11/16/2021 - AGENDA ITEM 5 - MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM SUMMARYAGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: November 16, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PROGRAM SUMMARY
RECOMMENDATION:
It is recommended that City Council receive and file the Municipal National Pollutant Discharge Elimination
System (NPDES) Program Summary.
BACKGROUND:
The core issues of governance, risk and compliance are becoming increasingly complex in today's society.
City Councils must approach these matters appropriately in order to serve their communities effectively. Laws
and compliance for local governments include the various regulations and requirements that dictate how the
municipality operates. Staying on top of laws and compliance is critical to the overall success of any local
government organization and reflects a commitment to due diligence and lawful operations.
This is a report about a stormwater permit. The City of West Covina is a Permittee under the Los Angeles
County Municipal National Pollutant Discharge Elimination System (NPDES) Permit. The NPDES Permit is
countywide and is issued and enforced by the Los Angeles Regional Water Quality Control Board (Regional
Board). The Regional Board is an arm of the California Environmental Protection Agency (CalEPA). The
purpose of the Municipal NPDES Permit is to protect local surface waters from polluted discharges that may
impair its beneficial uses. The source of these polluted discharges is from "urban runoff' —mostly stormwater
—that flows into and through Permittees' storm drains systems. As such, the NPDES Permit is often referred
to as the Stormwater Permit, or the MS4 (Municipal Separate Storm Sewer System) Permit.
The NPDES Permit is also a broad, complex, and technical document that mandates the implementation of
exorbitant measures within tight timeframes. This unfortunate set of qualities can make it a formidable topic of
discussion. In this summary report we aim to ease this formidability by distilling the Permit into its main
elements and summarizing in concise language how these elements impact the City.
DISCUSSION:
This report summarizes tje Municipal National Pollutant Discharge Elimination System (NPDES) program and
covers the following:
• Program Administration, Compliance Planning, and Funding
o Implementing the NPDES program requires coordination between neighboring jurisdictions (the
State, County and City). The program includes participation in the Upper San Gabriel River
(USRGR) Watershed Management Group. The City's share is $85,000 per year into the
Memorandum of Agreement (MOA).
o NPDES requires the City and other permittees to meet water quality standards in discharges to
local waterways.
o The County's Safe, Clean Water Program (SCWP) also known as Measure W passed by voters in
November 2018 provides about $1.3 million on year for ongoing NPDES compliance expenses as
well as new stormwater capture projects. However, even with SCWP funding, a funding gap
exists. The Regional Water Board expects cities to seek other funding sources.
• Pollutant Control Measures
o Pollutant control measures are divided into structural control measures and non-structural or
"source control" measures. West Covina has two stormwater capture projects, Cortez Park
and Bassett High School, and has identified potential locations for other regional stormwater
capture projects.
• Monitoring and Reporting
o The City must submit an Annual Report each year in December.
This is the summary of City's program to comply with MS4 permit. Attached is the City of West Covina
NPDES Program Summary Report, dated October 2021.
Prepared by: Okan Demirci, PE, QSD/P
Fiscal Impact
FISCAL IMPACT:
This program and projects applicable to this program are eligible for payment under Measure W — Safe Clean
Water Act.
Attachments
Attachment No. 1 - Municipal National Pollutant Discharge Elimination System (NPDES) Program Summary
CITY Maintain and Enhance City Facilities and Infrastructure
COUNCIL Enhance the City Image and Effectiveness
GOALS & Protect Public Safety
OBJECTIVES:
ATTACHMENT NO. 1
CITY OF WEST COVINA
NPDES Program Summary
October 2021
City of West Covina NPDES Program Summary, October 2021
Table of Contents
1. Introduction and Background
2. Program Administration, Compliance Planning, and Funding
2.1. Program Administration
2.2. Compliance Planning
2.3. Funding and the Safe, Clean Water Program
3. Pollutant Control Measures
3.1. Infrastructure Projects
3.1.1. Regional Stormwater Capture Projects
Cortez Park
Bassett High School
Other Potential Projects
3.1.2. Trash Capture Device Installations
3.2. Public Works O&M Controls
3.2.1. Street sweeping
Sweeping schedule
Parking restriction signs
3.2.2. Catch basin and other drainage facility inspections
3.2.3. City Facility and Activity O&M
3.3. Industrial/Commercial Facilities
3.4. Source Investigations
3.5. Public Information and Participation
3.6. Construction
3.7. Planning and Land Development
3.8. Staff Training
4. Monitoring and Reporting
4.1. Water Quality Monitoring
4.2. Reporting
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NPDES Program Summary, October 2021
1. Introduction and Background
The City is a Permittee under a countywide Municipal National Pollutant Discharge
Elimination System (NPDES) Permit. The Permit is issued and enforced by the Los
Angeles Regional Water Quality Control Board (Regional Board), which is an arm of
Cal EPA. The purpose of the Municipal NPDES Permit is to protect local surface
waters from polluted discharges that may impair its beneficial uses. The source of
these polluted discharges is from "urban runoff' —mostly stormwater—that flow into
and through Permittees' storm drains systems. As such, we sometimes call the
Municipal NPDES the Stormwater Permit, or the MS4 (Municipal Separate Storm
Sewer System) Permit.
The Municipal NPDES Permit is also a broad, complex, and technical document that
mandates the implementation of exorbitant measures within tight timeframes. This
unfortunate set of qualities can make it a formidable topic of discussion. In this
summary report we aim to ease this formidability by distilling the Permit into its main
elements and summarizing in concise language how these elements impact the City.
We grouped this summary report by tasks related to:
• Program administration, compliance planning, and funding. Program
implementation is a technical and decades -long process that requires multi -
agency compliance planning. Funding is essential as the cost of long-term program
compliance exceeds currently available funding sources.
• The implementation of pollutant control measures. Most of the City's program
expenses pay for the requirement to implement pollutant control measures. The
purpose of the control measures is to meet surface water quality standards in local
waterways.
• Monitoring and reporting. NPDES Programs require ongoing monitoring and
reporting to verify compliance.
2. Program Administration, Compliance Planning, and Funding
2.1. Program Administration
Implementing the NPDES Program requires coordination between neighboring
jurisdictions, the County, the State, and internal City Divisions. The City's Public
Works Department administers the program with assistance from a consultant:
John L Hunter and Associates (JLHA). Program administration includes
participating in the Upper San Gabriel River (USGR) Watershed Management
Group. The USGR Group includes the County and several neighboring agencies:
The Cities Baldwin Park, Covina, Glendora, Industry, La Puente, the County of LA,
and the Flood Control District.
The USGR Group funds its activities through a Memorandum of Agreement (MOA)
and administers its activities through monthly meetings. These activities include
water quality monitoring, as well as certain program planning and reporting
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NPDES Program Summary, October 2021
requirements, such as preparing the USGR Watershed Management Program
(WIMP) and semi-annual compliance reports. The City pays a base of about
$85,000 per year into the MOA and can pay as much as $135,000 when the Group
approves certain optional services.
2.2. Compliance Planning
The NPDES Permit requires the City and other Permittees to meet water quality
standards (i.e., limits) in their discharges to local waterways. The standards for
bacteria, metals, toxic chemicals, and trash' are particularly difficult to meet: An
analysis conducted as part of the latest update to the USGR WIMP predicts that by
2036 the total compliance cost will be $877 million dollars. The City's share of this
cost is $89.3 million. The deadline to meet the standards for metals, trash, toxics,
and bacteria is 2026, 2030, 2032, and 2036 respectively. Compliance planning
activities to meet these standards includes identifying potential stormwater capture
projects within the City, updating the USGR WIMP to incorporate these projects,
coordinating with local agencies on projects, submitting projects for funding, and
ongoing monitoring and reporting. The purpose of monitoring and reporting is to
determine compliance with the Permit and water quality standards.
Most Permittees do not anticipate that they will be able to secure sufficient funding
to meet the metals deadline of 2026, or the bacteria deadline of 2036. However,
this does not necessarily mean that Permittees will be out of compliance after
these dates. As deadlines approach, the NPDES Permit allows Permittees to
request "Time Schedule Orders" (TSOs) for additional time. An approved TSO
includes a strict schedule of actions that Permittees must implement within a
certain timeframe. If approved, Permittees may be allowed up to two 5-year TSOs,
for a maximum of 10 years in deadline extensions.
It is also worth noting that some numeric water quality limits —including those for
metals and bacteria —may change as the scientific methods used to determine
those limits advances. Such changes in water quality limits have the potential to
significantly reduce total program costs.
2.3. Funding and the Safe, Clean Water Program
The cost to construct the projects planned to meet water quality standards and
comply with the NPDES Permit exceed available funding. Bridging this funding gap
was the impetus behind the County's Safe, Clean Water Program (SCWP). LA
County voters approved the SCWP, also known as Measure W, in November
2018. The SCWP assigns an annual parcel tax of 2.5 cents per square foot to all
impervious surfaces. The tax accounts for the fact that impervious surfaces
The limit in waterways for bacteria is 235 colony forming units (cfu)/100 mL of E. Coli. This is
the most difficult standard to meet. The two metals that exceed most frequently are copper and
zinc. Their limits vary based on the hardness of the water, with a lower limit of 13 ug/L for copper
and 120 ug/L for zinc. The limit for trash is that it shall not be present in waterways in amounts
that adversely affect beneficial uses or cause nuisance.
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NPDES Program Summary, October 2021
generate urban runoff pollution. Across the County, the tax generates about $285
million per year. The tax funds stormwater capture projects and urban runoff
pollution prevention programs. The County returns 40% of the tax to cities for their
use, earmarks 50% for regional projects within nine separate watershed
management areas, and retains 10% for both program administration and to
support countywide pollution prevention programs.
The SCWP provides the City with a municipal return of about $1.36 million a year
to pay for ongoing NPDES compliance expenses, as well as new stormwater
capture projects. The City's parcel owners also contribute about $1.7 million a year
to regional projects. A 17-member Watershed Area Steering Committee (WASC)
selects regional projects within the USGR watershed through a competitive
process. USGR WASC membership consists of local cities (7 seats), districts (5
seats), and community members (5 seats).
Even with SCWP funding, a funding gap to compliance remains. As such, the
Regional Water Board expects Cities to seek other funding sources, such as grants
and loans.
3. Pollutant Control Measures
We divide pollutant control measures into structural control measures and non-
structural or "source control" measures. Source control measures remove pollutants
at their source before urban runoff can discharge them to the storm drain system.
Street sweeping is a common source control measure. Structural control measures
are engineered systems that capture or treat polluted stormwater. Structural control
measures can be "grey" —meaning without natural elements —such as a dry well, or
"green" —meaning nature -based —such as a bioswale. Although regulations do not
prefer one over the other, most competitive funding programs prefer green solutions.
Twenty years ago, the NPDES Permit focused on implementing source control
measures. Successive iterations of the Permit have emphasized structural controls,
requiring their incorporation into public infrastructure projects as well as certain land
redevelopment projects. We need a combination of both source control and structural
control measures to meet water quality standards in a cost-effective manner.
3.1. Infrastructure Projects
Stormwater infrastructure projects are structural control measures built by municipalities
to capture or treat stormwater.
3.1.1. Regional Stormwater Capture Projects
Long term NPDES Permit compliance relies on the construction of regional
stormwater capture infrastructure projects. The typical design of these projects
is to divert nearby underground storm drainpipes to large underground storage
chambers (a "grey" solution, see Figure 1), or to above -ground basins or ponds
("green" solutions). These systems then infiltrate the stored water into the
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NPDES Program Summary, October 2021
ground —if feasible --or slowly release it to the sanitary sewer system. This
approach is the basis of WMPs throughout LA County.
Cortez Park
The first iteration of the USGR WMP identified one high priority location for a
regional stormwater capture project in West Covina: Cortez Park. In 2019, a
30% design report was prepared for the project. The report indicated that
stormwater infiltration was not feasible, and that the pollutant load captured by
the project was less than similar projects identified in neighboring cities.
Because of these factors, the project --as currently designed --is not an ideal
candidate to apply for grant or SCWP funding. The City could improve the
project —and so increase the likelihood of receiving competitive funding —by
redesigning for the diversion of captured stormwater to the sanitary sewer, or
by incorporating nature -based solutions or other community benefits. Fora City
Park, nature -based solutions might include adding native trees or a bioswale
in the parking lot, and community benefits might include adding recreation
opportunities.
Bassett High School
A 473 acre area of the City drains to a County -led stormwater capture project
at Bassett High School in La Puente. See Figures 1 and 2. The project has
already received $31.2 million in SCWP funding. The estimated total project
cost is $62.4 million. In 2020 the City committed to participating in the project.
(Although the project is outside of the City's jurisdiction, by contributing funds,
the City can claim NPDES Permit compliance credit.) At the time of this report
the County has not yet discussed potential cost share agreements with the
City. Once this discussion begins, we recommend contributing $1 million or
more of the City's local SCWP return toward the project.
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Figure 1. Bassett High School Stormwater Capture Project Concept drawing
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NPDES Program Summary, October 2021
Figure 2. Drainage to Bassett High School Stormwater Capture Project
Other Potential Projects
Beyond Cortez Park, the City has identified potential locations for other
regional stormwater capture projects within its jurisdiction. This includes
Maverick Baseball Field and Ridge Riders Arena (across the street from Cortez
Park), Orangewood Park, and Walmerado Park. We recommend the City
consider using its SCWP local return to fund project feasibility analyses at one
or more of these locations. The City could then submit feasible projects to the
WASC for funding consideration.
In addition to identifying and pursuing regional stormwater capture projects,
NPDES Permit compliance also compels cities to incorporate site -scale
stormwater capture elements into standard Capital Improvement Plan (CIP)
projects, whenever feasible, using the local SCWP return for funding. An
example of this is incorporating a bioswale or dry wells into a road construction
project.
3.1.2. Trash Capture Device Installations
Compliance with statewide trash requirements consists of installing and
maintaining trash capture devices in City and County -owned catch basins
within the City. Not all catch basins require trash capture devices: Only those
in high priority (i.e., high trash generating) land uses2. (About 600 catch
basins.) The City must install half of these devices by 2026, and the remainder
by 2030. The total implementation cost of this project may be in the order of
$500,000. Note that retrofitting a catch basin with a trash capture increases its
annual maintenance costs several times over: Once the project is complete,
2 The high priority land uses are industrial, commercial, high density residential (>10
dwellings/acre), mixed use, and transportation (including bus stops).
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NPDES Program Summary, October 2021
the annual catch basin maintenance costs may be in the order of $200,000 per
year. Also, note that installing the devices in County catch basins requires a
County permit. We recommend that the City fund this effort in the coming years
using its SCWP local return.
3.2. Public Works O&M Controls
3.2.1. Street sweeping
Sweeping schedule
The City must sweep curbed streets at a minimum frequency based on the
amount of trash and debris the streets generate, using a low -medium -high
scale. The City decides what is low, medium, and high. The City must sweep
streets that generate high amounts of trash and debris at least twice a month,
those that generate medium amounts once a month, and those that generate
low amounts once a year. Also note that the City must inspect parking lots that
are either 1) greater than one acre or 2) used for heavy vehicles storage twice
a month and sweep (or otherwise clean) them at least once a month.
Sweeping at higher frequencies is an "enhanced" control measure that aids in
meeting water quality standards for trash and other pollutants. This is the case
for the City, as the City currently sweeps all curbed streets at least at the "high"
frequency (twice a month) even though most streets are `low" generators of
trash and debris. We recommend that the City retain this enhanced sweeping
schedule, which currently costs the City $588,000 per year. However, if this is
not possible, a reduction in sweeping would not likely result in Permit
noncompliance.
Parking restriction signs
The NPDES Permit does not require parking restriction signs for street
sweeping. However, on a practical level, the effectiveness of street sweeping
in reducing pollution is limited if the sweeper's access to the street curb is
limited. We recommend that the City retain parking restrictions where
applicable and consider increasing parking restrictions citywide. However, if
this is not possible, alternative approaches would not likely result in Permit
noncompliance.
3.2.2. Catch basin and other drainage facility inspections
The City must inspect all storm drainage facilities under its jurisdiction at least
once a year. This includes City and County -owned catch basins, City -owned
open channels, and City -owned stormwater capture and treatment devices.
The City must keep records of inspections and cleanouts on file. Note that
underground storm drainpipes do not require annual inspections.
Currently, the City contracts the inspection and cleaning of catch basins at the
required annual frequency to the County. The annual cost to the City is
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NPDES Program Summary, October 2021
$80,000. However, when the City installs trash capture devices in catch basins
or other drainage facilities, it must inspect, maintain, and repair them at a
frequency that ensures they are functioning. This often means multiple
inspections and clean -outs a year, which can significantly increase
maintenance costs. (The County charges close to $400 per year per catch
basin for this service.) Following Section 3.1.2 of this report, this means that in
the coming years the City may see an increase in catch basin cleaning costs
from $80,000 per year to over $200,000 per year.
3.2.3. City Facility and Activity O&M
City facilities and activities that may generate pollutants must implement
source control measures to prevent stormwater pollution and illicit discharges.
(Examples of source control measures include proper storage and raw and
waste materials, spill prevention, and regular housekeeping.) Applicable City
facilities include maintenance, storage yards, parking lots, and parks, as well
as City -owned industrial facilities such as transportation yards, transfer
stations, and landfills. These industrial facilities must be enrolled in --and
comply with --the Industrial NPDES Permit. The City's Corporate Yard is
enrolled under the Industrial NPDES Permit. Applicable City activities include
maintenance related to utilities, storm drains, streets, fleet, parks, and
landscaping.
For applicable activities that the City contracts out, the City must ensure that
contractors are properly trained and contractually obligated to implement Best
Management Practices (BMPs) to prevent urban runoff pollution.
3.3. Industrial/Commercial Facilities
The City must track, educate, and inspect certain commercial and industrial
facilities once every two years. The purpose of the inspection is to ensure source
control measures are in place to prevent stormwater and urban runoff pollution.
Inspected businesses include food service, auto service, manufacturing,
transportation, and waste management facilities. (This amounts to around 350
facilities.) Noncompliance must be enforced in a timely manner following City
ordinances. JLHA assists the City with this task.
3.4. Source Investigations
The City must investigate complaints received of potential illicit discharges (i.e.,
polluted discharges) to the storm drain system. Complaints may be received by
the public, other agencies, or City staff. The City must eliminate all identified illicit
discharges in a timely manner and must enforce the City's ordinances in cases of
noncompliance. The City must also report sewer overflows through an online
reporting system (the California Integrated Water Quality System Project: CIWQS)
and must report to the Regional Water Board of any discharges that may impact
local waterways.
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NPDES Program Summary, October 2021
3.5. Public Information and Participation
The City must educate the public and encourage their participation in stormwater
and urban runoff pollution prevention. The Permit is not prescriptive in how a City
must implement this requirement. It suggests promoting and holding cleanup
events, distributing educational materials at City facilities and events, requesting
businesses distribute materials at points of purchase, and posting educational
content on City webpages, newsletters, TV, and social media accounts. It also
requires that a metric be developed and reported on to indicate the effectiveness
of each outreach activity. JLHA assists the City with this task.
3.6. Construction
Private and public projects that disturb land must be tracked and must implement
erosion and sediment controls. City staff must verify these controls are properly
implemented for all construction projects. City staff that perform this work must be
properly trained annually.
If a project will disturb more than one acre of land, and Storm Water Pollution
Prevention Plan (SWPPP) shall be prepared, the City must ensure that the project
enrolls in the Construction NPDES Permit. The City must also inspect these
projects for NPDES compliance monthly and complete inspection reports.
Noncompliance must be enforced in a timely manner following City ordinances.
JLHA assists the City with this task.
3.7. Planning and Land Development
Certain land development projects must be conditioned to incorporate "Low Impact
Development" (LID) controls, which are structural devices that capture and treat
onsite stormwater runoff. The City must review and approve LID Plans prior to
issuing construction permits. JLHA assists the City with this task. The City must
also verify proper installation of LID controls prior to issuing a certificate of
occupancy.
3.8. Staff Training
Annual training is required for City staff in positions that may affect stormwater and
urban runoff quality. JLHA assists with this task. Applicable City contractors must
certify that their staff has been trained as well.
4. Monitoring and Reporting
4.1. Water Quality Monitoring
The USGR Group implements the NPDES program's water quality monitoring
requirements. The effort is led by the County and implemented by the County's
contractor. The work includes sampling stormwater at select locations in the San
Gabriel River, its tributaries, and storm drain outfalls. It also includes sampling dry
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NPDES Program Summary, October 2021
weather flows. Monitoring results are submitted to the Regional Water Board by
the County every six months.
4.2. Reporting
In December of each year, the City must submit an Annual Report. The Annual
Report reports on the status and costs of control measure implementation. JLHA
assists the City with this task. The USGR Group leads the preparation of a semi-
annual Watershed Report which reports on water quality monitoring and the
cumulative implementation of control measures. The Regional Water Board uses
this information to determine compliance with water quality standards.
P