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HomeMy WebLinkAbout2021-07-08; Senate Bill No. 205 Information Update (Districts - All); Gomez, PazTo the members of the: CITY COUNCIL Date~CA L CC ✓ CM v ACM ✓ DCM (3) ✓ July 8, 2021 To: From: Via: Re: Council Memorandum Honorable Mayor Hall and Members of the City Council Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Geoff Patnoe, Assistant City Manager {f.;J Senate Bill No. 205 Information Updatifoistricts -All) · {cityof Carlsbad Memo ID #2021136 This memorandum provides an update to a previous memorandum dated April 16, 2020, on Senate Bill No. 205 (SB 205) related to business license and stormwater permit enrollment (Attachment A). Background Governor Gavin Newsom signed SB 205 on Oct. 2, 2019, and it became effective on Jan. 1, 2020. The purpose of SB 205 is to protect water quality by requiring regulated industries to enroll in the Industrial General Permit Program and minimize unauthorized stormwater discharges. Among its provisions, it added Section 16000.3 to the Business and Professions Code, which requires a person applying to a city for a new or renewed business license to demonstrate enrollment in a National Pollutant Discharge Elimination System (NPDES) stormwater permit program, if such a permit is required. Prior to the issuance or renewal of a business license, the city must dete.rmine whether the applicant is required to enroll in the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial General Permit) Program and, if so, confirm such enrollment has occurred. The city is subject to Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100 (Municipal Stormwater Permit) issued by the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) that regulates discharges from the city's storm drain system. Prior to SB 205, businesses were only informed of the potential need for Industrial General Permit coverage through the standard stormwater inspection process as required by the Municipal Stormwater Permit. The San Diego Water Board, in theory, would then use its resources to follow up with the businesses to ensure appropriate permit coverage is obtained. This process will continue. SB 205 adds to the existing process by requiring the city to withhold a business license from any business that does not have and may need Industrial General Permit coverage. It does not require the city to conduct any further inspections beyond the current practice or change any requirement under the Municipal Stormwater Permit. Public Works Branch Environmental Management Depart ment 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2799 t Council Memo -Senate Bill No. 205 Information Update (Districts -All) July 8, 2021 Page 2 The Finance Department is responsible for issuing and renewing business licenses. This legislation required an update to the business license application and license renewal processes. Discussion Staff became aware of this requirement in October 2019 and immediately began work on an update to the business license process to comply with the new state law. Staff developed an implementation plan that included: • Notification to businesses identified as not currently having but potentially needing permit coverage • Updates to the business license application, both in paper and on line • Updates to the business license renewal notice • Process changes to internal record keeping between Environmental Management and Finance Departments' staff By January 2020, approximately 80 of the almost 10,000 licensed businesses in Carlsbad (most of which are manufacturing facilities) were identified as not having and possibly needing Industrial General Permit coverage. In February 2020, the Environmental Management Department sent these businesses notifications informing them that their business licenses may not be renewed if stormwater permit information is not complete. These notifications included a fact sheet on the updated state law, industry categories subject to the permit, and how to apply for the state permit. Currently, to comply with SB 205, the Finance Department is collecting the state-assigned permit number and Standard Industrial Classification (SIC) code in the business license records, both during the new business license application and renewal process. Finance and Environmental Management Departments' staff are monitoring the state's public database to update business records with their corresponding Industrial General Permit Number and SIC code, if applicable. Staff also flag any business that self-reports a SIC code and/or activity subject to the permit, which requires them to provide proof of permit coverage prior to renewing their license. Post-inspection notifications from the Environmental Management Department to industrial facilities include information about permit coverage. Also, during onsite facility inspections, the Environmental Management Department staff can explain the state permit and business license renewal process, if necessary. Next Steps Staff will continue to assist Carlsbad businesses with state regulatory compliance. The Industrial General Permit Program has been incorporated into the city's daily operations. Council Memo -Senate Bill No. 205 Information Update (Districts -All) July 8, 2021 Page 3 Attachment: A. Council Memorandum dated April 16, 2020 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney Robby Contreras, Assistant City Attorney Ryan Green, Finance Director James Wood, Environmental Management Director Cheryl Gerhardt, Finance Manager Tim Murphy, Senior Program Manager , I To the members of the: J=lfi COUNCIL Date~ CA ✓ cc ..JL CM .:JL..ACM V' OcM (3) \( April 16, 2020 ATTACHMENT A Council Memorandum To: Honorable Mayor Hall and Members of the City Council · From: Paz Gomez, Deputy City Mana'ger, P~blic Works Laura Rocha, Deputy City Manager, Administrative Services Via: _ Geoff Patnoe, Assistant City Manager {fjp Re: · Senate Bill No. 205 Information {city of Carlsbad Memo ID# 2020059 This memorandum provides information related to Senate Bill No. 205 (SB 205) that was signed_ by Governor Gavin Newsom on Oct.· 2, 2019, which requires the city to update its business license process. · ' Bac!cground _ _ SB 205 was signed by Governor Gavin Newsom on Oct. 2; 2019, and became effective Jan. 1, · 2020. Among its provisions, it added Section 16000.3 to the Business and Professions Code, which requires a person applying to a city for a new or renewed business license to demonstrate enrollment in a National Pollutant Dis~harge Elimination System (NPDES) storm water permit program, if sui:h a permit is required. Prior to the issuance or renewal of a business license, the city must determine whether the applicant is required to enroll iri the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial General Permit) program and, if so, confirm such enrollment has occurred. . The purpose of this bill is.to protect water quality by requiring regulated industries to enroll in the Industrial General Permit program and minimize unauthorized storm water discharges. The state Industrial General Permit identifies nine categories of facilities subject to enrollment: 1. Feedlots of a specific size - 2. Manufacturing facilities 3. Oil and gas or mining facilities 4. Hazardous waste treatment, storage or disposal facilities 5. Landfills, land application sites and open dumps .6. Recycling facilities 7. Steam electric power generating facilities 8. Transportation facilities 9. Sewage or wastewater treatment works Public Works Branch Environmental Management Department 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2799 t Honorable Mayor Hall and Members of the City Council April 16, 2020 Page 2 The City of Cadsbad is subject to Order No. R9-2013-0001 as amended by Order Nos. R9-2015- ' 0001 and R9-2015-0100 (Municipal Storm Water Permit) is·sued by the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) that regulates discharges from the city's storm drain system. Prior to SB 205, the city had been required by the Municipal Storm Water Permit for many years to inspect these types of in,dustrial facilities and report any business that may need Industrial General Permit coverage to the San ·Diego w_ater Board. The San Diego Water Board, in theory, would then use its resources to follow up with the business to ensure appropriate permit coverage is obtained. This proi:;ess will continue. · SB 205 adds to the existing process by requiring the city to withhold a business license from any business that does not have and may need Industrial General Permit coverage. It does not require the city to conduct any further inspections beyond the current practice or, change any requirement under the Municipal Storm Water Permit. The Finance Department is responsible for issuing and renewing bu~iness licenses. This • legislation required an update to the business license application and license renewal processes. Discussion Staff became aware of this requirement in October 2019 and immediately began ·work on an update to the business license process to comply with the new state law. Staff developed an implementation plan that included: • Notification to businesses identified as not currently having but potentially needing permit coverage • Updates to the· business license application, both in paper and online • Updates to the business license renewal notice • Process changes to internal record keeping between Environmental Management and Finance DepartnJents' staff. · By January 2020, approximately 80 of the almost 10,000 licensed businesses in Carlsbad (niost of which are manufacturing facilities) had been identified as not' having and possibly needing Industrial General Permit coverage. If! early February, these businesses were sent notifications from t,he Environmental Management Department informing them that their business license may not be renewed .if storm water per_mit information is not complete. These notifications included a fact sheet on the updat_ed state law, industry categories subject to the permit and how to apply for the state permit. Next Steps SB 205 impacts only businesses required to be covered by the Industrial General Permit. Starting on March 1, 2020, renewal notices sent to businesses that have been identified as potentially needing the state permit required the businesses to submit their state-assigned Public Works Branch Environmental Management Department 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2799 t Honorable Mayor Hall and Members of the City Council April 16, 2020 Page 3 permit number and Standard Industrial Classification (SIC) code. Finance Department wiil begin to collect this information in the business license records, both during the new ~usiness license application and renewal process. Li!=ense renewals sent prior to March 1, 20·20 will be followed up with to make sure they are aware of and comply with the requirement. l I Finance and Environmental Manag~ment Departments' staff will monitorthe state's public database to ·update business records with their corresponding Industrial General Permit Number and SIC code, if applicable. Staff will also flag any business that self-reports an SIC code and/or activity subject to the permit, and require them to provide proof of permit coverage prior to ren·ewing their license. Post-inspection notifications from Environmental Management Department to industrial facilities will include information about permit coverage and business license renewal. Also, during on-site facility inspections, Epvironmerital Management Department staff can explai·n the state.permit and business license renewal process. As always, city staff remain committed to communicating and assisting businesses in Carlsbad with this new legislation. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney · Cindie McMahon, Assistant City Attorney Ronald Kemp, Assistant City Attorney Kevin Branca, Finance Director James Wood, Environmental Manager Public Works Branch Environmental Management Department 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2799 t