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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler Subject: Resolution authorizing execution of the
National Pollutant Discharge Elimination
Dept: Community Development System Stormwater Permit Implementation
Agreement, Santa Ana Region.
Date: February 3, 2011
MCC Date: February 22, 2011
Synopsis of Previous Council Action:
02/17/92 Reso. No. 92-59 Adopted authorizing execution of a National Pollutant
Discharge Elimination System (NPDES) Storm Water Permit Implementation
Agreement.
Recommended Motion:
Adopt Resolution.
M. Margo Wheeler
Contact Person: M. Margo Wheeler, Director Phone: 5357
Supporting data attached: Staff Report; & Guidelines Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: $302,844.38
Source: General Fund, substantially reimbursed for
FY 2011-12 through fees.
Acct. Description:
Finance:
Council Notes: /1ST ���
Agenda Item No. IO
04�'2q"a -�0 rl
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing execution of the National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement, Santa Ana Region.
Background:
In 1987, Congress amended the Clean Water Act to require the permitting of Stormwater
discharges from municipal storm drain systems under the National Pollutant Discharge
Elimination System (NPDES) Program. The Environmental Protection agency (EPA)
promulgated regulations in November 1990, to enact the new law. In the regulations, EPA listed
the County of San Bernardino as a county that must obtain an NPDES permit.
The EPA has designated the State Water Resources Control Board (SWRCB) to administer the
EPA regulations and the Clean Water Act in California. SWRCB, in turn, has designated the
nine different Regional Water quality Control Boards within the state to enforce these
regulations. The Santa Ana Regional Water Quality Control Board (Regional Board) enforces
the regulations by issuing NPDES Municipal Stormwater Permits (Permits) to the municipalities
under its jurisdiction. The Regional Board has required the unincorporated areas of San
Bernardino County, the sixteen incorporated cities of the county within the Santa Ana River
watershed, and the San Bernardino County Flood Control District(District), as Co-permittees, to
be included in the San Bernardino County NPDES Permit.
Analysis:
The proposed Agreement establishes the responsibilities of each party with respect to compliance
with National Pollutant Discharge Elimination System Stormwater regulations administered by
the Regional Board, by the authority granted in the Federal Clean Water Act and its 1987
amendments and the Water Quality Act. The City's cost share is 12.13 percent, which is actually
less than years past, and will continue to go down based on the new calculations in Appendix
"A"of the Implementation Agreement.
The Annual budget is required to separate program costs into four program areas: (1)
Monitoring, which includes any water quality and hydrographic monitoring and laboratory
analyses. (2) Public Education, which includes all public outreach programs. (3) Program
Management and Regulatory Activities, which includes administrative, reporting, and regulatory
activities. (4) Training, which addresses any training conducted to implement the Stormwater
Management Program.
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Other cities have requested their Council and/or City Manager to approve the Implementation
Agreement. Execution of the Agreement will allow the City to continue as a Co-permittee under
the MS4 permit and to continue sharing the costs of the program with the other 16 Co-
permittees.
For FY 2010-11 $250,000 was estimated for revenue for this program and based upon incoming
revenue of$151,915 as of February 15, 2011 year end estimate is $231,239.00.
Financial Impact:
The financial impact to the City is $302,844.38 paid to the County and the State to continue as a
Co-permittee under the San Bernardino County Stormwater Program as required by the State for
FY 2011-12. Adequate revenue will be budgeted to pay for this program.
Recommended Motion:
That the Mayor and Common Council approve the attached Resolution authorizing execution of
the National Pollutant Discharge Elimination System Stormwater Permit Implementation
Agreement, Santa Ana Region.
3
Son
Bomordino
County
STORMWATER PROGRAM
SAN -
BERNARDINO COUNTY
STORMWATER PROGRAM
A Consortium of Local Agencies
GUIDELINES
for
NEW DEVELOPMENT
& REDEVELOPMENT
JUNE 2000
TABLE OF CONTENTS
1.0 INTRODUCTION
• 1
2.0 BACKGROUND
1 •
DEFINITIONS
• 2
3.0 DEVELOPMENT PLANNING
3
GENERAL CONDITIONS
4
SPECIAL CONDITIONS
5
4.0. CONSTRUCTION REGULATORY REQUIREMENTS
6
5.0 BMP SELECTION
7
5.1 NON-STRUCTURAL BMPs
8
5.2 ROUTINE STRUCTURAL BMPs
10
6.0 EDUCATIONAL PROGRAM FOR DEVELOPERSAND CONTRACTORS 12
TABLES
Table 1 Non-Structural BMPs
13
Table 2 Structural BMPs
14
ATTACHMENTS
Attachment A Water Quality Management Plan Outline
Attachment B Best Management Practices Guide
Retail Gasoline Outlets
i
NEW DEVELOPMENT/REDEVELOPMENT GUIDELINES
1.0 INTRODUCTION
The New Development/Redevelopment Guidelines(Guidelines) is to be used by the permittees of
the San Bernardino County Stormwater Program as a supplement to the Drainage Area
Management Program(DAMP)and the Report of Waste Discharge(ROWD). It was developed
by the New Development/Redevelopment Sub-committee, and approved by the NPDES General
Committee.' The NPDES Municipal Stormwater Permit and Section 4 of the Report of Waste
Discharge, dated April 1995, require the development and adoption of this document.
The objective in preparing these guidelines was to identify pollutant prevention and treatment
measures that could be incorporated into development projects. This supplement recommends
which Best Management Practices (BMPs) should be required as standard practice. For projects
with'unique water quality issues, additional applicable solutions may be required on a case by
case basis.
The ROWD does not specify a minimum development size to be considered for BMP
applications, nor does it specify which land uses should receive the most attention. In general,
BMPs are required on a wide variety of land uses, both residential and non-residential. BMPs
should also be required on accessory uses of concern (such as outdoor material/equipment
storage, vehicle/equipment fueling and service) and certain low intensity,.but potentially high
polluting uses (such as golf courses and plant nurseries). For purposes of these guidelines,
redevelopment will be considered as new development.
2.0 BACKGROUND
In 1987, Congress amended the Clean Water Act to require the permitting of stormwater discharges
from municipal storm drain systems under the National Pollutant Discharge Elimination System
(NPDES) Program. The Environmental Protection Agency (EPA)promulgated regulations in
November 1990, to enact the new law. In the regulations, EPA listed the County of San Bernardino
as a county that must obtain an NPDES permit.
The EPA has designated the State Water Resources Control Board (SWRCB) to administer the
EPA regulations and the Clean Water Act in California. SWRCB, in turn, has designated the nine
different Regional Water Quality Control Boards within the state to enforce these regulations. The
Santa Ana Regional Water Quality Control Board (Regional Board) enforces the regulations by
issuing NPDES Municipal Stormwater Permit(Permit) to the municipalities within its jurisdiction.
The Regional Board has required the unincorporated areas of San Bernardino County, the sixteen
incorporated cities of the county within the Santa Ana River watershed, and the San Bernardino
County Flood Control District (District), as permittees,to be included in the Permit.
The Permit requires the permittees to reduce, to the maximum extent practicable, the discharge of
pollutants to the waters of the United States by the implementation of BMPs. The members of
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the NPDES General Committee recognized the sensitive issue of imposing development and
construction BMPs on the building industry. They, therefore, formed the New
Development/Redevelopment Sub-Committee. This sub-committee, which included
representatives from some of the member permittees, developed this document with particular
insight from and cooperation of the Building Industry Association, the development industry, the
California Restaurant Association, and the Western States Petroleum Association. The BMPs
proposed herein would meet the permit requirements while not imposing undue burden on those
that are to implement the actions called for.
DEFINITIONS
Automotive Repair Shop: a facility that is categorized in any one of the following Standard
Industrial Classification(SIC)codes -5013, 5014, 5541, 7532-7534, or 7536-7539.
Best Management Practice (BMP): any program,technology,process, siting criteria, operational
methods or measures,or engineered systems; which when implemented, prevent, control,
remove, or reduce pollution.
Commercial Development: any development on private land that is not heavy industrial or
residential. The category includes; but is not limited to, hospitals, laboratories and other medical
facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment
buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels,
office buildings, public warehouses and other light industrial complexes.
Impervious Area: the area covered by a building, impermeable pavement, and/or other
impervious surfaces, which drains directly into the storm drain without first flowing across
permeable land area (e.g. lawns).
Discretionary Project: a project which requires the exercise of judgement or deliberation when
the public agency or public body decides to approve or disapprove a particular activity, as
distinguished from situations where the public agency or body merely has to determine whether
there has been conformity with applicable statutes, ordinances, or regulations.
Infiltration: the downward entry of water into the surface of the soil.
Maximum Extent Practicable: maximum extent possible,taking into account equitable
considerations of synergistic, additive, and competing factors; including, but not limited to,
gravity of the problem, fiscal feasibility, public health risks, societal concerns, and social
benefits.
New Development: land disturbing activities; structural development, including construction or
installation of a building or structure, creation of impervious surfaces; and land subdivision. -
Parking Lot: land area or facility for the temporary parking or storage of motor vehicles used
personally, for business or for commerce with a lot size of 5,000 square feet or more, or with 25
or more parking spaces.
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Redevelopment: on an already developed site, the creation or addition of at least 5,000 square
feet of impervious surfaces or the creation or addition of fifty percent or more of impervious
surfaces or the making of improvements to fifty percent or more of the existing structure.
Redevelopment includes, but is not limited to: the expansion of a building footprint or addition
or replacement of a structure; structural development including an increase in gross floor area
and/or exterior construction or remodeling;replacement of impervious surface that is not part of
a routine maintenance activity; and land disturbing activities related with structural or
impervious surfaces. _
Restaurant: a stand-alone facility that sells prepared.foods and dririks for consumption, including
stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate
consumption. (SIC code 5812).
Retail Gasoline Outlet: any facility engaged in selling gasoline and lubricating oils.
Source Control BMP: any schedules of activities,prohibitions of practices, maintenance
procedures, managerial practices or operational practices that aim to prevent storm water
pollution by reducing the potential for contamination at the source of pollution.
Storm Event: a rainfall event that produces more than 0.1 inch of precipitation and that, which is
separated from the previous storm event by at least 72 hours of dry weather.
Structural BMP: any structural facility designed and constructed to mitigate the adverse impacts
of storm water and urban runoff pollution(e.g. canopy, structural enclosure). The category may
include both Treatment Control BMPs and Source Control BMPs.
Treatment: the application of engineered systems that use physical, chemical, or biological
processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity
settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV
radiation.
Treatment Control BMP: any engineered system designed to remove pollutants by simple
gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any
other physical, biological, or chemical process.
-3.0 DEVELOPMENT PLANNING
The NPDES Municipal Stormwater Permit compliance requires that storm water quality
management be considered during a project's planning phase, implemented during construction,
and ultimately maintained for the life of the project. In addition, the program must be adopted
and uniformly implemented by all municipalities. Applying this concept to new development,it
is intended that each new development will incorporate the approved program of BMPs to
minimize the amount of potential pollutants entering the drainage system.
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Standard Conditions of Approval were developed to be implemented area-wide to address Iand
use areas of concern. The requirement for a pre-through post-construction stormwater quality
management plan will be specified in each permittee's standard conditions of approval. These
conditions will require project proponents to submit, for approval by the agency, a proposal
identifying the BMPs that will be incorporated into the project to control non-point source
pollutants during and after construction.
Each municipality will require BMPs for specified new development through similar processes.
The typical process is outlined as follows:
1. The present municipal procedure for approval of grading, building, and similar
permits will be modified to include incorporation of the BMPs listed in Tables 1 and
2, as applicable.
2. Municipalities will make these Guidelines, detailing implementation of BMPs, available
to applicants through the permitting process. Applicants will be informed at the earliest
possible point of processing of these requirements.
3. Applicants will be required to subrait a Water Quality Management Plan (WQMP)
(see Attachment A) at appropriate discretionary and ministerial permit issuance
levels. The WQMP shall include a description of the project and an outline of which
BMPs apply to the project pursuant to these guidelines. A sample WQMP outline is
provided in Attachment A. The WQMP shall also include a location map and a
project map identifying storm runoff conveyance facilities and receiving waters that
will be impacted by the project.
4. As increasing details concerning the nature of specific uses within the project become
available, the WQMP shall be refined during the life of the project to build out.
5. Upon review of the WQMP, each municipality will require project incorporation of
the identified routine structural and non-structural BMPs.
GENERAL CONDITIONS to be applied by municipalities:
1. For discretionary actions that include a precise plan of development:
Prior to issuance of building permits, permit applicant shall submit, if one is required by
conditions of approval, to the County/City Official(s) for approval, a water quality
management plan (WQMP) specifically identifying Best Management Practices (BMPs)
that will be used on site to reduce the pollutants into the storm drain system to the
maximum extent practicable.
This WQMP shall identify the structural and non-structural measure specified in these
Guidelines, detailing implementation of BMPs whenever they are applicable to the
project (when the project has a vehicle wash rack, for example); assign long-term
4
maintenance responsibilities(specifying the developer, parcel owner, lessee, maintenance
association, local agency, etc.); and reference the location(s)of structural BMPs.
2. For Subdivision of Land:
Prior to recordation,the applicant shall submit a WQMP for review and approval by the
agency. The WQMP shall be prepared in accordance with the agency standards.
3: For projects that require coverage under the NPDES General Construction Activities Storm
Water Permit (NPDES General Construction Permit):
Prior to issuance of grading, surface mining, or paving permits, applicant shall submit to
the permitting agency, a copy of the Waste Dischargers Identification Number(WDID)
for coverage under the NPDES General Construction Permit.
All three conditions also functionally apply to public projects where the local jurisdiction
technically chooses not to issue formal permits to itself or hired-contractors, but nonetheless
undertakes the work.
SPECIAL CONDITIONS
When a building is being proposed for which no anticipated use is designated or when an
unanticipated element of land use or occupancy is proposed after a basic building has already been
completed, use of language similar to the following conditions is recommended for inclusion in the
conditions which must be satisfied prior to issuance of the appropriate permit`
• Prior to issuance of certificates of use and occupancy or building permits for
individual tenant improvements or construction permits for a tank or pipeline, uses
shall be identified and, for specified uses (where the proposed improvements will
store, generate, or handle hazardous materials in quantities that will require permitting
and inspection, once operational), the applicant shall propose plans and measures for
chemical management (including, but not limited to, storage, emergency response
employee training, spill contingencies and disposal)to the satisfaction of the
County/City Building Official(s).
• Chemical management plans shall be approved by the County/City and other
appropriate agencies such as County/City Fire Department, the Health Care Service's
Public Health Department, and sewering and/or water agencies to ensure
implementation of each agency's respective requirements. Further, a copy of the
approved "Chemical Management Plans"by the appropriate agencies shall be
furnished to the County/City Building Department, prior to the issuance of any
certificates of use and occupancy.
5
ON
• Certificates or permits may be ministerially withheld if features needed to properly
manage chemicals cannot be incorporated into a previously completed building,
center, or complex.
A list of specified uses and occupancies of concern should be developed by each jurisdiction
according to its needs.
4.0 CONSTRUCTION REGULATORY REQUIREMENTS
Section 4, §4.1 of the ROWD states --"Each permittee must have a plan for managing stormwater
runoff from new construction and redevelopment. The plan must cover construction covered by
the NPDES General Construction Permit as well as construction under five acres. The plan must
emphasize pollution prevention, especially erosion prevention.".
Construction activities disturbing five acres or more of land will be required to comply with the
NPDES General Construction Storm Water Permit from the State Water Resources Control Board.
The following, therefore, applies only to construction operations disturbing land areas of less than
five acres.
Permittees shall ensure that the following requirements are defined on permit plan cover sheets
as either general or special notes.
• All grading projects, regardless of size, will require an erosion control plan to prevent
sediment from entering storm drains or water bodies.
• Constriction sites shall be maintained by implementation of BMPs in such a manner
that pollutants are not discharged from the site to the maximum extent practicable.
• The following discharges into the storm drain system are prohibited: discharges that
could have an impact on human health or the environment, cause or threaten to cause
pollution, contamination, or nuisance; discharges that exceed any applicable waver
quality standard contained in a Statewide Water Quality Control Plan or local Basin
Plan; and discharges containing hazardous substance equal to or in excess of a
reportable quantity listed in Federal Regulations 40 CFR Parts 117 and 302.
• Materials that can cause or contribute to pollution or a violation of any applicable
water quality standard include, but are not limited to, sediments, solid or liquid
chemicals spills; wastes from paints, stains, sealants, glues, limes, pesticides or
herbicides, wood preservatives or solvents; asbestos fibers,paint flakes or stucco
fragments; fuels,oils, lubricants, or hydraulic, radiator and battery fluids; fertilizers;
vehicle/equipment wash water or concrete wash water; concrete, detergent or
floatable wastes; wastes from any engine/equipment steam cleaning or chemical
degreasing; and chlorinated potable water line flushings.
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• Unless exempted or authorized by an NPDES permit, all non-stormwater discharges
require prior approval by the local storm water agency or the State Water Resources
Control Board.
• During construction,temporary storage of such materials;identified above, must
occur in a designated area, physically separated from potential storm water run off,
with ultimate disposal in accordance with local,state, and federal requirements.
• Dewatering of contaminated groundwater, or discharging contaminated soils via
surface erosion is prohibited.
5.0 BMP SELECTION
The ROWD requires identification and implementation of BMPs for new development via
regulatory and enforcement activities. Tables 1 and 2 list particular routine structural and non-
structural BMPs that will be evaluated for application and intensity for the activities listed therein.
Thus, some of the BMPs listed herein will become conditions of approval for new development and
construction.
The measures identified in Tables 1 and 2 are to be deemed "standard practice" to be required on
new developments, as specified. Two general terms used in these guidelines are defined by example
as follows:
Structural Controls: First flush diversion, detention/retention basins, infiltration trenches
or basins, porous pavements, grass swales, swirl concentrators, and engineering and design
modification of existing structures.
Non-structural Controls: Programs to educate the public on proper storage and disposal
of hazardous or toxic wastes, regulatory approaches, street sweeping, and facility
maintenance, and detection and elimination of illicit connections and illegal dumping.
Each new development will be required to implement appropriate non-structural BMPs in keeping
with the size and type of development to minimize the introduction of pollutants into the drainage
system.
Each new development will also be required to implement appropriate"routine"structural BMPs
in keeping with the size and type of development. "Routine"structural BMPs are economical,.
practicable, small scale-measures that can be feasibly applied.
A major concept of the County's NPDES stormwater quality program, as set forth in the ROWD, is
a regional approach to stormwater quality planning and management on a watershed basis. Later,
"special"structural BMPs may be installed to address specific water quality problems identified
in the watershed planning process. "Special"structural BMPs are engineered facilities designed
to address specific pollutant problems identified in the watershed planning process, runoff
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management plan, CEQA process, or similar watershed planning. Thus, there will be the future
need to revisit these requirements at an as-yet unspecified date or frequency.
Efforts will be directed toward determining the effectiveness of structural BMPs before they are
required. Those measures which demonstrate superior cost-effectiveness,considering right-of-way,
construction,operation, maintenance,monitoring, and pollutant removal, may be adopted as special
structural BMPs for application as indicated during the watershed planning studies.
5.1 NON-STRUCTURAL BMPs
NI. Education for Property Owners, Tenants and Occupants- For developments with no
Property Owners Association (POA)'or POAs of less than fifty (50) dwelling units,
practical information materials will be provided to the first residents/occupants/tenants of
each home sold on general good housekeeping practices that contribute to protection of
storm water quality. Initially, these materials will be provided by the developer.
Thereafter, such materials will be available through the permittees' education program.
For developments with POA and residential projects of more than fifty (50) dwelling
units, project conditions of approval will require that the POA provide environmental
awareness education materials, made available by the permittees to all members
periodically. Among other things, these materials will describe the use of chemicals -
(including household type) that should be limited to the property, with no discharge of
specified wastes via hosing or other direct discharge to gutters, catch basins and storm
drains.
N2. Activity Restrictions - If a POA is formed, conditions, covenants, and restrictions shall
be prepared by the developer for the purpose of surface water quality protection.
Alternatively, use restrictions may be developed by a building operator through lease
terms, etc.
N3. Common Area Landscape Management - Ongoing maintenance consistent with County
Administrative Design Guidelines or city equivalent, plus fertilizer and pesticide usage
consistent with the instructions contained on product labels and with the regulations
administered by the State Department of Pesticide Regulations, or city equivalent.
N4. Common Area Catch Basin Inspection - For developments with POAs and privately
maintained drainage systems, require the POA to have privately owned catch basins(if
applicable) cleaned and maintained, as frequently as necessary, to prevent sediment,
garden waste, and trash, or other pollutants from entering the public streets and storm
drain systems.
The term"Property Owners'Association"or POA,as used herein,means a nonprofit corporation or
unincorporated association created for the purpose of managing a common interest development[from California
Civil Code Sec. 1351(a)].
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N5. Common Area Litter Control -For developments with POAs, the POA will be required to
implement trash management and litter control procedures in the common areas aimed at
reducing pollution of drainage water. The POAs may contract with their landscape
maintenance firms to provide this service during regularly scheduled maintenance, which
should consist of litter patrol,proper disposal of pet litter, emptying of trash receptacles
in common areas, and noting trash disposal violations by homeowners or businesses and
reporting the violations to the Association for investigation.
N6. Street Sweeping Private Streets and Parking Lots -For developments with POAs and
privately owned streets and parking lots, require the streets and parking lots be swept as
frequently as necessary, to prevent sediment, garden waste, and trash from entering the
public streets and storm drain systems.
N7. Underground Storage Tank Compliance - Compliance with State regulations dealing with
underground storage tanks will be enforced by the County Department of Environmental
Health on behalf of the State.
N8. Spill Contingency Plan -A"Spill Contingency Plan"(Business Emergency/Contingenc
Plan Guidelines and Forms shall be y
Section 6.95 of the California Health and Safety ode. Spills beli accordance with
cleaned up according to the Spill Contingency Plan, p immediately
N9. Hazardous Materials Disclosure Compliance- Compliance with County and comparable
City ordinances typically enforced by respective fire protection agency.
NI 0. Uniform Fire Code Implementation - Compliance with Article 80 of the Uniform Fire
Code enforced by fire protection agency.
NIL Title 22 CCR Compliance - Compliance with Title 22 of the California Code of
Regulations and relevant sections of the California Health & Safety Code regarding
hazardous waste management, to be enforced by County Environmental Health on behalf
of State.
N12. Housekeeping of Loading Docks - Loading docks for grocery, drug and discount stores,
and warehouse-type commercial and industrial buildings must be kept in a clean and
orderly condition through a regular program of sweeping, litter control, and immediate
cleanup of spills and broken containers. Polluted material or wash waters shall not be
allowed to discharge into a storm drain.
N13. Employee Training/Education Program (see N1) as it would apply to future employees of
individual businesses-Based on information provided through the county-wide education
program, developer either prepares manual(s) for initial purchasers of business sites or .
conveys, for development that is constructed for an unspecified use, commitment for this
responsibility to POA or purchaser.
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N14. BMP Maintenance-The responsible party(owper, agency name,phone number, and
address) for implementation of each non-structural BMP and scheduled cleaning of all
structural BMP controls shall be identified in the Water Quality Management Plan
(WQMP) (Attachment A).
5.2 STRUCTURAL BMPs
S1. Control of Impervious Runoff- Surface runoff shall be directed to landscaped or pervious
areas to the maximum extent practicable.
S2. Common Area Efficient Irrigation- Physical implementation of landscape plan consistent
with County Administrative Design Guidelines or city equivalent, which may include
provision of water sensors,programmable irrigation times(for short cycles), etc.
S3. Common Area Runoff-minimizing Landscape Design-Group plants with similar water
requirements in order to reduce excess irrigation runoff and promote surface filtration.
S4. Community Car Wash Racks - In high density multi-family developments (apartments,
stacked flats) larger than 100 units whcre car washing is allowed, or developments having
a common parking area, a designated car wash area that does not drain directly to a storm
drain shall be provided for common usage. An example of such an area would be joint
use of an open space or visitor parking area. 'Wash waters from this area may either be
directed to the sanitary sewer(with prior approval of the sewering agency),to an
engineered filtration system, or an equally effective alternative.
S5. Wash Water Controls for Food Preparation Areas - Food establishments (per State Health
and Safety Code 27520) shall have contained areas, floor sink(s) and/or mop sink(s) with
sanitary sewer connections for cleaning of kitchen floor mats and for disposal of wash
waters containing kitchen and food wastes, if located outside. The contained area shall
also be covered to prevent entry of stormwater.
S6. Trash Container(dumpster)Areas -Trash container(dumpster)areas shall have drainage
from adjoining roofs and pavements diverted around the area(s), and:
a. Dumpsters shall be leak proof and have attached workable covers.
b. For trash container areas associated with fuel dispensing, vehicle repair/maintenance,
and industry, grade and pave the area to prevent run-on of storm water to the
maximum extent practicable.
c. Trash compactors shall be roofed and set on a concrete pad. The pad shall be a
minimum of one foot larger all around than the trash compactor and sloped to drain-to
a sanitary sewer line.
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S7. Self-contained Areas for Vehicle or Equipment Washing/Steam Cleaning/Maintenance/
Repair/Material Processing - Self-contained areas are required for washing/steam
cleaning,wet material processing, and maintenance activities, specifically:
a. For businesses where washing of vehicles or equipment without steam cleaning
occurs, provide wash racks constructed in accordance with local sewering agency
guidelines or other acceptable standard and with the prior approval of the sewering
agency (Note: Discharge monitoring may be required by the sewering agency).
Surface runoff and roof drains shall be directed away from these wash racks.
b. Where steam cleaning occurs, provide wash racks as in S7.a, and/or structurally
contain (with a cover to restrict the entry of stormwater during rain events) runoff
from such areas onsite for commercial waste removal.
- c. Where wet material processing occurs (e.g., electroplating), secondary containment
structures shall be provided to hold spills resulting from accidents, leaking tanks or
equipment, or any other unplanned releases (Note: If these ate plumbed to the sanitary
sewer, the structures and plumbing shall be in accordance with State and local spill
containment and reporting requirements and have the prior approval of the sewering
agency). Also see N 10.
d. Where vehicle or equipment repair/maintenance occurs, impermeable berms, drop
inlets, trench catch basins, or containment structures shall be provided around repair
bays to prevent spilled materials and wash-down waters from entering the storm drain
system. Surface runoff or roof drains shall be directed away from these spill
containment structures.
S8. Outdoor Storage - Where a plan of development proposes; or building plans incorporate;
outdoor containers of oils, fuels, solvents, coolants, wastes, and other chemicals, the areas
where these materials are to be used or stored must be protected by secondary containment
structures such as a low containment berm, dike, or curb, designed to the satisfaction of
the approving agency (see N10 &N11). For commercial outdoor vehicle and equipment
salvage yards, and commercial outdoor recycling facilities, the entire facility must comply
with the NPDES General Industrial Activities Storm Water Permit. Piles of materials or
products, that are stored outside and that have the potential to cause pollutant discharges,
shall be protected from rainfall, runoff, run-on, and wind erosion.
S9. Motor Fuel Concrete Dispensing Areas' - Areas used for fuel dispensing shall be paved
with Portland cement concrete (or; equivalent smooth, impervious surface, but use of
asphalt prohibited) with a 2% to 4% slope to prevent ponding, and must be separated
from the rest of the site by a grade break that prevents run-on of storm water to the extent
practicable. Concrete surfacing must extend a minimum of 6.5 feet from the comer of
each fuel dispenser, or the length at which the hose and nozzle assembly may be operated
=Refer to the"Best Management Practice Guide,Retail Gasoline Outlets,"prepared for California Stormwater
Quality Task Force(Attachment B).
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plus one foot,whichever is less. The fuel dispensing area shall be graded and constructed
so as to prevent drainage flow through the concrete fueling area. Spilled material within
the fuel dispensing area is prohibited from draining to the street or storm drain system.
Spills will be immediately cleaned up according to Spill Contingency Plan.
S 10. Motor Fuel Dispensing Area Canopy'- All motor fuel concrete dispensing areas are to
have a canopy structure, and the canopy's minimum dimensions must be equal to or
greater than the area within the grade break or the fuel dispensing area, as defined above.
Canopy roof downspouts are to be routed to prevent drainage across the concrete fueling
area.
S l 1. Air/Water Supply Area Drainage'-Area used for air/water supply will be graded and
constructed so as to prevent draining of stormwater or spilled material (e.g. radiator
coolant)therefrom into the street or storm drain system.
S12. Energy Dissipators -Energy dissipators such as riprap, are to be installed at the outlets of
new storm drains that enter unlined channels in accordance with applicable agency
specifications.
S13. Catch Basin Stenciling - Phrase "No Dumping - Flows to Creek" or equally effective
phrase, as approved by the NPDES General Committee, is to be stenciled on catch basins
to alert the public as to the destination of pollutants discharged into storm drains.
S14. Inlet Trash Racks- Where appropriate to reduce intake and transport through the storm
drain system of large floatable debris, trash racks shall be provided Where drainage from
open areas enters storm drains (Caltrans Standard Plan D96 and D98-C, or equivalent).
6.0 EDUCATIONAL PROGRAM FOR DEVELOPERS AND CONTRACTORS
The following defines the required educational program for developers and contractors per
Section 4, § 4.8 of the ROWD.
These guidelines, with its attachments, will contain the legal, administrative, and technical
information needed to acquaint developers and contractors with the NPDES program. San
Bernardino County developers and contractors have been implementing erosion control plans for
many years and are familiar with that portion of the program. New requirements resulting from
the NPDES Permit and the ROWD are contained herein.
The Building Industry Association and the Associated General Contractors have been asked to
assume responsibility for alerting their members of the information contained in these
Guidelines, which will be made available by the-County and Cities as a part of the development
review process.
12
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ATTACHMENT A
WATER QUALITY MANAGEMENT PLAN-OUTLINE
WATER QUALITY MANAGEMENT PLAN OUTLINE
COVER PAGE
Name of Project -
Name of Company
Date
NEXT PAGE
Signed statement (with date) certifying that the provisions of the WQMP have been accepted by the
applicant and that the applicant will strive to have the plan carried out by all future successors.
REPORT TABLE OF CONTENTS
I. Tract or Discretionary permit number(s) and condition number(s). Spell out conditions
verbatim.
II. Project Description
1. Type of project.
2. Project Size
3. Homeowners Association or Property Owner's Association Formation.
III. Site Description
1. Identify the watershed the project is in.
2. Is there a pre-existing water quality problem that has been identified in the watershed
planning process?
IV. Best Management Practices (BMPs)
1. List and describe applicable structural and non-structural BMPs from Tables 1 and 2 that
are applicable to your project, depending on the proposed land use, size, and use of a
property owners' association.
V. Inspection/Maintenance Responsibility For BMPs
VI. Figures
1. Location Map
2: Site Plan (acceptable reduced drainage map) identifying storm drain facilities and
receiving waters.
ATTACHMENT B
BEST MANAGEMENT PRACTICE GUIDE
RETAIL GASOLINE OUTLETS '
. . Best Maria .. : . : . .
g e meet Practice--Guiide
Retail Gasoline e Outlets
California
Stormwater uali
Q fy Task Forc• e
Prepared by
Retail Gasoline Outlet Work Group •
March 1997
Acknowledgments
The Stormwater Quality Task Force would like to thank the following individuals for their
extra efforts developing these best management practices.
Richard Boon County of Orange Environmental Management Agency
Geoff Brosseau Bay Area Stormwater Management Agencies Association
Linda Cohu ARCO
Chris Crompton County of Orange E*
nvironmental Management Agency
Bruce Fujimoto State Water Resources Control Board
Robert Hale Alameda Countywide Clean Water Program
John Norton State Water Resources-Control Board
Tim Simpson Geomatrix
Xavier Swamikannu Regional Water Quality Control Board-Los Angeles
Pavlova Vitale Regional Water Quality Control Board-Santa Ana
Ron Wilkniss Western States Petroleum Association
Jean Young Unocal
Nancy Zavesky Chevron
Don Zedrick Environmental Resource Council
Disclaimer
The statements and conclusions of this guide are those of the California Stormwater Quality
Task Force (Task Force) and not necessarily those of the State of California. The mention of
commercial products, their source, or their use in connection with material reported herein is
not to be construed as either an actual or implied endorsement of such products.
The guide was produced and published by the California Stormwater Quality Task Force, an
advisory body of municipal agencies regulated by the storm water program. This guide is not a
publication of the State Water Resources Control Board or any Regional Water Quality Control
Board, and none of these Bo*ards has specifically endorsed the contents thereof. The purpose of
this guide is to assist municipal agencies and retail gasoline outlets subject to storm water
regulations,in attaining compliance with such regulations.
intended for use in geographic areas not subject to f decal or state o�`,�,ot specifically
at facilities that do not discharge storm water either directly to surface waters or nddirecotllyy,or
in
through municipal separate storm drain systems. Implementation of these best management
practices can not be construed as compliance with all other applicable regulations,including
local requirements.
BMP Guide California��
Retail Gasoline Outlets March 1997
Introduction
This guide represents the work of the California Stormwater Quality Task Force's (SWQ
Retail Gasoline Outlet Work Group. The Work Group formed in May 1996 and met on a
regular basis to review and discuss appropriate best management practices for fueling and
other closely related activities likely to be found at retail fueling operations. Representatives
from industry,municipalities, and regulatory agencies participated. Best manag t
emen
practices (BMPs)from throughout California,and elsewhere,were reviewed and considered for
inclusion in this guide. The Work Group worked in the tradition of the SWQTF by raising and
discussing issues in an open forum,and working to reach consensus on each issue. The Work
Group worked in parallel and communicated with State and Regional Board staff responsible
for storm water permit compliance.
These best management practices were developed with retail gasoline outlets
mind, and may or may not have applicability to other facility es e. primarily m
fleet operations). The need for and application of these BMPs too other gfacility-types Blocks,bulk plants,
carefully reviewed on a case-by-case basis. During should be
and wastewater issues were addressed together to avoid cross-media development of this guide, � .
gu storm water
addition, edla fz'ansfers of waste. In
the potential of these BMPs to affect other environmental media/regulations (e.g.,
hazardous waste) was considered before their inclusion in this guide.
Regulatory Context
The Federal Clean Water Act, as amended in 1987,and the State Porter-Cologne Act are the
principle regulations for control of storm water pollutants. There are,however, other
regulations that deal with the control of storm water pollutants, .Examples include the Federal
Coastal Zone Act Reauthorization Amendments of 1990, and the State Hazardous Waste source
Reduction and Management Review Act. The 1987 amendments to the Federal Clean Water
Act added section 402(p) which establishes a framework for regulating Municipal, industrial,
and construction-storm water discharges under the National Pollutant Discharge Elimination
System(NPDES)program. On November 16,1990, the USEPA published final regulations that
establish application requirements for storm water permits from five classes of discharges
(Phase 1) including storm water associated with industrial activity (industrial storm water) that
discharges either directly to surface waters or indirectly
through munici
drain systems. Municipalities with a population over 00,000 or those that have ate storm
determined to be a significant contributor of pollutants are also required to obtain eNPDES
storm water permit.
BMP Guide California SWQTF
Retail Gasoline Outlets March}997
3
As part of its storm water management program,a municipality is required to develo a
program to monitor and control pollutants in storm water p
discharges from its municipal
system. These programs must include structural and source control measures to reduce
pollutants from runoff from commercial and industrial areas. Thus it is important for
commercial and industrial facilities located within municipaliti es to realize that there maybe
municipal requirements on storm water discharges from their facilities.
In addition to the storm water requirements,both the Federal Clean Water Act and the State
Porter-Cologne Act require the control of pollutants in wastewater discharges. The Porter-
Cologne Act requires the development of Basin Plans for drainage basins in California. These
basin plans are used in turn to identify more specific controls for discharges (e.g.,wastewater.
treatment plant effluent). The basin plans are implemented through the NPDES program.
Many municipalities,being subject to both storm water and wastewater regulations,will
develop water quality protection programs that deal with both types of discharges in a
coordinated and integrated way.
Purpose and Intent .
The purpose of this guide is two-fold. First, to be a compilation of peer-reviewed best
management practices for fueling and other closely related activities found at retail fueling
operations. Second, to be a reference for municipalities,regulators,and facility owners and
operators.
The intent of the SWQTF is that these best management practices serve as a "default" set of
BMPs for use throughout California. Municipalities and retail gasoline outlets that have not yet
adopted best management practices for these activities should give these practices strong
consideration. Municipalities and retail gasoline outlets that do have and use BMPs should
compare their current practices with those presented here. Substantive differences should be
identified and re-evaluated. Successful implementation of these BMPs depends on a
partnership between miuucipalities,regulators, and facility owners and operators. Each has a
role to play:
• Municipalities should become familiar with these BMPs and incorporate them into their
water quality protection programs,as appropriate.
• ReguIators and inspectors should use these or similar BMPs to measure the pollution
prevention efforts of facilities.
BMP Guide California SWQTF
Retail Gasoline Outlets March 1997
4
• Facility owners and operators should become f
employees about them,and ensure that thee tthese BMps,teach their
y are used on-site.
How to Use the Best Management Practices
Coverage-These est management practices cover three'activities or areas:
• FueI dispensing
• Air/water supply
• Outdoor waste receptacles
Retail gasoline outlets will have every combination of these acti vities/areas on-
other activities not covered b site, including
y this guide. For example,a facility may
area,air/water supply area,indoor service bay,but no Outdoor aste re ee des dispensing
cover the first two areas but not the indoor service bay: Best P These BMPs
indoor service bay may be found elsewhere. The inclusion of management practices for the
air/water supply areas is not intended to suggest that air and/or water m t be practices for
retail gasoline outlets in geographic areas not otherwise required to do so. supplied by
Design -The design of this guide is purposely different from man
as a menu of BMPs from which the facility owner Y BMp Iis is that are designed
some but not necessarily all BMPs. These BMP lists are for and the inspector,may choose
on-site, each numbered BMP listed below the activity should e implemented. For
activity/area is
as described below, several implementation Options are provided. For some BMPs,
practices are meant to be implemented, monitored and maintained best management
P � aintained on a year round basis. The
guide also makes an • '
important distinction between existing facilities and new or substantially
remodeled facilities. A definition of new or substantially remodeled is also provided.
Work Group used these design elements to help larify P d The
P and�Y expectations. -
Options -Several of the best management practices provide facility
options for compliance. For example,one best management practice owners and operators
Minimize the Possibility P s: .
P ty of storm water pollution from outside waste receptacles by doing
at least one of the following:
a) use only watertight waste receptacIe(s) and keep the lids closed,or
b) grade and pave the waste receptacle area to prevent run-on m
P P run-on of storm water, or
c) install a roof over the waste receptacle area,or
d) install a low containment enn around the waste receptacle area or
e) use and maintain drip pans under waste receptacles.
BMP Guide
Retail Gasoline Outlets California SWQTF
March 1997
S
It is the intent of these BMPs that a) through e)are o__pti_OnS. )affective implementation one of these options,chosen by the facility owner/o p ementation of at least
of this best mans perator,should be deemed implementation
Bement practice.
Other BMPs-The Work Group considered other BMPs not listed here%ncludin .
• Oil/water separators
Catch basin inserts
The evidence reviewed by the Work Group indicated that the effectiveness and efficiency of
these and other BMPs not listed was insufficient for them to pass peer review and therefore
these BMPs can not be generally recommended for use statewide There may be situations in
which these BMPs would be effective and efficient(as evidenced by research),and therefore
appropriate,but these situations should be the exception,not the rule. Members of the SWQTF
are conducting studies on these and other BMPs. If that research shows that a particular BMP
is effective and efficient, the SWQTF will consider adding it to this guide.
Best Management Practices -
Existing Facilities
Fuel Dispensing Areas
1. Maintain fuel dispensing areas using dry cleanup methods such as sweeping for removal of
litter and debris, or use of rags and absorbents for leaks and spills. Fueling areas should
never be washed down unless the wash water is collected and disposed of properly.
2. Fit underground storage$ tanks with spill containment and overfill prevention systems
meeting the requirements of Section 2635(b) of Title 23 of the California Code of
Regulations.
I Fit fuel dispensing nozzles with"hold-open latches" (automatic shutoffs) except where
proltibited.by local fire departments.
4. Post signs at the fuel dispenser or fuel island warning vehicle owners/operators against
"topping off" of vehicle fuel tanks.
Facility-.GeneraI
1. "Spot clean" leaks and drips routinely. Leaks are not cleaned up until the absorbent is
picked up and disposed of properly.
BMP Guide California SWQTF
Retail Gasoline Outlets March 1997
6
�. Maintain and keep Mrrent,as r •
ensure that employees are equsred�other regulations,a spill response
trained on the elements of the plan. p° e P and
3' Manage materials and waste to reduce adverse im a
p cts on storm water quality,
4. Train all employees upon hiring nd annually wally thereafter on proper methods for handling
and disposing of waste. Make sure that all employees n g
prohibitions, wastewater discharge r Y understand storm water discharge
g eq�rements,and these best g
Use a training log or similar method to document training management Practices.
5• Label drains within the facility .
whether they flow to an oil/wale seda�rator paint/stencil (or equivalent),to indicate
Labels are not necessary separator, directly to the sewer,or to a storm drain
ary for Plumbing fixtures or
connected to the sanitary sewer.
6. Inspect and clean if necessary,storm
drain m basins within and catch basi
boundary before October 1 each year. tlun the facility
Outdoor Waste Receptacle Area
1. Spot clean leaks and drips routinely to prevent runoff of spillage'.
2. Minimize the possibility of storm water pollution from outside waste re
at least one of the following: ceptacles by doing
a) use only watertight waste receptacles) and keep the lids closed,
b) grade and pave the waste receptacle area to prevent run-on of storm w
C) install a roof over the waste receptacle area,or ater,or
d) install a low containment berm around the waste receptacle area,or
e) use and maintain drip pans under waste receptacles.
Air/Water Supply Area
1. Minimize the possibility of storm water pollution from air/water su 1 a
least one of the following PP y areas by doing at
a) spot clean leaks and drips routinely to prevent runoff of
b) grade and pave the air/water supply a spillage,or -
C) install a roof over the air/water sulrea to prevent run-on of storm water,or
pp y area, or
d) install a low containment berm around the air/water suPY
p I area.
BMP Guide
Retail Gasoline Outlets California SWQ1T
March 1997
New or Substantially Remodeled Facilities
The elements listed below should be included in the design and construction of new or
substantially remodeled facilities.
Fuel Dispensing Areas
1. Fuel dispensing areas must be paved with
Portland cement concrete(or, equivalent smooth
impervious surface),with a 2% to 4% slope to prevent ponding,and must be separated from
the rest of the site by a grade break that prevents run-on of storm water to the extent
Practicable. The fuel dispensing area is defined as extending 6.5 feet from the corner of
each fuel dispenser or the length at which the hose and nozzle assembly may be operated
Plus 1 foot,whichever is less. The paving around the fuel r Y c -Z th
ulirumum dimensions of the"fuel ��mg area may exceed the
dispensing area"stated above.
2. The fuel dispensing area must be covered,and the cover's minimum dimensions
equal to or greater than the area within the grade break or the fuel dispensing eauas be
defined above. The cover must not drain onto the fuel dispensing area.
Outdoor Waste Receptacle Area
1. Grade and pave the outdoor waste receptacle area to prevent run-on of storth water to the
extent practicable.
Air/Water Supply Area
1. Grade and pave the air/water supply area to prevent run-on of storm water to the extent
ent
Substantially Remodeled Facilities
One of the following criteria must be met before a facility is deemed to be substantially
remodeled and the design elements described above are required to be included in th
design and construction: a new
• the canopy cover over the fuel dispensing area is new or is being substantially replaced not
including cosmetic/facial appearance changes only) and the footing is structurally
sufficient to support a cover of the minimum dimensions described above,or
• one or more fuel dispensers are relocated or added in such a way
concrete (or,equivalent) paving and grade break or the canopy cover over Portland cement
BMP Guide California��
Retail Gasoline Outlets March 1997.
dispensing area do not meet the aiuiimum
li
meting dispensers or underground s ons as defined above. Replacement of
torage tanks do not,by themselves
substantial remodel. ,constitute a
S ecial note on the pavin BMp #1 onI addr
Substantiall Remodeled Facilities essin Fuel Dis ensin Areas under New or
This best management practice is not
new canopy where no canopy specifically intended to apply to facilities that:install a
py existed.
S ecial note on the cano B
Substantiall Remodeled Facilities 2 onl addressin Fuel Dis ensin areas under lVew or
This best management practice is not
• are located in eo specifically intended to apply to facilities that
g $mphic areas not subject to federal or state storm water regulations
• do not discharge storm water either directly to surface waters
municipal separate storm drain systems or indirectly, through
• do not add fuel dispensers
• replace,relocate,or add P thin ensers fuel dispensers within the'
. paramete
increase their throughput of fuel dispensed without mo rs described in the BMP
• make only cosmetic or facial appearance �'mg their equipment
PP changes to their existing canopy
For the purposes of the waste receptacle area and air/water supply area
is considered substantially remodeled if the area around the waste rece MPs only, the facility
supply area is being regraded or repaved. P cle area or air/water
Help
For assistance with implementation of these best management practices or
facility owners and operators should contact their local storm water Program rep al staff i
RegionaI Board or State Board storm water contact, or the Stormwat a giam representative,
_ Quality Task Force.
BMP Guide •
Retail Gasoline Outlets on111
March 1997
1
RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE
4 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATE
PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA REGION.
5
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL O
8 THE CITY OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION 1. The City Manager is hereby authorized and directed to execute, on behalf
11 of the City, the National Pollutant Discharge Elimination System Stormwater Permit
12 Implementation Agreement, Santa Ana Region.
13 SECTION 2. This agreement and any amendment or modification thereto shall not take
14
effect or become operative until fully signed and executed by all parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully executed and no oral agreement
16 relating thereto shall be implied or authorized.
17 SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it
18 within one hundred and twenty(120) days of the passage of this resolution.
19
20
21
22
23
24
25
26
27
28
- 1
1 COMMON COUNCIL OF THE
RESOLUTION OF THE MAYOR AND
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE
2 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATE
3 PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA REGION.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof, held
6
on the day of , 2011, by the following vote, to wit:
7
s
Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10
VACANT
BRINKER
11
SHORETT
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
17
18 Rachel Clark, City Clerk
19
The foregoing resolution is hereby approved this day of , 2011.
20
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
24
JAMES F. PENMAN,
25 City Attorney
26
27
! 28 By.
-2
I NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3 SANTA ANA REGION
4
5
6 This AGREEMENT entered into as of this [DATE] by the County of San Bernardino, (herein
7 called the COUNTY), the San Bernardino County Flood Control District (herein called the
8 DISTRICT),and the Cities of Big Bear Lake,Chino,Chino Hills,Colton, Fontana,Grand Terrace,
9 Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San
10 Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of
11 each party with respect to compliance with National Pollutant Discharge Elimination System
12 (NPDES) Stormwater regulations administered by the California Regional Water Quality
13 Control Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean
14 Water Act (CWA) and its 1987 amendments and the Water Quality Act(WQA).
15
16 RECITALS
17
18 Whereas
19 Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342
20 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate regulations
21 for applications for permits for stormwater discharges;and
Whereas
24 These permit regulations require the control of pollutants from stormwater discharges
25 by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the
26 discharge of stormwaters into waters of the United States;and
27
28 Whereas
29 These EPA regulations require NPDES permits for discharges from municipal separate
30 storm sewer systems (MS4 Permit)on a system-wide or jurisdiction-wide basis;and
31
32 Whereas
33 The State Legislature,in enacting the San Bernardino County Flood Control Act, created
34 the San Bernardino County Flood Control District to provide for the control of flood and storm
35 waters; and
36
37 Whereas
38 The Powers granted to the DISTRICT by the San Bernardino County Flood Control Act
39 include carrying on technical and other investigations, examinations, or tests of all kinds,
40 making measurements, collecting data, and making analyses, studies, and inspections
41 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution,
42 waste,and contamination of water both within and without the DISTRICT;and
43
44 Whereas
/ The CITIES, the COUNTY and 'the DISTRICT desire to develop and implement an
integrated stormwater discharge management program with the objective of improving water
47 quality in the Santa Ana Watershed portion of San Bernardino County;and
June 8 2010 MS4 Implmentation Dral Final—dean.doc I
48
49 Whereas
50 The California State Water Resources Control Board (SWRCB) as designee of the EPA
51 has delegated authority to the Regional Water Quality Control Board - Santa Ana Region
52 (SARWQCB) for administration of the MS4 Permit program and issuance of M54 Permits within
53 the boundaries of their Region;and
54
55 Whereas
56 The DISTRICT, COUNTY, and CITIES have been designated as joint permittees
57 (Permittees)by the SARWQCB for the MS4 Permit issued to the County of San Bernardino;and
58
59 Whereas
60 The DISTRICT has been designated as the Principal Permitee in the MS4 Permit;and
61
62 Whereas
63 The COUNTY and the CITIES have been designated as the Co-permittees in the MS4
64 Permit;and
65
66 Whereas
67 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file an
application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the
DISTRICT; and
!V
71 Whereas
72 The Permittees shall establish and maintain a Management Committee to coordinate
73 compliance with MS4 Permit requirements and implement a Stormwater Management Program
74 across all jurisdictions covered by this MS4 Permit; and
75
76 NOW THEREFORE,the parties hereto do mutually agree as follows:
77
78 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file the application for
79 an area-wide storm water permit. The COUNTY, the DISTRICT, and each individual
80 CITY will be a Permittee.
81
82
83 II. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and
84 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4
85 Permit requirements and implementation of the Stormwater Management Program
86 through the workings of the Management Committee. The responsibilities and structure
87 of this committee shall include:
88
89
90
01 A. The purpose of the Management Committee shall be to develop policies,
(including goals, needs, and priorities) budgets, and implementation
>,, strategies and plans for the area-wide Stormwater Management Program
94 to ensure compliance with the M54 Permit. The Management Committee
June 8 2010 MS4 tmptmenlafion Draft Final—dean.doc 2
"5 shall evaluate implementation options and strategies and recommend
96 implementation actions to the DISTRICT.
97
98 B. Each Permittee shall designate in writing at least one authorized
99 representative and one alternate to participate on the Management
100 Committee. Management Committee designees and alternates shall be
101 authorized by their respective city council or governing board to cast
102 votes on behalf of their jurisdiction to determine Stormwater
103 Management Program budgets and all other program elements required
104 to implement the areawide Municipal Stormwater Management Plan
105 (MSWMP).
106
107 C. The Principal Permittee shall serve as the chairperson for the
108 Management Committee.
109
110 D. The Management Committee shall meet at least once each month, except
I 1 l during the month of December.
112
113 E. Ten (10) authorized representatives present in person at a scheduled
114 meeting constitute a quorum for the transaction of business of the
115 Management Committee. if a quorum is not present at a scheduled
' Management Committee meeting, less than a quorum may adjourn the
meeting. For all Management Committee actions other than approval of
1 1 6 the budget as set forth in Section VII.C.1. of this AGREEMENT, a
119 majority vote of the quorum shall decide any question brought before the
120 Management Committee for decision.
121
122 F. The Management Committee shall support Stormwater Management
123 Program implementation by providing guidance to the Principal Permittee
124 with respect to stormwater program administration and approving
125 elements of the area-wide MS WMP.
126
127 G. The Management Committee may establish subcommittees to support
128 the work of the Management Committee. Subcommittees shall include
129 interested members of the Management Committee, and/or other
130 Permittee staff with necessary expertise. Subcommittees may develop
131 recommendations for Management Committee consideration. Such
132 recommendations require majority approval by members of the
133 subcommittee on a one vote per Permittee basis.
134
135 H. Approval of Management Committee decisions will require a majority
136 vote of the authorized representatives or alternates in attendance, on a one
137 vote per Permittee basis. In the event that the Management Committee
138 does not approve a subcommittee recommendation, the item will be
13r' directed back to the subcommittee for reconsideration.
June B 2010 MS4 lmpimentetion Draft Final-deanboc 3
140 I. All parties to this AGREEMENT achieve cost savings by working
141 collectively to implement the areawide stormwater program. To
142 maximize these cost savings,the Permittees agree that:
143
144 1. Each authorized representative shall actively participate in at least
145 9 of 11 monthly Management Committee meetings;
146
147 2. Each Permittee shall actively participate in at least one
148 subcommittee, either through the authorized representative or
149 other authorized designee. Participation will be defined as
150 attendance at fifty percent (50°x) or more of subcommittee
151 meetings held in a given fiscal year.
152
153
154 III. Principal Permittee Responsibilities.
155
156 The DISTRICT,acting through its Board of Directors, is the Stormwater Program Administrator
157 for purposes of this AGREEMENT. The District shall have administrative responsibilities and
158 shall be reimbursed for its time expended on behalf of the Stormwater Program. These rates
159 include actual hourly rate plus overhead. Materials are to be reimbursed at direct cost.
1<�
The DISTRICT,while acting as administrator,will strive to implement the policies,budget,and
1u/- required program elements according to the recommendations of the Management Committee.
163 In turn,the Management Committee will work in good faith with the DISTRICT to make
164 reasonable policy,budget and required program element recommendations to the
165 DISTRICT. The Parties recognize and acknowledge,however, that the DISTRICT,as governed
166 by the San Bernardino County Board of Directors,retains final authority regarding the nature
167 and manner in which the recommendations of the Management Committee shall be executed.
168
169 In the event that the DISTRICT proposes to implement an approach different than the one
170 recommended by the Management Committee,the DISTRICT's proposed alternative action
171 shall be communicated to the Management Committee at the next available meeting of the
172 Management Committee. If the Management Committee approves the alternative action,then
173 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs
174 associated with that alternative action. If,in good faith,the Management Committee does not
175 approve the alternative action,the DISTRICT may implement the alternative action,but the
176 DISTRICT shall be solely responsible for paying the increased costs, if any,resulting from the
177 alternative action. This increased cost shall be measured by the difference between the cost of
178 the alternative action and the estimated cost of the action as reasonably recommended by the
179 Management Committee.
180
181 If the DISTRICT'S proposed alternative implementation action involves an increase in program
182 costs, that alternative implementation action shall not be adopted until such time as each
18-1 authorized representative of the Management Committee has had 45 days to relay that
1 alternative implementation action to its various governing bodies for approval.CITIES and
16- COUNTY shall have no responsibility for the incremental increase in cost associated with an
June 8 2010 M54 Implmentation Draft Final-clean.0oc 4
186 alternative action that is not approved by the Management Committee after 45 days has passed
187 with the governing bodies failing to approve the alternative implementation action.
188
189
190
191 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater
192 Management Program contracts and agreements with all consultants, contractors, vendors or
193 other entities as recommended by the Management Committee.
194
195 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co-
196 permittees as applicant in preparing and submitting grant proposals, and may act as
197 administrator for any awarded grant funds.
198
199 The DISTRICT, if recommended by the Management Committee, will act on behalf of the
200 Stormwater Program as the contracting party and signatory in joint agreements with other
201 municipal stormwater programs and stakeholders for regional benefits and cooperation.
202
203 As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide
204 MS4 Permit activities and manage the Stormwater Management Program by:
205
206 A. Conducting chemical, biological and bacteriological water quality
monitoring on behalf of the areawide program as required by the MS4
2L,_ Permit.
209
210 B. Implementing management programs, monitoring programs, and related
211 plans as required by the MS4 Permit.
212
213 C. Preparing and submitting to the Executive Officer (SARWQCB) unified
214 reports,plans,and programs necessary to comply with the MS4 Permit.
215
216 D. Coordinating and conducting Management Committee meetings as
217 specified in the MSWMP.
218
219 E. Taking the lead role in initiating and developing area-wide programs and
220 activities necessary to comply with the MS4 Permit.
221
222 F. Participating, as needed, in any subcommittees formed to facilitate MS4
223 Permit requirements.
224
225 G. Providing technical and administrative support and inform the Co-
226 permittees of the progress of other pertinent municipal programs, pilot
227 projects, research studies, and other information to facilitate
228 implementation of Co-permittees' stormwater program.
Z2c'
June 8 2010 MS4 Implmentallan Draft FkW- hondoc
230 H. Coordinating the implementation of area-wide Stormwater Management
231 Program activities such as a monitoring program, public education, and
232 pollution prevention.
233
234 I. Gathering and disseminating information on the progress of statewide
235 municipal stormwater programs and evaluate the information for
236 potential use in the execution of the MS4 Permit.
237
238 J. Monitoring the implementation of the plans and programs required by
239 the M54 Permit and determine their effectiveness in attaining eater
240 quality standards.
241
242 K. Coordinating with SARWQCB activities pertaining to implementation of
243 the MS4 Permit,including the submittal of all required reports,plans, and
244. programs.
245
246 L. Soliciting and coordinating public input for any major proposed
247 stormwater management programs and implementation plans.
248
?An M. Developing and implementing mechanisms, performance standards, etc.,
to promote consistent implementation of Best Management Practices
2;1 among the Permittees.
252
253 N. Cooperating in watershed management programs and regional and/or
254 statewide monitoring programs.
255
256 IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee
257 by:
258
259 A. Preparing and submitting to the Principal Permittee in a timely manner
260 all required information necessary to comply with permit reporting
261 requirements. Timely completion of Permittee annual report
262 information is considered meeting the deadline if received on or before
263 September 15th of each reporting year.
264 B. Notifying the Principal Permittee immediately,in writing,of any
265 changes to the designated representative to the Management
266 Committee.
267 C. Reviewing and commenting on all plans,strategies,management
268 programs,and monitoring programs, as developed by the Principal
269 Permittee or a subcommittee of the Management Committee.
270 D. Conducting and/or coordinating with the Principal Permittee on any
surveys or characterizations needed to identify pollutant sources from
specific drainage areas.
273
June 6 2010 MS4 Implmentatlon Draft Final--clean.doc 6
274 V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually
275 responsible for implementing all MS4 Permit requirements within their respective
276 jurisdictions. The Management Committee does not assume any responsibility for
277 implementing the Stormwater Management Programs for the Principal Permittee or any
278 other Permittee or for ensuring that the Principal Permittee or the Co-permittees
279 implement programs consistent with the recommendations of the Management
280 Committee.
281
282 VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless
283 the other parties to this AGREEMENT from and against any and all liability and expense
284 arising from any act or omission of the indemnifying party, its authorized officers,
285 employees, agents, and volunteers in connection with the performance of this
286 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal
287 fees, claims, actions, damages, liability, and causes of action for damages of any nature
288 whatsoever; provided, however, that no party shall indemnify another party for that
289 party's own negligence or willful misconduct.
290 In the event a party,or parties, to this AGREEMENT is/are found to be comparatively at
291 fault for any claim,action,loss or damage which results from their respective obligations
292 under this AGREEMENT,the party,or parties shall indemnify the other party/parties to
293 the extent of its/their comparative fault. Furthermore, if a party attempts to seek
204 recovery from the other for Workers' Compensation benefits paid to an employee, the
parties agree that any alleged negligence of the employee shall not be construed against
21„ the employer of that employee.
297 The parties to this AGREEMENT are authorized self-insured public entities for purposes
298 of Professional Liability, Automobile Liability, General Liability, and Workers'
299 Compensation and warrant that through their programs of self-insurance, they have
300 adequate coverage or resources to protect against liabilities arising out of their
301 performance under this Agreement.
302
303
304
305
306 VII. Program Costs. The responsibilities for payment of all shared costs of equipment,
307 services, contracted analytical services, and the cost of implementing the MS4 Permit,
308 shall be distributed among the DISTRICT, COUNTY,and CITIES as follows:
309
310 A. The DISTRICT shall contribute 5% of the annual Program Costs; the other
311 Permittees shall be responsible for the remaining 95% of the Program
312 Costs.
313
314 B. The annual budget shall separate program costs into four Program Areas:
315
316 1. Monitoring, which shall include any water quality and
317 hydrographic monitoring and laboratory analyses.
3.- 2. Public Education,which shall include all public outreach programs.
320
June 8 2010 MS4 Implmentabon Drsfl Flnel-ism.doc 7
321 3. Program Management & Regulatory Activities, which includes
322 administrative,reporting and regulatory activities.
323
324 4. Training, which addresses any training conducted to implement
325 the stormwater management program.
326
327 C. The Principal Permittee shall prepare and implement an annual operating
328 budget with the participation of the Permittees. The budget year shall
329 coincide with the fiscal year of the DISTRICT,July 1 -June 30.
330
331 1. The Principal Permittee will forward the annual operating budget
332 for the forthcoming year to the Co-permittees for review and
333 approval. The review period shall be from the first business day of
334 November to the first business day of December of each year.
335 During the review period, the Co-permittees may provide written
336 comments on the budget to the Principal Permittee. The Fiscal
337 Subcommittee will review the comments on the budget and
338 endorse a draft budget for Management Committee approval. The
339 Management Committee will consider the draft budget for
340 approval at the January meeting. An affirmative response from a
majority of the total number of authorized representatives or
authorized alternates is required for approval.
343
344 D. For Fiscal Year 2010/11, the Permittees cost share shall be as follows:
PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.98
Chino 4.59
Chino Hills 5.08
Colton 3.48
Fontana 7.45
Grand Terrace 0.80
Highland 2.21
Loma Linda 1.36
Montclair 2.19
Ontario 11.99
Rancho Cucamonga 9.81
Redlands 4.84
Rialto 5.58
San Bernardino 12.13
Upland 5.05
June 8 2010 MS4 lmOrnentation Omh Finer-dean.doc 8
PERMITTEE PERCENTAGE SHARE
Yucaipa 3.42
County 13.04
District 5.00
TOTAL 100
345
346 E. For Fiscal Year 2011/12, and all subsequent fiscal years the Permittees
347 cost share shall be determined annually according to the methodology
348 provided in Appendix A.
349 F. For Fiscal Year 2011/12, and all subsequent fiscal years, the Permittees
350 annual cost share shall be calculated by November 1 of each year and
351 shall be included in the annual budget proposal.
352 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual
353 deposit after July 1, the start of the fiscal year. Each CITY and the
354 COUNTY shall pay the deposit within 30 days of the date of the invoice.
3S5 Each CITY's and the COUNTY's deposit shall be based on their prorated
share of the approved annual budget, reduced for any surplus identified
_ . in the prior fiscal year-end accounting.
358 H. The DISTRICT shall make reasonable efforts to inform the Management
359 Committee during the fiscal year of potential exceedances of the approved
360 budget that may require the Parties to increase the deposits. If at any time
361 during a fiscal year the program costs exceed the sum of the deposits, the
362 DISTRICT shall submit invoices to the CITIES and the COUNTY to
363 recover the deficit. The share for each CITY and the COUNTY shall be
364 prorated according to the formula above (see Paragraphs D and E of this
365 Section). Each CITY and COUNTY shall pay the invoice within 30 days of
366 the billing date.
367
368 I. The DISTRICT shall prepare a fiscal year end accounting at the end of
369 each fiscal year and distribute copies to the Permittees for their review by
370 October 31 of that year. Permittees shall have 30 calendar days from the
371 date of their receipt of the fiscal year end accounting to dispute in writing
372 or concur with the findings. If the fiscal year end accounting results in
373 costs exceeding the sum of the deposits (including interest earnings), the
374 DISTRICT shall invoice each CITY and the COUNTY for its prorated
375 share of the excess cost. Each CITY and the COUNTY shall pay the billing
I within 30 days of the date of the invoice. If the fiscal year end accounting
3 results in the sum of the deposits (including interest earnings) exceeding
June 8 2010 MS4 Implmentalion Draft Rnal--Wean.doc 9
378 costs, the excess deposits will carry forward to reduce the billings for the
379 following year.
380
381 J. Upon termination of the program, a final accounting shall be performed
382 by the DISTRICT. If costs exceed the sum of the deposits (including
383 interest earnings), the DISTRICT shall invoice each CITY and the
384 COUNTY for its prorated share of the excess. Each CITY and the
385 COUNTY shall pay the invoice within 30 days of the date of the invoice.
386 If the sum of the deposits (including interest earnings) exceeds the costs,
387 the DISTRICT shall reimburse to each CITY and the COUNTY its
388 prorated share of the excess (including any interest earnings remaining),
389 within 30 days of the final accounting.
390
391 K. Each CITY and the COUNTY shall bear the financial responsibility for
392 implementing the program within its jurisdictional boundaries, including
393 any applicable MS4 permit fees,as outlined in Section V .
394
395 L. The annual administrative costs (includes actual hourly rate plus
396 overhead) incurred by the DISTRICT shall be included in the budget for
397 the Areawide Program Costs and paid according to this Section, Section
398 111 and Appendix A.
4 M. The financial responsibility for this AGREEMENT will be effective on the
401 date this AGREEMENT takes effect.
402
403 VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the term of
404 the current MS4 Permit (Order No. R8-2010-0036). The renewal process of the
405 Implementation Agreement shall begin at the same time as the initiation of the Report of
406 Waste Discharge renewal and shall be completed within 6 months from the SARWQCB
407 approval date of the MS4 Permit that follows Order No. R8-2010-0036. This
408 AGREEMENT shall therefore take effect on the date it is approved by all parties and
409 shall terminate 6 months after SARWQCB approval of the MS4 Permit that follows
410 Order No. RS-2010-0036.
411 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San
412 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the
413 provisions in this funding agreement and shall sign this AGREEMENT prior to being
414 included in the permit. The date of initiation, for determining participant costs for any
415 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit
416 issued by SARWQCB. The cost for adding any additional Permittee to the program,
417 including additional permit and processing fees, shall be paid by the added Permittee.
418 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their
419 respective annual program operating fees for the following budget year.
420
421 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this
42 AGREEMENT at the end of any fiscal year with written notice being received by the
42, DISTRICT 90 days prior to the end of the fiscal year. A withdrawing Pemuttee will not
424 be allowed refunds for tasks, projects or studies already underway in which funds have
June 8 2010 MS4 Implmentalion Draft Final--lean doc 10
C
425 been obligated for the fiscal year. Upon completion of tasks, projects or studies
426 undertaken or on-going, if any funds are not expended, a refund of the share of the
427 balance shall be paid within sixty (60) days thereafter to the withdrawing Permittee.
428
429 The withdrawing Permittee shall be responsible for all assessed penalties as a
430 consequence of withdrawal. The cost allocations to the remaining members will be
431 calculated in the following budget year.
432
433 XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the
434 agreement. If a breach is not cured within ninety (90) days after receiving a notice to
435 cure the breach by a pernvttee, permittee in breach may be terminated from this
436 AGREEMENT by a majority vote of the Management Committee.
437
438 XH. Non-compliance with M54 Permit Requirements. Any Permittee found in non-
439 compliance with the conditions of the MS4 Permit within their jurisdictional
440 responsibilities shall be solely liable for any assessed penalties, pursuant to Section
441 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed
442 according to the formula in Appendix A.
443
444 XIH. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any
4.6 c party's rights hereunder or enforce any provision hereof for any damages by reason of
an alleged breach of any provisions of this AGREEMENT, each party shall bear its own
44, attorney's fees and costs incurred in conjunction with such legal action regardless of
448 who is found to be the prevailing party. This section shall not apply to those costs and
449 attorney's fees arising from any third party legal action against a party hereto and
450 payable under Section VI,Indemnification and Insurance.
451
452 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent to
453 a two-thirds majority of the Permittees (rounded to the nearest whole number).
454 Amendments to this AGREEMENT may be adopted and executed concurrently, and
455 shall become effective upon its execution by a majority of the Permittees as defined
456 above.
457
458 XV. Authorized Signatories: Each Permittee will determine by either resolution or ordinance
459 who will be the authorized signatory. This person shall be authorized to execute the
460 application(s) for MS4 Permit(s) and take all other procedural steps necessary to file the
461 application(s)for M54 Permits.
462
463 XVI. Notices. All notices shall be deemed duly given if delivered by hand;or five (5)working
464 days after deposit in the U.S. Mail,certified mail,return receipt requested.
465
466 XVH. Governing Law. This AGREEMENT will be governed and construed in accordance with
467 laws of the State of California. If any provision or provisions of this AGREEMENT shall
46R be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of
4 the remaining provisions shall not in any way be affected or impaired hereby. Any legal
4'1 action which arises out of or is in any way related to this AGREEMENT shall be brought
471 in the Superior Court of the County of San Bernardino.
June 8 2M MS4 Implmentation Draft Final-clean.doc 1 i
o .
472
473 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived
474 and no breach excused, unless such waiver or consent shall be in writing and signed by
475 any Permittee to have waived or consented. Any consent by any Permittee to, or waiver
476 of a breach by the other whether expressed or implied, shall not constitute a consent to,
477 waiver of,or excuse for any other different or subsequent breach.
478
479 XIX. American Recovery and Reinvestment Act of 2009 "ARRA"). DISTRICT, while acting
480 as the Stormwater Program Administrator, shall include in any contract funded in
481 whole,or in part,by ARRA provisions that substantially conform to the following:
482
483 A. Use of ARRA Funds and Requirements. This Contract may be funded in
484 whole or in part with funds provided by the American Recovery and
485 Reinvestment Act of 2009 ("ARRA"), signed into law on February 17,
486 2009. Section 1605 of ARRA prohibits the use of recovery funds for a
487 project for the construction, alteration, maintenance or repair of a public
488 building or public work (both as defined in 2 CFR 176.140) unless all of
489 the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
490 used in the project are produced in the United States. A waiver is
491 available under three limited circumstances: (i) Iron, steel or relevant
40" manufactured goods are not produced in the United States in sufficient
and reasonable quantities and of a satisfactory quality; (ii) Inclusion of
4�- iron, steel or manufactured goods produced in the United States will
495 increase the cost of the overall project by more than 25 percent; or (iii)
496 Applying the domestic preference would be inconsistent with the public
497 interest. This is referred to as the "Buy American' requirement. Request
498 for a waiver must be made to the DISTRICT for an appropriate
499 determination.
500 Section 1606 of ARRA requires that laborers and mechanics employed by
501 contractors and subcontractors on projects funded directly by or assisted
502 in whole or in part by and through the Federal Government pursuant to
503 ARRA shall be paid wages at rates not less than those prevailing on
504 projects of a character similar in the locality as determined by the
505 Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31).
506 This is referred to as the"wage rate" requirement.
507
508 The above described provisions constitute notice under ARRA of the Buy
509 American and wage rate requirements. Contractor must contact the
510 DISTRICT contact if it has any questions regarding the applicability or
511 implementation of the ARRA Buy American and wage rate requirements.
512 Contractor will also be required to provide detailed information
513 regarding compliance with the Buy American requirements, expenditure
514 of funds and wages paid to employees so that the DISTRICT may fulfill
51'q any reporting requirements it has under ARRA. The information may be
required as frequently as monthly or quarterly. Contractor agrees to fully
5 cooperate in providing information or documents as requested by the
518 DISTRICT pursuant to this provision. Failure to do so will be deemed a
June 6 2010 MS4 Implmentatlon Draft Final-dearn.doc 12
519 default and may result in the withholding of payments and termination
520 of this Contract.
521 Contractor may also be required to register in the Central Contractor
522 Registration (CCR) database at htW://www.ccr.gov and may be required
523 to have its subcontractors also register in the same database. Contractor
524 must contact the DISTRICT with any questions regarding registration
525 requirements.
526
527 B. Schedule of Expenditure of Federal Awards. In addition to the
528 requirements described in "Use of ARRA Funds and Requirements,"
529 proper accounting and reporting of ARRA expenditures in single audits
530 is required. Contractor agrees to separately identify the expenditures for
531 each grant award funded under ARRA on the Schedule of Expenditures
532 of Federal Awards (SEFA) and the Data Collection Form (SF-SAC)
533 required by the Office of Management and Budget Circular A-133,
534 "Audits of States, Local Governments, and Nonprofit Organizations."
535 This identification on the SEFA and SF-SAC shall include the Federal
536 award number, the Catalog of Federal Domestic Assistance (CFDA)
537 number, and amount such that separate accountability and disclosure is
538 provided for ARRA funds by Federal award number consistent with the
539 recipient reports required by ARRA Section 1512(c).
In addition,Contractor agrees to separately identify to each subcontractor
and document at the time of sub-contract and at the time of disbursement
542 of funds, the Federal award number, any special CFDA number assigned
543 for ARRA purposes,and amount of ARRA funds.
544 Contractor may be required to provide detailed information regarding
545 expenditures so that the DISTRICT may fulfill any reporting
546 requirements under ARRA described in this section. The information
547 may be required as frequently as monthly or quarterly. Contractor agrees
548 to fully cooperate in providing information or documents as requested by
549 the DISTRICT pursuant to this provision. Failure to do so will be deemed
550 a default and may result in the withholding of payments and termination
551 of this Contract.
552
553
554 XX. Applicability of Prior Agrieements. This document constitutes the entire AGREEMENT
555 between the Permittees with respect to the subject matter; all prior agreements,
556 representation,statements,negotiations,and undertakings are superseded hereby.
557
558 XXl. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart
559 and the signed counterparts shall constitute a single instrument.
560
561 XXII. No Separate Entity. This AGREEMENT established a framework for PERMITTEE
562 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to
5( create an entity separate from the local agencies that join in this cooperative effort.
5c.
June 6 2010 MS4 Implmer"ion Draft Final—cleen.doc 13
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568 PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE.
569
AF A
Jum 8 2MG MS4 WOomtmbm w.n F+W—d"mocc. 14
�1
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
SANTA ANA REGION.
IN WITNESS WHEREOF, the Agreement has been executed as of the day and year first
above written.
ATTEST: CITY OF SAN BERNARDINO, a
Municipal Corporation
Rachel Clark, City Clerk Charles E. McNeely, City Manager
Approved as to form:
James F. Penman
City Attorney
By:
I
570 APPENDIX A
571
572 A. The DISTRICT shall pay five percent(5%) of the total annual cost, and the COUNTY and
573 the remaining Co-permittees,collectively, shall pay the remaining ninety-five percent
574 (95°x) of the total annual cost pursuant to the formula set forth in Paragraph C,below.
575
576 B. The Permittees total annual cost share is the sum of the individual cost-shares calculated
577 for each Program Cost Area.
578
579 C. The Permittees annual cost share for each Program Cost Area(PCAi) shall be calculated
580 using three cost factors:
581
582 1. Base,which represents the percentage of the program costs equally applied to all
583 Permi.ttees.The base (B)fraction is calculated as follows:
584
585 B =1/N,where N=number of Permittees
586
587 2. Relative Population,which represents the percentage of the program costs based
588 on the relative population of each Permittee.Relative population (RP) of each
589 Permittee shall be calculated annually from annual population estimates issued
5QO by the California Department of Finance (E-1 Table).
RPi=(Pi/Pt,,w),where
593
594 RPi= relative population of Permittee (i)
595 P;= population of Permittee (i)
596 Pt=, = total population for area covered by the area-wide permit
597
598 3. Relative Land Area,which represents the percentage of the program costs based
599 on the relative land area of each Permittee. Relative Land Area (RLA)shall be
600 calculated as follows:
601
602 a. The calculation of relative land area within each Pernuttee's jurisdiction
603 shall exclude land under tribal,state or federal jurisdiction,or any land
604 excluded by the State Wafter Resources Control Board. Any Permittee
605 seeking to exclude lands under this Section shall specifically request that
606 exclusion from the Principal Permittee by providing the request in
607 writing along with necessary documentation no later than October 1 to be
608 considered for inclusion in the next year's annual budget. The requesting
609 Permittee has the burden of proving entitlement to any exemption so
610 requested.
611
612 b. The method for calculating relative land area shall be determined from
611 the Assessor's Parcel data provided by the COUNTY Information
Services Department.
6_
616 RLAi where
June 8 2010 MS4 Implmantabon Draft Final-dean.doc 15
617
618 RLAi=relative land area of Co-permittee (i)
619 L= land area of Co-permittee (i), less excluded lands
620 total land area under permit jurisdiction
621
622 D. The Permittee's cost share for each individual Program Cost Area is based on the
623 relative importance of the cost factors to the Program Cost Area as identified in budget
624 year-specific Tables 1,2 and 3.The cost share calculation for each Program Cost Area,
625 which will be phased in over a three year period as shown in Tables 1, 2 and 3,is as
626 follows:
628 + P * + RLAi*Zi* ABi)]
628 PCAi _ [(B X; ABi) (R Y, AB;) (
629
630 Where,
631
632 FICA,= Permittee's cost share for PCAi
633 ABi= Annual budget for PCAi
634
635 B= Base fraction for each Permittee
636 Xi= Percentage apportioned to the base for PCAi
r-
RPi= Relative population of Permittee(i)
6.19 Yi= Percentage apportioned to relative population for PCAi
640
641 RLAi= Relative land area of the Per -dttee(i)
642 Zi= Percentage apportioned to relative land are for PCAi
643
644 E. The Pennittee's total annual cost share shall be calculated by summing the cost shares
645 calculated for each individual Program Cost Area:
646
647 Permittee's annual cost share =PCAi +PCA2+PCAi +PCA4
648
Table 1. Budget Year[DATE)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Program Cost Areas (PCAi) Relative Relative
Base population Land Area
(Xi) (Y+) (Zi)
Monitoring(PCAi) 10% 30% 60%
Public Education(PCA2) 10% 80% 10%
Program Management& 30% 30% 20%
Regulatory Activities PCAg
Training(PCA4) 30% 60% 10%
June 8 2010 MS4 Impimentalion Draft Final-dean.doc 16
r
649
June 6 1010 WA"ffwntMion W FWW-dnnAoc 17