comply with respective Permittee Stormwater ordinances
Implement enforcement measures as necessary to reduce the occurrence and recurrence of violations of Permittee stormwater ordinances from commercial/industrial facilities
I
II
III
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I Provide the total number of projects that were conditioned for
WQMPs during the reporting year F.1.c.ii.3, F.1.c.iii - v
I - II
What percent of projects requiring WQMPs met the
measurable goal of achieving the Treatment Control BMP
requirement through the use of Site Design/LID BMPs?
F.1.c.v.2.c, F.1.c.v.5.a - b
III
Provide a summary of "Other Development Projects" that were
conditioned to require implementation of Source Control BMPs
during the reporting year
F.1.c.ii.1, F.1.c.v.3
I-III
To the best of your knowledge, did your New
Development/Redevelopment Program achieve the program
goals stated above?
F.1.c.x
I - III
If you answered No to the question above, review applicable
activities and BMPs to identify any modifications which may be
needed to improve program effectiveness.
Have you attached a work plan and schedule to this Annual
Report which addresses proposed program modifications?
F.1.c.xi
New Development/Redevelopment Program
Program Goals
Confirm that WQMPs are in place at "Priority Development/Redevelopment Projects" to prevent or minimize water quality impacts to the MEP
Encourage the use of Low Impact Development (Site Design) BMPs to address the Treatment Control requirement for "Priority Development/Redevelopment Projects"
Confirm that "Other Development Projects" are conditioned to require implementation of Source Control BMPs
I
II
III
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I Has the standardized construction site database been
implemented to track inspection activities?F.1.d.vii.1.
II
Provide the total number of construction site inspections that
were conducted, pursuant to 2013 MS4 Permit Section
F.1.d.ii.4., by your agency during the reporting year
F.1.d.ii.4, F.1.d.iii
II - III
Provide the total number and type of enforcement action(s),
including referrals to the Regional Board, issued on
construction sites within your jurisdiction during the reporting
year;
F.1.d.ii.4, F.1.d.iv - v
I-III To the best of your knowledge, did your Construction Activities
program achieve the program goals stated above?F.1.d.x.
Construction Activities Program
Program Goals
Perform inspections to confirm construction site compliance with Permittee Stormwater Ordinance
Maintain an updated database of active construction sites, which includes categorization of sites by priority
Implement enforcement measures as necessary to reduce the occurrence and recurrence of violations of Permittee Stormwater Ordinances
I
II
III
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I
Have you ensured that the MS4 Permit boundary engulfs all
urbanized areas around your jurisdiction, reviewed your MS4
Outfalls and confirmed that the WWR Region map is current as
it applies to your jurisdictional area?
E.3.c., F.1.e.v.1
II
Provide the total percentage of facilities requiring Municipal
Facility Pollution Prevention Plans that were inspected during
the reporting year
F.1.e.ii.
II
Provide a narrative summary of the results of municipal facility
inspections, including a summary of deficiencies noted and
corrective actions taken, if any.
F.1.e.ii.
III
Did your agency conduct maintenance of its MS4 facilities on a
developed schedule?
Provide a summary of MS4 facilities which were maintained
during the reporting year; include types of facilities maintained
(e.g. channel, inlet, Major Outfall, basin, etc.)
F.1.e.v.2 - 3
I-III
To the best of your knowledge, did your Permittee Facilities
and Activities program achieve the program goals stated
above?
F.1.e.x.
I - III
If you answered No to the question above, review applicable
activities and BMPs to identify any modifications which may be
needed to improve program effectiveness.
Have you attached a work plan and schedule to this Annual
Report which addresses proposed program modifications?
F.1.e.xi.
Maintain a current map of MS4 Outfalls, Receiving Waters and the MS4 Permit Boundary
Permittee Facilities and Activities Program
Program Goals
Confirm that basins, inlets and open channels that are part of the Permittee’s MS4 are maintained on the schedule developed by the PermitteeFor facilities with outdoor materials storage or maintenance areas: confirm that BMPs described in each facility’s Municipal Facility Pollution Prevention Plans are implemented
I
IIIII
Goal
Addressed Program Element Assessment RequestResponseAdditional Information Requested or Provided2013 MS4 Permit Section(s)
I - III
Provide a narrative summary of accomplishments or issues
associated with your Public Education/Outreach program
during the reporting year, if any.
F.1.f.
I - II
Provide the number of outreach events that your program
conducted during the reporting year by type (construction,
industrial, residential, New Development, schools, general
public, etc); include approximate attendance(s) where
applicable.
F.1.f.i - v.
I - II
Are public education materials made available to the public?
Provide a summary, and provide numbers of materials
distributed, where feasible.
F.1.f.i - v.
III
Were Maintenance, Industrial/Commercial, New
Development/Redevelopment, and/or Construction staff trained
during the reporting year? Provide the number of staff trained
by department or function, and include training dates.
Attach a table if necessary.
F.1.f.vi.
I - III To the best of your knowledge, did your Public Education and
Outreach program achieve the program goals stated above?F.1.f.x.
I - III
If you answered No to the question above, review applicable
activities and BMPs to identify any modifications which may be
needed to improve program effectiveness.
Have you attached a work plan and schedule to this Annual
Report which addresses proposed program modifications?
F.1.f.xi.
Public Education and Outreach Program
Goals
Develop and distribute targeted BMP guidance for specific pollutants and residential and business activitiesConfirm that Permittee employees are trained to implement MS4 Permit compliance programs
Conduct education/outreach to the general public on the impacts of improper disposal of pollutants into MS4s