HomeMy WebLinkAbout1990-07-10; City Council; 10718; WASTE DISCHARGE REQUIREMENTS FOR STORM WATER AND URBAN RUNOFF IN SAN DIEGO COUNTYir
'I
P
0 U g 4
B
.. 2 0 F 0 a
J 5 z 3 0 0
Clm OF CARLSBAD - AGENljl) BILL
AB#-LE&IL. TITLE: DEPT:
\\\I\
MTG. 7-1n-9n WASTE DISCHARGE REQUIREMENTS FOR CITY E
DEPT.FNC.
RECOMMENDED ACTION:
STORM WATER AND URBAN RUNOFF IN SAN DIEGO COUNTY CITY n
Adopt Resolution No. ya -a35 authorizing the Mayor to the letter of intent to apply for the National Pollu Discharge Elimination System Permit pursuant to Regi Water Quality Control Board San Diego Region Order No.
42.
ITEM EXPL2WATION:
The Federal Government acting through the Environme
Protection Agency has established various programs desi to clean up the environment in which we live. One program is the National Pollutant Discharge Elimina System. This program is designed to reduce and elimi Non-point sources of pollution which discharge into
waters of the United States. Non-point source j technical term which means those sources of pollution w
enter the storm drainage system through human activi associated with various land uses. Examples of activities include application of pesticides, herbic and fertilizers to residential gardens and agricult lands, deposition of motor oils, tire rubber and radi coolants onto City streets, siltation from construc activities, the dumping of solvents, paints or a
chemicals into storm drains and the disposal of human
animal wastes such that they may wash into drainage cou during storms.
The Regional Water Quality Control Board, San Diego Re
(RWQCB) will be meeting on July 16, 1990 to cons
adopting an order which requires the incorporated &tie San Diego County, the County of San Diego and the San D
Unified Port District to jointly enter into implementation agreement for the express purpose controlling and reducing pollutants resulting from point sources of storm water/urban runoff. The prop order known as Order 90-42 prescribes the requirements the control of storm water/urban pollutants and establi strict time tables for implementation of a joint i
agency agreement, inventory analysis monitoring and tes
program, illicit connection and illegal dumping detec program, best management practices program and repor
The program is authorized pursuant to the Water Qualit) of 1987. This act requires the U.S. Environme Protection Agency (EPA) to promulgate regulations an establish permits for the discharge of storm water/u
runoff. These permits are known as National Pollu Discharge Elimination System (NPDES) permits and u Federal Regulations were required for storm drai
schedule.
1 I 0 e
., Page 2 of AB ,/L?.~/B
4 systems serving a population in excess of 100,000 peor
Under the requirements of the Federal Clean Water Act EPA delegated its NPDES permitting authority wil California to the Regional Water Quality Control Board
Under the authority of the Porter-Cologne Act (Calif01
Water Code) the Regional Water Quality Control Board Diego Region (RWQCB) decided to extend the pel requirements to all municipalities and agencies under :
drainage systems by their nature cross jurisdictic boundaries and because virtually all receiving waters the county including Carlsbads' three lagoons fail to I minimum established water quality control objectives.
The Buena Vista and Batiquitos lagoon fail in the are;
sediments and nutrients while the Agua Hedionda La!
fails in the area of coliform. Additional testing c
pursuant to the proposed program is likely to j additional pollutant problems within the lagoons.
The permitting program proposed under Order No. 90-42
Control Board to avoid having to immediately comply \ the proposed EPA regulations to be promulgated on July
1990. A provision of the Federal laws allows a five 1 grace period from the EPA provisions provided the 1c permitting authority has previously adopted a local pro: which meets the intent of the Clean Water Act. The Coi of San Diego and City of San Diego have been working
several years with the RWQCE to implement such a progi Several months ago the RWQCB decided to include sma: jurisdictions. The text of the proposed regulations F first made available for staff review on June 12, 1990
The full impact and implementation costs to the City
estimates the cost to be considerable. At a minimum, additional full or part time technical employee will
reports. The monitoring and testing requirements will I up the greatest program costs quite probably exceec
$100,000 per year.
At this point staff believes City Council has the folloi options:
1. Challenge the Order. Acknowledge the benefits of program but argue the merits of being forced int program without full consideration of what the pro! will accomplish or knowing the fiscal impact to City. If the City successfully argued with the RI and was removed from Order No 90-42 it could face potentially stiffer program requirements of the E
jurisdiction. The basis for their decision was I
being rushed into effect by the Regional Water Qua:
meet the proposed requirements are unknown. SI
required to administer the program and prepare the reg:
I I 0 0
# Page 3 of AB /C,/?/K
~ 2. Passively accept the order. Allow the order tc
adopted without argument or support. Take a wait see attitude on what occurs during formation of implementation agreement. This position would put City in the back seat and allow others to dictate
responsibilities and fiscal contribution of the (
to the program.
3. Actively support the program. Recognize that program is consistent with the City goals
protecting the lagoon. Take a leadership role implementing a program to clean up and enhance integrity of the lagoon ecology. Accept the cost: the price we pay for such benefits and work
mechanisms to equitably assess the costs to
public.
Staff recommends Alternative No. 3. This alternal recognizes the need for Carlsbad to actively takc leadership role in protecting its lagoons. The City protected to some extent against fiscal excess as we not alone in this position. The proposed order requ: that we cooperatively enter into an implemental agreement with 19 other agencies all of which will see1 maintain costs at reasonable levels. The proposed 01 was established in such a manner that implementation of
program would not begin until after an agreement is rea( at the beginning of the 1991-92 fiscal year. This al: time for the City to establish a funding mechanism anc properly budget for the program in next years' budget.
FISCAL IMPACT
The fiscal impact of the proposed NPDES permit is not kr at this time. Significant program costs will occur implementation, testing and monitoring, administrat: increased storm facility maintenance and public educat: In addition, the program may require increased costs storm drainage facility construction especially with re! to sedimentation basins.
Program costs will be determined during the coming yea1
the City responsibilities are determined during formal
of the implementation agreement. Staff will return in coming months with a program implementation strategy wl may include a request to fund a consultant to assist I program formation and fee analysis.
Program implementation, testing, maintenance administration costs could be funded through additic fees levied through the Water or Sewer Enterprise fui Capital costs will be funded through the drainage 2
fees, zone facility impact fees, benefit assessr
district fees or by developers as a requirement
development.
1 , a 0
Y Page 4 of AB /&,9/R
. EXHIBITS
1. Fact Sheet for Order No. 90-42 Prepared by Regic
Water Quality Control Board San Diego Region.
Quality Control Board San Diego Region.
2. Proposed Order No. 90-42 prepared by Regional Wr
3. Resolution No. c /O p//$J-s authorizing the Mayoi sign the letter of intent to apply for the Natic
Pollutant Discharge Elimination System Permit pursi
to Regional Water Quality Control Board San D:
Region Order No. 90-42.
I \ e 0
i California Regional Water Quality Control Board San Diego Region
9771 Clairemont Mesa Boulevard, Suite B Ssn Dhga, California 92124-1331
FACT SHEET tor
.
ORDER NO. 90-42 NPDES No. CA 0108758 Waste Discharge Requir8mants
for Stormwater and Urban Runoff from the County of San Diego the Incorporated Cities of San Diego County and the The San Diego Unified Port District
PROJECT
Order No. 90-42, NPDES No. CA0108758, prescribes requirements f the control of pollutants resulting from stonnwater/urban run0 from all incorporated cities, the unincorporated urban areas San Diego County, and lands under the jurisdiction of the San Die
Unified Port District.
"Letters of Intent" to apply for and become a permittee to county-wide stonnwater permit have been received from several the cities within San Diego County. Because not all municipaliti and other land-use jurisdictional agencies have submitted lette of intent to participate in the county-wide pennit, the Region Board finds it necessary to name all such entities using the
discretionary authority. -
The pemitted area is delineated by the boundaries of San Pis
county to the north and south, the Pacific Ocean to the west, a
the boundary between the San Diego and the Colorado River Bas Regional Boards to the east.
CLEAN WATER ACT REOUIREMENTS
The Federal Clean Water Act (CWA) allows the U. S. Environment Protection Agency (EPA) to delegate its NPDES permitting authori to states with an approved environmental regulatory program. T
State of California is one of the delegated states. The Porte Cologne Act (California Water Code) authorizes the State Boar
through its Regional Boards, to regulate and control the dischar of pollutants into waters of the state and tributaries thereto.
Section 405 of the Water Quality Act (WQA) of 1987 added Secti
402(p) to the CWA. Pursuant to Section 402(p) (4) of the CWA, t EPA is required to promulgate regulations for stonnwater penn applications for stormwater discharges associated with municip
I I 0 e
Fact Sheet -2- Order No. 90-42 NPDES No. CA 0008758
separate stom sewer systems sewing a population of ~OCJ,QQQ c
more. Section 402 (p) (4) of the CWA also requires dischargers c stormwater associated with municipal separate storm sewer systen
serving a population of 250,000 or more to file stormwater ped applications by February 4, 1990.
On December 7, 1988, EPA published its proposed regulations in tt
Federal Register to solicit public comments. Final regulations ai tentatively scheduled to be promulgated on July 20, 1990. In tl
absence of final stormwater regulations, a permit yovernir
municipal stormwater discharges should meet both the statuto] requirements of Section 402 (p) (3) (B) and all requiremenl applicable to an NPDES general pennit issued under the issuii
authority's discretionary authority in accordance with Section 4C (a) (1) (B) of the CWA.
AREAWIDE STORMWATER PERMIT
To regulate and control stormwater/urban runoff discharges frc urban areas to runoff conveyance systems and receiving waters, a areawide approach is essential. The management and control of th runoff conveyance system cannot be effectively carried out withou the cooperation and efforts of all entities vithin San Diet
County. The Regional Board has concluded that the best managemer option for the area is to issue an areawide stormwater permi incorporating all land-use regulatory agencies using tk
discretionary authority granted to the Regional Board. Thus, tk
following entities have been named in the stormwater permit:
cities Counties Other Carlsbad San Diego San Diego Unified
Chula Vista Port District Coronado
Del Mar El Cajon Encinitas Escondido
Imperial Beach La Mesa Lemon Grove
National City Oceanside Poway
San Diego San Karcos Santee Solana Beach Vista
e e
Fact Sheet -3-
NPDES No. CA 0008758
Order No. 90-42
S CON-ED IN w PEW
Order No. 90-42 requires the entities named above to:
1. Enter into an agreement regarding the roles ar
responsibilities of all co-permittees with regard to ai
2. Perform and submit annual fiscal analyses demonstratir availability of funds to carry out the stormwater managemer
programs.
3. Inventory existing stormwater pollution control program illicit discharge detection programs, monitoring programs ar data, stomwater conveyance system maps, land use maps, ar existing laws, ordinances, and codes giving the discharge] the authority to implement and enforce stormwater pollutic control programs in their areas of jurisdiction and whei
necessary, promulgate the authority to carry out all functior of the stormwater management programs.
4. Submit reports on the adequacy of the existing data afte taking into consideration any requirements of NPDES stormwate
regulations promulgated by the Environmental Protection Agenc or as specified by the Executive Officer of the Region2 Board.
5. Develop and implement stormwater and receiving watc
monitoring programs to evaluate discharges of pollutants frc stormwater conveyance systems to waters of the United Stater
Develop and implement an illicit connection/illegal discharc detection program to identify and eliminate non-stormwate
discharges to stormwater conveyance systems.
7. Prohibit illicit/illegal discharges from entering int
stomwater conveyance systems unless the discharge j permitted by the Regional Board.
8. Develop and implement best management practices (BHPs) t control discharges of pollutants to the maximum exter
requirements contained in the permit.
6.
practicable to waters of the United States.
9. Effectively eliminate all identified illegal/illicj discharges by July 16, 1995 and eliminate those identifie
thereafter in the shortest time possible.
Conduct an annual analysis of the effectiveness of the overal stormwater pollution control management program in their are2
of jurisdiction. If the water quality objectives of tl
10.
e 0
w B
Fact Sheet -4- Order No. 90-42 NPDES No. CA 0008758
receiving waters are violated as a result of stomwater/urba
runoff discharges, the dischargers shall identify propose programs which will result in the attainment of the wata
quality objectives, and a time schedule to implement the ne programs. Such analyses shall include a discussion c compliance with any NPDES stormwater regulations promulgats
by the Environmental Protection Agency, or as specified by tk Executive Officer, and actions necessary to come int
compliance with such regulations and oths regulations/policies applicable to the discharge.
ANTIDEGRADATION ANALYSIS
The Regional Board has considered whether a complel antidegradation analysis, pursuant to 40 CFR 131.12 and State Boai
Resolution No. 68-16, is required for the stormwater discharge: The pollutant loading rates to the receiving waters will be reducc with the implementation of the requirements in this order. As result, the quality of the starmvat@r discharges and receivii waters will be improved, thereby protecting the beneficial uses ( waters of the United States. The stormwater discharges ai consistent with the federal and state antidegradation requiremen1
and a complete antidegradation analysis is not necessary.
WORXSHOP
The San Diego Regional Water Quality Control Board held a workshc
regarding Order No. 90-42 on June 4, 1990. The purpose of tl workshop was to solicit comments and distribute informatioi
Controversial input from the public was not encountered.
PUBLIC HEARING
The San Diego Regional Water Quality Control Board will considc the adoption of tentative Order No. 90-42 at its July 16, 19!
Regional Board meeting which will be held at the Endnitas Cil
Council Chamber, 535 Encinitas Boulevard, Suite 100, Encinitai
California at 9:00 a.m. The meeting is open to the public.
Further information regarding the conduct and nature of the publ.
hearing and these waste discharge requirements may be obtained 1 calling Mr. Chris Sandal1 at (619) 265-5114 between 8:OO a.m. ai
4:OO p.m. or writing the San Diego Regional Water Quality Contrc
Board office, located at the address listed below.
WRITTEN COMMENTS
Interested persons are invited to submit written comments on tl proposed waste discharge requirements. To ensure an adequa'
review period, written comments should be submitted by July
0 e
-5- Fact Sheet
Order No. 90-42
NPOES No. CA 0008758
1990, either in person or by mail to:
L
Mr. Arthur L. Coe, Acting Executive Officer
California Regional Water Quality Control Board
San Diego Region
9771 Clairemont Mesa Blvd., Ste. B
San Diego, California 92124-1331
l I /%{ 1 :A L 4 !t E
1 California Regional Water Quality Control Board
San Diego Region
*
ORDER NO. 90-42
NPDES NO. CA 0108758 Waste Discharge Requirements
for Stormwater and Urban Runoff from the
the Incorporated Cities of San Diego County
and the San Diego Unified Port District
The California Regional Water Quality Control Board, San Diet
Region (hereinafter Regional Board), finds that:
1. Section 405 of the Water Quality Act (WQA) of 1987 adde Section 402(p) to the Clean Water Act (CWA) . Pursuar
to Section 402(p) (4) of the CWA, the EPA is required t promulgate regulations for NPDES permit applications fc stormwater discharges.
2. On December 7, 1988, the EPA published its propose regulations in the Federal Register to solicit publi
to be promulgated on July 20, 1990.
County of San Diego
comments, Final regulations are tentatively schedule
3. CWA Sections 402(p) (2) (C) and 402(p) (2) (D) provide fo
issuance of NPDES pennits for discharges from municipa separate storm sewer (stormwater conveyance) system serving a population of 100,000 or more. Sectio
402(p) (2) (E) of the CWA provides for issuance of NPDE permits for stormwater discharges determined t contribute to a violation of a water quality standard o determined to be a significant contributor of pollutant
to waters of the United States.
4. It is in the interest of the people of the State for
permit regulating stormwater and urban runoff discharge from San Diego County to be adopted before the federa
regulations take effect in order to: 1) provid additional flexibility in regulating stormwater and urba
runoff discharges in a cost effective manner, and
3) initiate efforts to reduce stormwater and urban runof pollutant discharges at an early date. In the absence o final federal regulations, this Order meets both thc statutory requirements of Section 402 (p)(3)(B) and a1
requirements applicable to an NPDES permit issued unde this Regional Board's discretionary authority.
runoff discharges, 2) regulate stormwater and urbai
e 0
Order No. 90-42 -Page 2 of 32-
5. On the dates listed below, the following entitie
submitted a letter in application (nletter of intentn for an area-wide National Pollutant Discharge Eliminatio System (NPDES) permit for stormwater and urban runof discharges to receiving waters within San Diego County
List of Entities ADDlYinq for an NPDES Permit
Entity pate Received City of Escondido 5/31/90 City of San Diego (Tentative Resolution) 5/31/90
[Note: Entities submitting letters
of intent will be listed above]
6. Table 1 (attached) identifies California Department c
Finance population figures for San Diego County. TF
populations in excess of 100,000. Since the City c Escondido's 1989 population was 99,007, its populatic is or will soon be greater than 100,000. The 19€ population of the unincorporated area of San Die5
County was 391,688.
7. Stormwater and urban runoff from the County of Sz
Diego, and all cities in San Diego County, and the arc under the jurisdiction of the San Diego Unified Poi District (SDUPD) contribute to a violation of a watc
quality standard and/or are significant contributors c pollutants to waters of the United States. Table summarizes water quality standard violations to whic stormwater and urban runoff discharges from variot
entities in San Diego County contribute. Consequent11 the County of San Diego, all the incorporated cities j San Diego County, and SDUPD are named as permittees j
8. Water quality studies in many urban areas have shot that urban runoff typically contains signif icar
quantities of pollutants. Water quality in receivix waters is adversely impacted by stormwater and urbz runoff discharges. A comprehensive stormwater and urbe runoff management and regulation program is essentiz for the protection of the water resources of the regioi
In order to establish an effective county-wic stormwater and urban runoff pollution control managemel
program, it is necessary to name all incorporated citic in San Diego County, the SDUPD, and the County of S: Diego as permittees in this Order. This Order requirt the pennittees to submit documentation on existii
cities of San Diego, Chula Vista and Oceanside had 19E
this permit.
0 e
Order No. 90-42 -Page 3 of 32-
stormwater and urban runoff pollution control proqra and specifies additional requirements directed towa achieving the water quality objectives for surfa
waters in San Diego County. The intent of this permit to improve water quality in the region.
The discharges consist of surface runoff generated fr various land uses and activities in hydrologic drainac
areas which discharge into receivinq waters in San Pie(
County. The quality and quantity of these discharges m vary considerably and is affected by land use, bas
hydrology and geology, season, the frequency a
duration of storm events, the presence of illic connections and discharges, and waste management a disposal practices. The parameters and pollutants potential concern and significance in these discharg
may include, but are not limited to pH, fecal colifor
fecal streptococcus, enterococcus, volatile organ carbon (VOC), surfactants (MBAS), oil and greas petroleum hydrocarbons, total suspended and settleab. solids, total organic carbon, biochemical oxygen demai (BOD), chemical oxygen demand (COD), lead, coppei chromium, cadmium, silver, nickel, zinc, cyanide!
phenols, nutrients (e.g., nitrogen, nitrate, phosphatl etc.) , and biocides.
10. The permittees may obtain their authority to contrc pollutants in stonnwater discharges, prohibit illeg;
discharges and control spills, and require compliant with stormwater management programs and carry 01 inspections of the drainage facilities in their areas (
jurisdiction from various forms of legal authority, SU( as charters, State Code provisions for General L2 cities, city ordinances and applicable portions c
Municipal Codes and the State Water Code. Where a individual permittee does not already have the legz
authority to do so, this Order requires the permittee t establish the legal authority to control pollutants j stormwater discharges to receiving waters of the Unite
States
11. The permittees have not reached an agreement regardir their roles and responsibilities in implementing tt provisions of this Order. This Order requires that tF permittees reach an agreement regarding the roles ar
responsibilities of each party. This Order also require
that a #*principal permittee (s) Ig and mco-permitteesN b named. For purposes of this Order, a "principa
9.
permittee" is also a "co-permitteen.
12. The I'principal permittee (5) (D will coordinate the effort
of all entities in implementing the provisions of thi
0 0
Order No. 90-42 -Page 4 of 32-
Order. In general, the "principal permittee" will 1 responsible for coordinating and collating data ar
submitting reports to the Regional Board in addition t their site-specific responsibilities. "Co-permittees will develop site-specific responsibilities, perfol
compliance monitoring and inspections, submit stormwata conveyance system maps and compliance reports to ti principal permittee(s), and demonstrate and exerci:
enfarcement authority fer achieving compliance with ti terms and conditions of this Order in their area (
jurisdiction.
13. This Order requires the permittees to develop ai implement programs to ensure that entities dischargii
stormwater/urban runoff into stormwater conveyan' systems take steps to prevent/control/reduce dischargc
of pollutants to waters of the United States. TI Regional Board has the discretion and authority 1 require non-cooperating entities to participate in th. county-wide pennit or obtain individual waste discharc
requirements if it is determined that discharges frc such entities cause or contribute to violations of watc quality standards or are significant contributors t
pollutants to waters of the United States.
1.4. Stormwater and urban runoff discharges in San Diec
County are tributary to various receiving water: including creeks, rivers, reservoirs, lakes, lagoon: estuaries, harbors, bays, and the Pacific Ocean. TI receiving waters under the jurisdiction of this Regioni
Board are identified in the ComDreh ensive Water Qu alil sin (91, (Basin Plan: Control Plan ReD Ort, s an Dieao Ba
15. Due to time constraints, the permittees submitti1 letter applications for this Order have not y~ submitted information on existing stormwater/urbz runoff monitoring and pollution control programs. Th:
Order requires information on existing programs to € submitted to the Executive Officer. This Order ala
requires the permittees to submit proposed monitorir programs to evaluate stormwater and urban run01 discharges and detect illicit connections and discharga to stormwater conveyance systems within their area c jurisdiction, and establish best management practices t control pollution as a result of stormvater and urbz
runoff discharges. In the case of the County of Si Diego, areas subject to the terms and conditions of th~
Order are those unincorporated areas within the Counl of San Diego's Urban Limit Line. The remaining are: subject to the terms and conditions of this Order ai within the boundary lines of the incorporated citier
and the lands under the jurisdiction of the SDUPD.
0 W
Order No. 90-42 -Page 5 of 32-
16. The State Water Resources control Board (hereinafte
State Board) adopted a mer Quuitv Control poljcv fQ Enclosed Bays and Estu aries of Calif ornb (Bays an Estuaries Policy) on May 16, 1974. The polic established water quality principles, guidelines effluent quality requirements and prohibitions to gover the disposal of wastes in the enclosed bays ar
estuaries of California. The Bays and Estuaries Polic applies to the following receiving waters:
a. Tiajuana River Estuary
b. San Diego Bay c. Mission Bay
d. Los Penasquitos Lagoon e. San Diepito Lagoon
f. San Elijo Lagoon
h. Aqua Hedionda Lagoon
j. Oceanside Harbor/Del Mar Boat Basin k. Santa Margarita Lagoon
g. Batiquitos Lagoon
i. SiGTTista ~acroo g
17. The Bays and Estuaries Policy contains the followir prohibition specific to land runoff:
"The direct or indirect discharge of silt, sand, soil, clay, or other earthen materials from onshore operations including mining,
construction, agriculture, and lumbering, in quantities which unreasonably affect or threaten to affect beneficial uses shall be
prohibited."
18. The State Water Resources Control Board adopted
revised Water Oualitv C antral P1 an fer Ocean Waters c californ ia (Ocean Plan) on March 22, 1990. The Ocez Plan identifies the following beneficial uses of stal ocean waters to be protected:
a. Industrial water supply;
b. Navigation; c. Aesthetic enjoyment ;
d. Water contact recreation; e. Non-contact water recreation;
f. Ocean commercial and sport fishing; g. Mariculture; h. Preservation and enhancement of areas of speck
biological significance; i. Preservation and enhancement of rare and endangerc
species ; j. Marine habitat;
0 a
Order No. 90-42 -Page 6 of 32-
k. Fish migration;
1. Fish spawning; and m. Shellfish harvesting.
In order to protect the above beneficial uses, the Ocea
Plan established water quality objectives (fc bacteriological, physical, chemical, and biologica
characteristics, and for radioactivity) , genera requirements for management of waste discharged to tP
ocean, quality requirements for waste discharges discharge prohibitions, and general provisions.
19. The COHiDrehenSlVe Water Quality Control P1 an ReDOrt, Sz Pieao Ba sin (91, (Basin Plan) was adopted by thj Regional Board on March 17, 1975 and subsequent1
approved by the State Water Resources Control Boai (State Board). Subsequent revisions to the Basin P1z have also been adopted by the Regional Board ax
approved by the State Board.
20. The Basin Plan identifies the following beneficial us6
of state ocean waters to be protected:
a. Industrial service supply;
b. Navigation; c. Water contact recreation:
d. Noncontact water recreation; e. Ocean commercial and sport fishing; f, Preservation of Areas of Special Biologici
Significance;
g. Preservation of rare and endangered species; h. Marine habitat;
i. Fish migration; and j. Shellfish harvesting.
The Basin Plan relies primarily on requirements of tl Ocean Plan for protection of those beneficial uses
However, the Basin Plan establishes additional watc quality objectives for dissolved oxygen and pH.
21. Although the Basin Plan relies primarily on the Ocei Plan for the protection of marine waters, the Basin Pli
contains the following prohibitions, applicable 1 discharges, for waters subject to tidal action:
" The dumping or deposition from shore or
other solid municipal, industrial or agricultural waste directly into waters subject to tidal action or adjacent to waters subject to tidal action in any
manner which may permit it to be washed
from vessels of oil, garbage, trash or
5
0 e
Order No. 90-42 -Page 7 of 32-
into the waters subject to tidal action
is prohibited. n
n Discharge of industrial wastewaters exclusive of cooling water, clear brine
or other waters which are essentially
chemically unchanged, into waters subject to tidal action is prohibited."
I( The dumping or deposition of chemical
wastes, chemical agents or explosives into waters subject to tidal action is prohibited."
22. The Basin Plan identifies the following beneficial USE of inland surface waters in San Diego County:
a. Municipal and domestic supply; b. Agricultural supply; c. Industrial service supply;
d. Industrial process supply; e. Hydropower generation;
f. Water contact recreation; y. Non-contact water recreation;
h. Warm fresh-water habitat; i. Cold fresh-water habitat; j. Preservation of rare and endangered species; and
k. Wildlife habitat.
The basin plan also identifies groundwater recharge a
a potential beneficial use for several surface water within the region. Site-specific listings of beneficia
uses are listed in the Basin Plan.
23. The Basin Plan contains t!he following prohibitions applicable to discharges, for inland surface waters:
"Discharge of treated or untreated sewage c industrial wastes to a natural watercourse upstrea of surface storage or diversion facilities used fc
municipal supply is prohibited.n
"Discharge of treated or untreated sewage c
industrial wastewater, exclusive of cooling wate or other waters which are chemically unchanged, t
a watercourse, is prohibited except in cases wher the quality of said discharge complies with th
receiving body's water quality objectives."
"The dumping or deposition of oil, garbage, trash
or other solid municipal, industrial, a agricultural waste directly into inland waters c
0 0
Order No. 90-42 -Page 8 of 32-
watercourses or adjacent to the water courses 1 any manner which may penit ita being washed int the watercourse is prohibited."
"Land grading and similar operations causing soi
disturbance which do not contain provisions t minimize soil erosion and limit suspended matter j area runoff are prohibited."
24. The requirements contained in this Order are necessai to implement the objectives of the Ocean Plan, Bays ax Estuaries Policy, and the Basin Plan for receivir
waters within the region.
25. Numerical and narrative water quality standards exi: for the receiving waters in the region. Due to tl enormous variability in stormwater quality and quanti1
contain numerical limitations for any constituents. TI impact of stormwater and urban runoff discharges ( water quality of receiving waters has not been ful: determined. Extensive water quality monitoring ai analysis of the data are essential to make thi
determination, This Order requires the permittees 1 monitor the discharges and to analyze the data. Th: Order also requires the development and implementatit
of best manageme- . nBMPst8 are definc in 40 CFR 122.2 as "schedules of activitie! prohibitions of practices, maintenance procedures, ai
other management practices to prevent or reduce ti pollution of waters of the United States. BMPs all include treatment requirements, operating procedure2
and practices to control plant site runoff, spillage ( leaks, sludge or waste disposal, or drainage from ri
material starage." Fer purposes af this Order, WPs fc the control of pollutants in stormwater and urban mol may include the use of non-structural (e.g. pal:
education, regulatory powers, urban planning, etc.) ai structural (e,g. detention basins, grass swales, runo: infiltration devices, etc.) controls which may I applied to a particular site or throughout a regic
(e.g., a city or throughout an area served by stormwater conveyance system).
26. htrsuant to 40 CFR 131.12 and State Board Resolution Nc
68-16, Statement of Pol icv with ReSDeCt to Maintainii
Hiah 0 ualitv of Waters in C aliforn ' ia (collective. "antidegradation policiesm), the Regional Board sha.
ensure that any increase in pollutant loading to receiving water meets the requirements stated in tl foregoing policies. At a minimum, permitting actio]
and the complexity of urban runoff, this Order does nc
shall be consistent with the following:
0 0
Order No. 90-42 -Page 9 of 32-
a* Existing instream water uses and the level of Watc quality necessary to protect existing benef ici, uses shall be maintained and protected:
b. Where the quality of the waters exceed leve necessary to support propagation of f is] shellfish, and wildlife and recreation in and
the water, the quality shall be maintained a protected unless the State finds, after fu
satisfaction of the intergovernmental coordinati and public participation provisions of the State continuing planning process, that allowing low water quality is necessary to accommodate importa economic or social development in the area in whi
the waters are located:
Where high quality waters constitute an outstandi
national resource, such as waters of National a State parks and wildlife refuges and waters eco 1 og icl exceptional recreational or significance, that water quality shall maintained and protected; and
d. In those cases where potential water quali impairment associated with a thermal discharge
involved, the antidegradation policy a implementing method shall be consistent vi section 316 of the Clean Water Act.
c.
27. The Regional Board, in establishing the requiremen contained herein, has taken into consideration t. requirements of the State and Federal "antidegradatio
policies and has determined that:
a. The conditions and requirements established in th order for discharges of stormwater/urban runoff * waters of the United States ensure that tl existing beneficial uses and quality of receivii
Bay waters will be protected and improved throui the implementation of best management practices fc the control of pollutants in stormwater and urb(
runoff :
Discharges of urban runoff to waters of the Unit(
States will continue regardless of the issuance ' this Order. The issuance of this Order is necessa
to ensure achievement and maintenance of the goa and objectives of the water quality control pla: adopted by the State;
b.
0 e
Order No. 90-42 -Page 10 of 32-
c. No receiving waters covered under the terms ar conditions of this Order have been designated a outstanding national resource water. However, th
Sari Diega-La Jalla Bcalegical Reserve and the Sa
Diego Marine Life Refuge, located in coastal water near La Jolla, a community of the City of Sa Diego, have been designated Areas of Specia Biological Significance (ASBS) by the State Wata Resources Control Board. The City of San Diego i subject to the terms and conditions of this Order Implementation of BMPs for the control c
will further protect and improve water quality :
these ASBS; and
d. Thermal discharges potentially impairing 'ifat( quality are not authorized under the terms a1 conditions of this Order, thus, Section 316 of tf
Clean Water Act is not applicable.
pollutants in stormwater from the La Jolla arc
28, Pursuant to Section 402 of the CWA, and amendmnl thereto, this Order shall serve as an NPDES permit fc
the discharge of stormwater and urban runoff to surfac
waters of San Diego County.
29. The Regional Board, in establishing the requireinen1 contained herein, considered factors including, but nc limited to, the following:
a. Beneficial uses to be protected and the wate quality objectives reasonably required for thz
purpose ;
b. Other waste discharges;
c. The need to prevent nuisance;
d. Past, present, and probable future beneficial use
e. Environmental characteristics of the waters iinde
of the waters under consideration;
consideration;
f. Water quality conditions that could reasonably 1 achieved through the coordinated control of a1 factors which affect water quality in the area;
g. Economic considerations; and
h. The need for developing housing within the reqior
e e
Order No. 90-42 -Page 11 of 32-
30. The issuance of this permit for the discharge I
stormwater and urban runoff is exempt from t! requirement for preparation of environmental documen
under the California Environmental Quality Act (Pub1 Resources Code, Division 13, Chapter 3, Section 21000 l m.) in accordance with the California Water Codl Section 13389.
31. The Regional Board has considered all water resour
related environmental factors associated with t discharge of stormwater runoff and urban runoff.
32# The Regional Board has notified all known interest1
parties of its intent to issue an NPDES permit for t
discharge of stormwater and urban runoff
considered all comments pertaining to the discharge stormwater and urban runoff.
33. The Regional Board has, at a public meeting, heard a
IT IS HEREBY ORDERED that the permittees, in order to meet t provisions contained in Division 7 of the California Water Co
and regulations adopted thereunder, and the provisions of t Clean Water Act as amended and regulations and guidelines adopt
thereunder, shall comply with the following:
I. GENERAL REQ UIREMENTS
A. The following entities @-ermittees) are Subject to ti terms and conditions of this Order and shall cooperal in the development and implementation af a comprehensil county-wide stormwater/urban runoff management prograi
Cities Countv Carlsbad San Diego
Chula Vista Port District Coronado Del Mar El Cajon Encinitas
Escondido Imperial Beach La Mesa Lemon Grove National City
Oceanside Poway
San Diego
San Marcas
Santee Solana Beach Vista
Other San Diego Unified
* e
Order No. 90-42 -Page 12 of 32-
B. The permittees shall prohibit illicit/illegal discharge from entering into stormwater conveyance syatemj Diacharge8 conditionally allowed to enter 8tormwatc conveyance systems are specified in Item No. VII below,
C. As specified in Item VI., the permittees shall develo approve, sign, and submit a legally bindi "Implementation Agreement" to the Regional Board. A
revisions to the Implementation Agreement shall forwarded to the Executive Officer within 30 days
approval by all the permittees. The Implementati Agreement shall:
1. Designate Itprincipal permitee (s) n and #IC
permitteestt where the principal permitee( will assume, at a minimum, the overall role
coordinating the stormwater management progr for the agreed upon hydrographic areas. T principal permittee(s) will also coordina
and collate data and reports for submittal
2. Designate the roles and responsibilities
the Regional Board.
the permittees regarding the requiremen herein.
3. Designate the fiscal responsibilities of t
permittees.
D. As specified in Item No. IX., the permittees sha
develop and implement best management practices (BMPs including management practices, control techniques, a system design and engineering methods, and such 0th
provisions as the Executive OPfficer determin appropriate for the control of pollutants,
control/reduce the discharge of pollutants to waters the United States to the maximum extent practicable. T
Bwps sa developed, along with a time schedule f implementation, shall be submitted for the approv and/or modification by the Executive Officer of t Regional Board. In developing the best manageme practices, the permittees shall consider the wat
quality objectives of all the receiving waters.
E. As specified in Item No. VII., the permittees sha develop and implement stormwater, urban runoff, a
receiving water monitoring programs to evalua discharges of pollutants from stormwater conveyan systems to waters of the United States. The monitori
programs developed shall be collated by the princip permitee(s) and submitted for the approval of t
0 e
Order No. 90-42 -Page 13 of 32-
Executive Officer of the Regional Board.
The permittees shall en~ure that BMPs are implemented 1 entities discharqing stormwater and urban Nnoff 4
stormwater conveyance systems within the area t
jurisdiction of the permittees.
F.
11. RESPONSIBILITIES OF PRINCIPAL PEFVWM'EE ($1
A. The principal permittee(s), as a minimum, shall 1 responsible for the overall program management (
coordination, including the following:
1. Coordinate all the activities of all permittec
with the Regianal Board.
2. solicit and respond to public input' for ai proposed management and implementation plans.
3. Prepare (or collate) and submit' to the Region; Board all reports, plans, and programs as requirc
by this Order.
Abide by the terms of the Implementation Agreement 4.
111. RESPONSIBILITIES OF CO-PERMITTEES
A. The co-permittees shall be responsible for
management of stomwater and urban runoff managemer programs within their j risdictions, including but nc limited to the followin 2 :
1. Conduct stormwater conveyance system inspections.
2. Plan and conduct suweys and characterization
Solicitation of, and response to, public input i
demonstrated by: (1) disseminating the notice of availability o plans for review and comment to the public at large, environmenta
groups, federal, state and local agencies and other intereste parties: and, (2) addressing concerns expressed by the public.
Co-permittees may individually submit reports due Januar
31, 1991 if a principal permittee(s) has not been designated as o
that date. After January 31, 1991, all co-permitteess report covering the same task(s) shall be collated and submitted to th Regional Board at the same time.
1
2
A pernittee may enter into agreements to have othe 3
parties perform any of these requirements/tasks, However
responsibility for compliance with the terms and conditions of thi Order lies with the permittee.
a e
Order No. 90-42 -Page 14 of 32-
needed to identify the pollutant sources ar
drainage areas.
3 Prepare management programs , monitoring programs and implementation plans.
4. Implement management programs, monitoring program2 and other plans as required by this Order.
5. Submit stormwater conveyance system maps wit
6. Prepare and submit all reports to the principi
permittee(s) in a timely manner.
7. Enact legislation and ordinances as necessary I ensure compliance with the stormwater managemel
programs and the implementation plans.
8. Pursue enforcement actions as necessary to ensu: compliance with the stormwater management prograi
and the implementation plans.
9. Ensure adequate response to emergency situatioi such as accidental spills, leaks, illic. discharges, etc.
10. Abide by the terms of the Implementation Agreemenf
periodic revisions as necessary,
IV. FISCAJt AN ALYSIS
A. By January 31 of each year, a fiscal analysis of tl capital and operation and maintenance expenditurc
necessary to accomplish the activities of the proposc plans and programs shall be performed by each permittc and the results submitted to the principal permittee(:
in sufficient time to submit a collated report to tl Regional Board.
V. INVENTORY AND DESC RIPTION OF STOMWATER PR OGRAMS/D AT?
A. The permittees shall inventory existing stormwater ai urban runoff poilution control programs, illic. discharge detection programs, monitoring programs ai
data, stormwater conveyance system maps, land use map: and existing laws, ordinances, and codes giving tl
permittees the authority to implement and enforc stormwater pollution control programs in their areas c jurisdiction. The permittees shall submit reports on tl existing programs and data/maps to the principi permittee(s) in sufficient time to submit a collatc
report(s) to the Reqional Board as follows;
TASK Porn Dl!$
Inventory and Program/Data
Description Progress Report: 1/31/91
Inventory and Program/Data
Description Final Report: 7/31/91
e a
Order No. 90-42 -Page 15 of 32-
B- After inventorying and compiling data regarding existii
on the adequacy of the existing data after taking in'
consideration any requirements of NPDES stomwatl
regulations promulgated by the Environmental Protectil Agency or as specified by the Executive Officer of t
Regional Board. Where existing information insufficient to comply with NPDES requirements,
requirements specified by the Executive Officer, t permittees shall take actions to correct any def icienci by compiling additional information as necessary. Repor
regarding the information shall be submitted to t principal pennittee(s) in sufficient time to submit
collated report(s) to the Regional Board as follows:
Program* and data, the permittee8 shall submit raper?
TASK €lw.mLM
Inventory and Program/Data
Inventory and Program/Data
Carrective Action Progress Report: 1/31/92
Corrective Action Final Report: 7/31/92
VI. IMPLEMENTATION AGREEMENT
As specified in General Requirement I. C., the permitte shall collectively develop and submit an implementati agreement (s) between all entities subject to the ter and conditions of this Order. The Implementati
Agreement shall specify the roles and responsibiliti of all permittees. Reports shall be submitted by t
principal permittee (s) as follows:
TASK 3Kmwa
Implementation Agreement Proqress Report lf3apl
Submittal of Implementation Agreement 7/31/91
VII. STORMW ATER/RE CEIVING WATER Pl ONITORING PR OGW
The permittees shall develop and implement (aftc approval of the plan by the Executive Officer) stormwater and receiving water monitoring prograi Proposedmonitoring programs and time schedules forthe
implementation shall be subject to the approval of tl Executive Officer. Proposed monitoring programs, til schedules, and implementation reports shall be submitti
to the principal pennittee(s) in sufficient time *
submit a collated report(s) to the Regional Board l
0 0
Order No. 90-42 -Paqe 16 of 32-
follows :
TASK
Progress Report on the Development of
Proposed Monitoring Programs 1/31/91
Submittal of Proposed Monitoring Programs and Implementation Time Schedules
Progress Report on the Implementation of the Monitoring Programs
Compliance Report on the Implementation
of the Monitoring Programs 7/31/92
Permittees shall continue to submit monitoring progr reports on a semi-annual basis to the princip
permittee(s) in sufficient time to submit a collat report (s) to the Regional Board each January 31 and Ju
31, unless specified otherwise by the Executive Office
7/31/91
1/31/92
VIII.JLLIC1T C ONNECTI ON/ILLE GAL DUMPIN G DETECTION PROGRAEI
A. The permittees shall develop and implement (aft
approval by the Executive Officer) an illic connection/illegal discharge detection program identify and eliminate non-stormwater discharges
stormwater conveyance systems. Where necessary, code ordinances, or other laws shall be enacted to ensu implementation of the program. Proposed illic connection/illegal discharge detection and eliminati
programs and other reports shall be shall be subject the approval fo the Executive Officer. Reports shall
submitted to the principal pennittee(s) in sufficie time to submit a collated report(s) to the Regional Boa
as follows:
TASK 3EzQEUB
Progress Report on the Development of a Proposed Illegal/Illicit Discharge
Submittal of the Proposed Illegal/ Illicit Discharge Detection/Elimination
Progress Report on the Implementation
Detection/Elimination Program 7/31/91
Program and Implementation Time Schedule 1/31/92
of the Illegal/Illicit Discharge
Detection/Elimination Program 7/31/92
e e
Order No. 90-42 -Page 17 of 32-
TASK =iSEuU
Compliance Report on the Implementation of the Illegal/Illicit Discharge
The permittees shall effectively eliminate all identifie illegal/illicit discharges in the shortest tim paracticable, and in no case later July 16, 1995. Thos identified after July 16, 1995 shall be eliminated in th
not be considered illegal/illicit discharges provided th
discharges do not cause or contribute to violations c water quality standards and are not significar
contributors of pollutants to waters of the Unite States: discharges composed entirely of stormwatez
discharges covered under an NPDES permit, discharges t starm water mweyance systems from potable water lir flushing, fire fighung, landscape irrigation, diverte stream flows, rising groundwaters (not including actiu dewatering systems), groundwater infiltration as define at 40 CFR 35.2005(20), discharges from potable wate sources, passive foundation drains (not including actik groundwater dewatering), air conditioning condensatior
irrigation water, water from crawl space pumps, passik footing drains (not including active groundwate
dewatering systems) , lawn watering, ind iv i dua residential vehicle washing, flows from riparian habitat and wetlands, dechlorinated swimming pa01 discharges street wash wacrrs related to cieanlng and maintenanc by permittees, or waters not otherwise containing waste
as defined in California Water Code Section 13050(d). 1 it is determined that any of the preceding discharge cause or contribute to violations of water qualit standards or are significant contributors of pollutant to waters of the United States, the permittees shall f
prohibited from entering stormwater conveyance systems
Permittees shall continue to submit illegal/illicj
discharge detection and elimination program reports c a semi-annual basis to the principal pennittee(s) j sufficient time to submit a collated report(s) to tl Regional Board each January 31 and July 31, unlec
specified otherwise by the Executive Officer.
IX. BEST MANAGEMENT PRACTICES (BMPs) PR OGM FOR STORMWATI
Detection/Elimination Program 1/31/93
B.
shortest time practicable. The following discharges shal
ON CONTR Ot
The permittees shall develop and implement BMPs 1 reduce/control/eliminate pollutants in discharges to ai from stormwater conveyance systems in their areas ( jurisdiction to the maximum extent practicable. The BMl
e a
Order No. 90-42 -Page 18 of 32-
shall address non-structural and structural technique for the Control of pollutants in urban runoff an(
stormwater di8charge8. Where necessary, codes ordinances, or other laws shall be enacted to ensur implementation of the program. Proposed programs and tim
schedules for their implementation shall be subject t
the approval af the Executive Offher. Reparts shall b submitted to the principal permittee (s) in suf f icien time to submit a collated report(s) to the Regional Boar
as follows:
TASK l.!aaaM
a Proposed Best Management Practices Program 7m
Practices Program VV
of the Best Management Practices Program VV
Compliance Report on the Implementation
of the Best Management Practices Program w
Progress Report on the Development of
Submittal of a Proposed Best Management
Progress Report on the Implementation
Permittees shall continue to submit BMP implementatic
program reports on a semi-annual basis to the principz permittee(s) in sufficient time to submit a collate report(s) to the Regional Board each January 31 and Jul
31, unless specified otherwise by the Executive Office1
X. PROGW ANALYSIS
The permittees shall conduct an analysis of tk effectiveness of the overall stonnwater pollution contrc management program in their areas of jurisdiction. 1
the water quality objectives of the receiving waters ai violated as a result of stormwater/urban run01
discharges, the permittees shall identify propose programs which will result in the attainment of the watt
new programs. Such analyses shall include a discussic of compliance with any NPDES stormwater regulatioi promulgated by the Environmental Protection Agency, c as specified by the Executive Officer, and actio1
necessary to come into compliance with such regulatioi and other regulations/policies applicable to tl discharge. Reports shall be submitted to the princip<
permittee(s) in sufficient time to submit a collatc report(s) to the Regional Board by January 31, 1993 ai each January 31 thereafter.
quality objectives, and a time schedule to implement tl
e e
Order No. 90-42 -Page 19 of 32-
XI. REPORTING AND SCHFDUTZ
A. A summary of tasks to be completed and reports submittec is as follows: - -
IV. FISCAL ANALYSIS 1/31 of each year
V. A. INVENTORY AND DESCRIPTION
OF EXISTING STORMWATER SYSTEMS/PROGWMS 1/31/91, 7/31/9
V. B. INVENTORY AND DATA COMPLIANCE
WITH NPDES REGULATIONS OR EXECUTIVE OFFICER SPECIFICATIONS 7/ 3 1/9 1, 1/ 3 1/ 9
VI. IMPLEMENTATION AGREEMENT I/ 3 119 1, 71 3 119
VII. STORMWATER/RECEIVING WATER MONITORING PROGRAM
Progress Report on Development of Program 1/31/9
Progress Report on Implementation 1/31/9 Compliance Report on Implementation 7/31/92
Submit Proposed Program 7/31/9
*and semi-annual reports thereafter
VI11 . ILLICIT CONNECTION/ILLEGAL DISCHARGE DETECTION PROGRAM
Progress Report on Development of Program 7/31/9 Submit Proposed Program 1/31/9 Progress Report on Implementation 7/31/9 Compliance Report on Implementation 1/31/93
+and semi-annual reports thereafter
IX. BEST MANAGEMENT PRACTICES PROGRAM FOR STORMWATER POLIUTION CONTROL
Progress Report on Development of Program 7/31/9 Submit Proposed Program 1/31/9 Progress Report on Implementation 7/31/9; Compliance Report on Implementation 1/ 3 1/9 3 1
*and semi-annual reports thereafter
X. PROGRAM ANALYSIS 1/31/9:
thereapte!
ardarp13alll
e 0
Order No. 90-42 -Page 20 of 32-
B9 All reports and information required herein shall 1 submitted to the Executive Officer of the Regional Boa. and the Regional Director of the Environmental Protectic
Agency, Region IX, at the following addresses:
Executive Officer California Regional Water Quality Control Board San Diego Region
9771 Clairemont Mesa Blvd., Ste, B
San Diego, California 92124-1331
Environmental Protection Agency
Region IX Permits and Compliance Branch
1235 Mission Street (Mail Code W-5)
San Francisco, California 94103
ooo~~oooo~ooooo~-~~
XII. ANALYTICAL M€THODS/RECORD =E PING
A. Samples and measurements taken as required herein sha be representative of the volume and nature of t monitored discharge. Once established, monitoring poir
shall not be changed without notification to and t approval of the Executive Officer.
B. Monitoring must be conducted according to United Stat
Environmental Protection Agency test procedures approt under Title 40, Code of Federal Regulations (CFR), P2
136, "Guidelines Establishing Test Procedures f
amended, unless other test procedures have been specif j by this Order or the Executive Officer.
All analyses shall be performed in a laboratory certifj to perform such analyses by the California Department Health Services or a laboratory approved by the Executj Officer.
D. Monitoring results must be reported on dischai monitoring report forms or in a format approved by t Executive Officer.
E. If a permittee monitors any pollutant more frequenl
than required by this Order, using test procedui approved under 40 CFR, Part 136, or as specified in tf Order, the results of this monitoring shall be incluc in the calculation and reporting of the data submit1
in the permittee's monitoring report. The increa! frequency of monitoring shall also be reported.
F. Permittees shall retain records of all monitor. information, including all calibration and maintenai
Analysis of Pollutants Under the Clean Water Act"
c.
0 e
Order No. 90-42 -Page 21 of 32-
records and all original strip chart recordings fc
continuous monitoring instrumentation, copies of a1
reports required by this Order, and records of all dat used to complete the application for this Order. Record shall be maintained for a minimum of five years from tk date of the sample, measurement, report, or applicatior
unresolved litigation regarding this discharge or whc
requested by the Regional Board Executive Officer.
This period may be extended during the courge of ai
G. Records of monitoring information shall include:
1. The date, exact place, and time of sampling c
2. The individual(s) who performed the sampling (
3. The date(s) analyses were performed;
4. The individual(s) who performed analyses;
5. The analytical techniques or method used; and
6. The results of such analyses.
Calculations for all limitations which require averagii of measurements shall utilize an arithmetic mean unle:
Order.
measurements;
measurements;
H.
otherwise specified by the Executive Officer or in th:
I. All monitoring instruments and devices used by
permittee to fulfill the prescribed monitoring progri shall be properly maintained and calibrated as necessai to ensure their continued accuracy.
J. Permittees shall report all instances of noncomplianc
not reported under Standard Reporting Requirement XI1 E. of this Order at the time monitoring reports ai submitted. The reports shall contain the informatic
listed in Standard Reporting Requirement XIV. E.
X. The monitoring reports shall be signed by an authorizc person as required by Standard Reporting Requirement XI’ L.
L. A campasite sample is defined as a combinatian a€ :
least 8 sample aliquots of at least 100 milliliters eacl collected at periodic intervals during the operatii hours of a facility over a 24-hour period. For volati pollutants, aliquots must be combined in the laborato:
immediately before analysis. The composite must be flc proportional: either the time interval between ea( aliquot or the volume of each aliquot must I
proportional to either the stream flow at the time 1 sampling or the total stream flow since the collectic of the previous aliquot. Aliquots may be collectc
0 0
Order No. 90-42 -Page 22 of 32-
manually or automatically.
M. A grab sample is an individual sample of at least 1C
milliliters collected at a randomly selected time ove a period not exceeding 15 minutes.
XIII.PROVISIONS
A. Neither the treatment nor the discharge of pollutant
shall create a pollution, contamination, or nuisance i defined by Section 13050 of the California Water Code
B. The permittees must comply with all conditions of th. Order. Any permit noncompliance constitutes a violatic of the Clean Water Act and the California Water Code ai
is grounds for enforcement action; for perm termination, revocation and reissuance, or modificatioi the issuance of an individual permit; or for denial (
a renewal application.
C. The permittees shall take all reasonable steps q minimize or correct any adverse impact on the environme!
resulting from noncompliance with this Order, includi: such accelerated or additional monitoring as may 1 necessary to determine the nature and impact of tl noncomplying discharge.
D. This Order may be modified, revoked and reissued, t terminated for cause including, but not limited to, tl
following:
1. Violation of any terms or conditions of this Orde
2. Obtainingthis Order by misrepresentation or failu to disclose fully all relevant facts; or
3. A change in any condition that requires either temporary or permanent reduction or elimination
the discharge.
The filing of a request by a permittee for modificatio revocation and reissuance, or termination of this Ord or a notification of planned change in or anticipat noncompliance with this Order does not stay any conditi of this Order.
E. In addition to any other grounds specified herein, th
Order shall be modified or revoked at any time if, the basis of any new data, the Executive Offic determines that continued discharges may cau unreasonable degradation of the aquatic environment.
m a
Order No. 90-42 -Page 23 of 32-
F. This Order is not transferable to any person excep' after notice to the Executive Officer of this Regiona.
Board. The Regional Board may require a new report o waste discharge to change the name of a permittee an1 incorporate such other requirements as may be necessar
under the California Water Code and the Clean Water Act
A permittee shall submit notice of any transfer of thi Order's responsibility and coverage to a new pennitte
as described under Standard Reporting Requirement X1V.c
G. This Order does not convey any property rights of an
sort or any exclusive privileges. The requirement
prescribed herein do not authorize the commission of an
including property damage caused as a result of th
discharge, nor protect the permittee from hi liabilities under federal, state, or local laws, no create a vested right for the permittee to continue hi
discharge.
H. Permittees shall allow the Regional Board, or a authorized representative or any representative of th
United States Environmental Protection Agency upon th presentation of credentials and other documents as ma
be required by law, to:
1. Enter upon the permittee's premises where
act causing injury to persons or property of another
regulated facility or activity is located o
conducted, or where records must be kept under th
conditions of this Order:
2. Have access to and copy, at reasonable times, an
records that must be kept under the conditions o this Order:
3. Inspect at reasonable times any facilities
equipment (including monitoring and contro equipment), practices or operation regulated o required under this Order; and
4. Sample or monitor at reasonable times, for th
purposes of assuring compliance with this Order o as otherwise authorized by the Clean Water Act o California Water Code, any substances or parameter
at any location.
I. Permittees shall, at all times, properly operate an
maintain all facilities and systems of treatment an
or used by a permittee to achieve compliance with th conditions of this Order. Proper operation an
control (and related appurtenances) which are installe
e 0
Order No. 90-42 -Page 24 of 32-
adequate laboratory and process controls includin
appropriate quality assurance procedures. This provisio requires the operation of backup or auxiliary facilitia or similar systems only when necessary to achiev compliance with the conditions of this Order.
J. In an enforcement action, it shall not be a defense fc
reduce the permitted activity in order to maintai
compliance with this Order. Upon reduction, loss, c failure of the treatment facility, the permittee shall to the extent necessary to maintain compliance with thj Order, control production or all discharges, or bot? until the facility is restored or an alternative methc of treatment is provided. This provision applies, fc
example, when the primary source of power of tt treatment facility fails, is reduced or is lost.
K. The provisions of this Order are severable, and if ar provision of this Order, or the application of ar provision of this Order to any circumstances, is he1
invalid, the application of such provision to othe circumstances, and the remainder of this Order, shal
not be affected thereby.
a permittee that it would have been necessary to halt c
L. Bypass of Treatment Facilities
1. Definitions
(a) "Bypass" means the intentional diversion of wast streams from any portion of the treatment faciliti
(b) "Severe property damage" means substantial physice damage to property, damage to the treatmer
facilities which cause them to become inoperable or substantial and permanent loss of naturz resources which can reasonably be expected to occt in the absence of a bypass. Severe property damas
does not mean economic loss caused by delays j
production.
2. Bma SS Not E xceedina Eff 1 uent L imitations
A permittee may allow any bypass to occur which doe not cause effluent limitations to be exceeded, bi
only if it also is for essential maintenance t assure efficient operations. These bypasses ai not subject to the provisions of paragraphs (3) a1
(4) of this section.
Q a
Order No. 90-42 -Page 25 of 32-
3. HOtice of Anticued Bvpgss and Umticw BvPass
(a) AnticiPatedbu~aga. If a permittee knows i advance of the need for a bypass, they shal submit prior notice, if possible, at least te days before the date of the bypass.
(b) UnanticiDated bmasq. A permittee sha; submit notice of an unanticipated bypass i described under Standard Reporting Requiremei
XIV. E.
4. prohibition of Bmasg
(a) Bypass is prohibited and the Regional Boa:
may take enforcement action against permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss t
life, personal injury, or severe proper damage :
(2) There were no feasible alternatives ' the bypass, such as the use of auxilia
treatment facilities, retention I untreated waste, or maintenance duri normal periods of equipment downtiml This condition is not satisfied if t: permittee could have installed adequa backup equipment to prevent a bypa which occurred during normal periods equipment downt ime or preventi
maintenance: and
required under pavagraph (3) of th section.
(3) The permittee submitted notices
(b) The Executive Officer may approve anticipated bypass, after considering i adverse effect, if the Executive Offic
determines that it will meet the thr conditions listed above in paragraph (1) this section.
M. UDset Conditions
1. Def initionq
"Upset" means an exceptional incident in whi there is unintentional and tempora
e 0
Order No. 90-42 -Page 26 of 32-
noncompliance with technology-based effluen limitations because of factors beyond th reasonable control of a permittee. An upse does not include noncompliance to the exten caused by operational error, improper1 designed treatment facilities, inadequat
treatment facilities, lack of preventiv
maintenance, or careless or imprope operation.
2. Effect of an UDset
An upset constitutes an affirmative defense t an action brought for noncompliance with SUC technology-based permit effluent limitation
if the requirements of paragraph (3) of thi section are met. No determination made durin
administrative review of claims tha noncompliance was caused by upset, and befor an action for noncompliance, is fina administrative action subject to judicia
review.
3. Conditions Necessarv f or a Demonstration of Upset
A permittee who wishes to establish tk
affirmative defense of upset shal demonstrate, through properly signed contemporaneous operating logs, or othe relevant evidence that!
(a) An upset occurred and that the permittee ca identify the specific cause(s) of the upset;
(b) The permitted facility was at the time beir properly operated: and
The permittee submitted notice of the upset a
required in Standard Reporting Requiremer XIV. E.
(c)
4. Burden of Pr oog
In any enforcement proceeding, a permittee seekir
to establish the occurrence of an upset has tt burden of proof.
XIV. STANDARD REPORTING REOUIRE13T;INTS
A. A new Report of Waste Discharge shall be filed with tl
Regional Board not less than 180 days prior to tl following:
e 0
Order No. 90-42 -Page 27 of 32-
1. Significant change in disposal method (e.g., chang, in the method of treatment which woull significantly alter the nature of the waste).
2. Significant change in dispasal area (e.g,, movin
the discharge to a disposal area significant1
different water quality or nuisance problems).
3. Other circumstances which result in a materia change in character, amount, or location of th
waste discharge.
B. A permittee shall give advance notice to the Executiv Officer of any planned changes in a permitted facilit or activity which may result in noncompliance with th
requirements of this Order.
C. A permittee must notify the Executive Officer, i writing, at least 30 days in advance of any propose transfer of this Order's responsibility and coverage t
a new permittee. The notice must include a vritte agreement between the existing and new permitte
containing a specific date for the transfer of thi Order's responsibility and coverage between the currer permittee and the new permittee. This agreement shal include an acknowledgement that the existing permitte is liable for violations up to the transfer date ar
that the new permittee is liable from the transfer dat
on.
D. The permittees shall comply with any monitoring ar
reporting requirements contained in this Order and ar additional monitoring requirements specified by tk Executive Officer.
E. A permitee shall report any noncompliance which m2 endanger health or the environment. Any informatic
24 hours from the time the permittee becomes aware c the circumstances. A written submission shall contaj a description of the noncompliance and its cause: tl
period of noncompliance, including exact dates a1 times, and if the noncompliance has not been correctec the anticipated time it is expected to continue; az
steps taken or planned to reduce, eliminate, and prevei recurrence of the noncompliance. The Executive Office1 or an authorized representative may waive the writtc report on a case-by-case basis if the oral report hi been received within 24 hours.
removed from the original area, potentially causin
shall be provided orally to the Executive Officer withi
w e
Order No. 90-42 -Page 28 et 32-
F. A permittee shall notify the Executive Officer as so01 as it is known or there is reason to believe:
1. That any activity has occurred or which will occu
which would result in the discharge of any toxil pollutant which is not limited in this Order, i that discharye will exceed the highest of th
following "notification levels":
a. One hundred micrograms per liter (100 ug/L) :
b. Two hundred micrograms per liter (200 ug/L
for acrolein and acrylonitrile; five hundre micrograms per liter (500 uyp) for 2~
dinitrophenol: and one milligram per liter ( mg/L) for antimony.
G. A permittee shall furnish to the Executive Officer within a reasonable time, any information which th Executive Officer may request to determine whether caus
exists for modifying, revoking and reissuing, o terminating this Order or to determine compliance wit this Order or other requirements established by th Executive Officer. A permittee shall also furnish to th
Executive Officer, upon request, copies of record required to be kept by this Order.
H. A permittee shall provide adequate notice to th Executive Officer of the following:
dinitrophenol and for 2-methyl-4, 6
1- Any new introduction of pollutants to th
discharge.
2. Any substantial change in the volume or characte of pollutants being introduced into the discharge
3. For the purpose of this provision, adequate notic
shall include information on (a) the quality an
quantity of waste introduced into the discharge
and (2) any anticipated impact of the change on th quantity or quality of runoff to be discharged t
surface waters.
Where a permittee becomes aware that he failed to submi any relevant facts in a Report of Waste Discharge, c submitted incorrect information in a Report of Wast
Discharge, or in any report to the Regional Board, h
I.
shall promptly submit such facts or information.
e 0
Order No. 90-42 -Page 29 of 32-
J. If a need for a discharge bypass is known in advance
the permittee shall submit prior notice and, if at a1 pollsible, such notice shall be submitted at least to days prior to the date of the bypass.
K. This Order expires on July 16, 1995. The permittees mus jointly file a Report of Waste Discharge in accolrdanc
with Title 23, Chapter 3, Subchapter 9 of the Californi Code of Regulations not later than 180 days in advanc of such expiration date as application for issuance c
new waste discharge requirements. This report of wast discharge shall include as a minimum, the following:
1. Summary of the results of the monitoring program.
2. Summary of BMPs implemented and evaluations c their effectiveness.
3. Summary of procedures implemented to detect illegz discharges and illicit disposal practices and z evaluation of their effectiveness.
4. Summary of measures implemented to contrc pollutants in surface runoff from constructic
sites and an evaluation a€ their effectiveness.
5. Evaluation of the need for additional BMPs, sourc
control, and/or structural control measures.
6. Proposed plan of stormwater/urban runoff qualil management activities that will be undertakc
during the term of the next pennit.
L. All applications, reports, or information submitted 1
the Executive Officer of this Regional Board shall 1 signed and certified.
1. The Report of Waste Discharge shall be signed i follows:
a. For a corporation - by a principal executiy officer of at least the level of via president.
For a partnmr8hip or 8010 proprietor8hip - I
a general partner or the proprieto
respectively.
c. For I municipality, stat., f0dOr.l or othi public agmacy 0 by either a princip(
executive officer or ranking elected officia
b.
v 0
Order No. 90-42 -Page 30 of 32-
2. All other reparts required by this Order and othe infomation requested by the Exe~utiVe Off ice
shall be signed by a person designated in paragrapl
(1) of this provision, or by a duly authorize(
representative of that person. An individual is , duly authorized representative only if:
a. The authorization is made in writing by person described in paragraph (1) of thi
provision;
b. The authorization specified either a individual or a position having responsibilit for the overall operation of the regulate facility or activity, such as the position o
plant manager, operator of a well or we1
field, superintendent, or position o
representative may thus be either a name
individual or any individual occupying a name
position) ; and
c. The written authorization is submitted to th Executive Officer.
3. Any person signing a document under this Sectio
equivalent responsibility (a duly authorize
shall make the following certification:
*'I certify under penalty of law that I have personally examined and am familiar
with the information submitted in this document and all attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the
information, I believe that the information is truta, accurate, and complete. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonment."
M. Except for data determined to be confidential unde
Title 40, Code of Federal Regulations Part (40 CFR Par
2), all reports prepared in accordance with the terns 0 this Order shall be available for public inspection a
the offices of the California Regional Water Qualit
Control Board, San Diego Region and the United State Environmental Protection Agency, Region 9. As require by the Clean Water Act, Reports of Waste Discharge, thi Order, and effluent data shall not be considere
confidential .
* I, 9 e 0
Order No. 90-42 -Page 31 of 32-
XV. YOTIFICATIONS
A. California Water Code Section 13263 (g) states:
"No discharge of waste into the waters of the state, whether or not such discharge is made pursuant to waste discharge requirements,
shall create a vested right to continue such
discharge. All discharges of waste into waters of the state are privileges, not rights."
B. The Clean Water Act provides that any person w violates a condition of this Order implementing Sectio
301, 302, 306, 307, 308, 318 or 405 of the Clean Wat Act is subject to a civil penalty not to exceed $10,0 per day of such violations. negligently violates conditions of this Ord
implementing Section 301, 302, 306, 307 or 308 of t Clean Water Act is subject to a fine of not less th
$2,500 nor more than $25,000 per day of violation, or imprisonment for not more than one year, or both.
C. The Clean Water Act provides that any person w knowingly makes any false statement, representation, certification in any record or other document submitt or required to be maintained under this Order, includi
monitoring reports or reports of compliance
noncompliance shall, upon conviction, be punished by
fine of not more than $10,000 per violation, or
imprisonment for not more than six months per violatic or by both.
D. Nothing in this Order shall be construed to relieve
permittee from civil or criminal penalties f noncompliance.
Nothing in this Order shall be construed to preclude t
institution of any legal action or relieve a pennitt from any responsibilities, liabilities, or penalties which a permittee is or may be subject to under Secti
311 of the Clean Water Act.
F. Nothing in this Order shall be construed to preclu
institution of any legal action or relieve a pennitt from any responsibilities, liabilities, or penalti established pursuant to any applicable State law
regulation under authority preserved by Section 510 the Clean Water Act.
G. This Order shall become effective ten days after t
date of its adoption, provided the Regior Administrator or Director, United States Environment
Any person who willfully
E.
e a
Order No. 90-42 -Page 32 of 32-
Protection Agency, has no objection. If the Regional
Administrator objects to its issuance, this Order shall not become effective until such objection is withdrawn.
I, Arthur L. Coe, Acting Executive Officer, do hereby certif]
adopted by the California Regional Water Quality Cantro' Board, San Diego Region, on July 16, 1998.
the foregoing is a full, true, and correct copy of an Ordei
ARTHUR L. COE Acting Executive Officer
e m ....
Table 1 . for Order No. 90-42 . 1989 populations for the incorporated cities and unincorporated areas of San Diego
County (data obtained from the California Department of Finance) .
Cities t ion Carlsbad ...................... 62. 030 Chula Vista ................... 126. 026 Coronado ...................... 24. 595
Del Mar ....................... 5. 131
El Cajon ...................... 86. 403
Escondido ..................... 99. 007
Imperial Beach ................ 25, 970
La Mesa ....................... 53. 005
Encinitas ..................... 53. 120
bmon Grove ................... 22. 749 National City ................. 56, 247
Oceanside ..................... 117. 587 Poway ......................... 43, 121 San Diego .................... 1.086. 592 San Marcos .................... 33. 837
Santee ........................ 52. 402 Solana Beach .................. 14. 694 Vista ......................... 61. 742
County of San Diego *
(unincorporated areas) ...... ., 391 . 688 total 2.415. 946
* A small portion of the population in the unincorporated area of San Diego County is
located outside the jurisdiction of the San
Diego Regional Board. Some of the population in the unincorporated area of San Diego County is located outside the Urban Limit Line .
* I,. @ @
8 p
.2? 3
zz Z$
0, 66 i3, iv cg .o - c3 p=- gz @g E $r 622
gJg 8
* mm 1 .- gL3 +.*
8 cns gb a sf!!! d
M H
>
s a UJ t
mu
*s r- 'E 0 g35 caoc
z.=nz
G-a0
fE: Eq B cn ocn fs
t 5 z dS+U i-z zzcn 3 z I-z 3
2 z 2 z 2 z ZZ? z z
3 3 a
a* mcn I-0 0 I-- A- 66 G- 6':
zcjjp- cz 5 naZ P n
3 0 @$ 00~ 3 0 li 0
J
gb 8 iffP1. sa 5 WC c z(0 6 3
3 3 zz zzz z 3 a 3
I 5 2 E 0 I-
5 0 a
I= 3
v,
L 5
J $
Q I)
5
zi
3
a UJ t- P i
v) U Lu c-
(3 z > iil 0 UJ U
c\i
5; !$
B
0 z
U u
ou
38
i=L lg $$
am prz PDQ -E
- - 6 s 8ggl.g ...8"s 5 8 ! m '
EL
89 Lz is 3 E = E: g# g c
$21 WE! c u) u) ma s5 33 5 s z 8dzmmz8 4 F QI
R e
s a,
t 0 cn
0
c
-
2
i 8
CI g C i z
ii! s
2 .6 tu PC 0, cz h- c
c' 6: -3 g: 0 a, iz
2: i! i. "E I e a sa f a 8: 8 $
cg, 3 a %ui 0
3 c
c XQ, L E 3 a9
d Qz
.- 0 B2
Q %2 Cn3 G
v) e,- LI 6 -3 c os
.2 .H 0 :g
a
C
% -
Q) c
4 E 'u i 8: g 8
gi 4 a: .- E = zg
.P C 5 $2 .E - si
; u8 is; c E 3 'g .E g
E la i 8 5 g O 9c 55 E! E'
so, g -6
1 s3 5 Cay, _ooo z pkJ ssg 3 .- 3s = 5 2 -2
Q Brn mait 1 7- cs Fqo-; C g s- ;:$I c sg $= C
w 3 ?s ZfS: QZPE oc I QaY sa€: ?€E@ ;82 -=qj 'x€'
2g tj =z 3 8 .. 0- t Bz& c W! Sxgg zag Po.; 8pui6ECI a0 E,!
s! 3 Q 3 g Q 0 E!!:
0
W'
0 5
c'
CUI ma
El
CUI? = L-
e
Q 3 9Ui - c
a
.- (0
0QWh - 9,
3 Q .- E
c m=
--P
J~ OW oa
om
n
? v) w 9s d a - $ iGiiE
5 a. z
zw j r" =!!i py2, 5 !kg
Q - c 0 0
(u aaak=e 1-i 9 0 Q,
0 z
5 %A 2 a $
s&j o oa
SQc C~SO~;
QE
Q-Qs=$;;
ooES~Znama+ I
11 11111111
OQP ~zaamm~
zlo~~gg&- m%s&gzsgz8; g L = 22
2 c 2a Am OW%~W~WWUJ>~ ~Xl-C-rJ3c-QZ~ jszzr
8 $a (y p 5 5s
& - i I i
. 17 1 - 1- iT-
[ -
c ,7, - - -. E i c
Lt ! A
: I-:[ - -
i ,ll - - $1
'. - - *' I - - - -.-- ...-..--.._._- . -.-.___._._.__.._....._____._
4
L .-- ..-- -- -.-- i 1 .-._____ ;I! .-.
I 6'
.-,
1 -;
a il: 7 i
-.__-.-_.._. 1 __.._ I 4 ..._.______, Ii
-8 +'
;-8 I- -- k c- I 1; .- --
0-5-
(?: c - - -
4 7,
1'"
li". '7
-.1
7 i-
..? - i-
LL-
?-
i -
- -
-
- -
C' at - c I> z b 171
,:?- \A c - - Ir! c --
L+ - - - - - I .-.---- ' .---- T .----- .-.- - ----.--- ________
U c z fr: CL L?L 0 - i C' ft 111
- zL
!G KT = : -
U
of Carlsbad
July 13, 1990
Arthur L. Coe
Acting Executive Director
California Regional Water Quality Control Board
San Diego Region
9711 Clairemont Mesa Blvd. , Suite "B"
San Diego, CA 92124-1331
Dear Mr. Coe:
Pursuant To Resolution No. 90-235 of the City Council of the
City of Carlsbad, adopted on July 10, 1990, I hereby submit this
Letter of Intent and request to become a co-applicant with other
San Diego entities for a National Pollution Discharge Elimination
System (NPDES) storm water discharge permit.
We look forward to working with you, your staff and the Regional
Board in a proactive program to address the problem of pollution
caused by urban storm water runoff and illicit discharges into
our storm drain system.
Very truly yours, &&2-- y;A/cLL/
ANN J. KULCH
Mayor Pro-Tem
___~__ ___ - ___ __ _-_ - - _--_ - - ..
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 43/1-2830
I I,- *
c
L
1
2
3
4
5
6
7
8
g
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
m *
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN THE LETTER INTENT TO APPLY FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT PURSUANT TO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO. 90-42
WHEREAS, the Regional Water Quality Control Board San
Region (RWQCB) has proposed adoption of Order No.
establishing requirements for a National Pollutant Disc
Elimination System (NPDES) Permit; and:
WHEREAS, the NPDES Permit is required pursuant to the FE
Water Quality Act; and
WHEREAS, the Regional Water Quality Control Board San
Region has decided to extend the NPDES permit requirements t
City of Carlsbad under the authorization of the California
Code; and
WHEREAS, the City Council has found that compliance
NPDES permit would protect the Carlsbad lagoons in accordanct
the Goals of the Carlsbad General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council o
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct
2. That the City Council authorizes and directs the
to sign the letter of intent to apply for the NPDES p
attached as Exhibit "A". .
///
///
///
ri b
c
I
.) 1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
U a
3. That the City Clerk be directed to forward the s
letter to the offices of the Regional Water Quality Control
San Diego Region.
PASSED, APPROVED AND ADOPTED at a reqular meetiny 0:
Carlsbad City Council held on the loth day of Ju1Y
1989 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and .
NOES: None
ABSENT: None
ATTEST:
ME-cXy) (SEAL) Clerk
P
w
. *'F
a
8 -
July 13, 1990
Arthur L. Coe
Acting Executive Director
California Regional Water Quality Control Board
San Diego Region
9711 Clairemont Mesa Blvd., Suite "B"
San Diego, CA 92124-1331
Dear Mr. Coe:
Pursuant To Resolution No. 90-235 of the City Council of the
City of Carlsbad, adopted on July 10, 1990, I hereby submit this
Letter of Intent and request to become a co-applicant with other
San Diego entities for a National Pollution Discharge Elimination
System (NPDES) storm water discharge permit.
We look forward to working with you, your staff and the Regional
Board in a proactive program to address the problem of pollution
caused by urban storm water runoff and illicit discharges into
our storm drain system.
Very truly yours,
&AJ-- J;LLYL
ANN J. KULCH
Mayor Pro-Tem
Exhibit "2'
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-283(