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Item 1.4 - Approval of Implementation of Track 1 for San Diego Regional Water Quality Control Board(F) City of Poway COUNCIL AGENDA REPORT APPROVED ❑ APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO. DATE: August 15, 2017 TO: Honorable Mayor and Members of the City Counc FROM: Robert Manis, Director of Development Services CONTACT: Melody Rocco, Senior Civil Engineert 858-668-4653/mrocco@poway.org SUBJECT: Implementation of Trash Amendment Order No. R9- 2017-0077 Summa: The San Diego Regional Water Quality Control Board (Regional Board) issued Order No. R9-2017-0077 (Order) on June 2, 2017 for the control of trash in discharges from Phase I Municipal Separate Storm Sewer Systems (MS4s) to ocean waters, inland surface waters, enclosed bays, and estuaries in the San Diego region. The Order requires all copermittees to select either one of two methods or "tracks" for controlling trash. The selection must be made in writing to the Regional Board by September 5, 2017 with submittal requirements, which vary depending upon track selection, due by December 3, 2018. The final compliance date for the Order to be fully implemented is December 2, 2030 with a minimum demonstrated 10 percent trash reduction each year over the 10 - year implementation period. Recommended Action: It is recommended that the City Council authorize the City Manager to submit the required written notice to the San Diego Regional Water Quality Control Board by September 5, 2017 with a selection of Track 1 for implementation of the Trash Amendment Order No. R9-2017-0077 and appropriate $41,085 from unappropriated General Fund balance (100-8912) to cover the costs associated with the Trash Amendment's required submittals for a Track 1 selection. Discussion: In April 2015, the California Regional Water Quality Control Board (State Board) adopted Resolution No. 2015-0019 amending the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (ISWEBE Plan) to address the impacts of trash to the surface waters of California (referred to as Trash Amendments). The Trash Amendments required the Regional Board to take steps towards the prohibition of trash discharges to the surface waters of California by June 2, 2017. In order to comply, the Regional Board issued Order No. R9-2017-0077 for the control of trash in discharges from Phase I MS4s to ocean waters, inland surface waters, enclosed bays, and estuaries in the San Diego region. 1 of 4 August 15, 2017, Item #1•4 Trash Amendment August 15, 2017 Page 2 The Order provides two methods, or "tracks" for implementation. Track 1 requires the installation, operation, and maintenance of full capture systems for all storm drains that capture runoff from priority land use areas. Priority land use areas have been defined as high-density residential, industrial, commercial, mixed urban, and public transportation facilities. Priority land use areas can be found throughout the City, see Attachment A. Track 2 requires the installation, operation, and maintenance of full capture systems, multi -benefit projects, other treatment controls, and/or institutional controls. Implementation of any combination of these controls can be installed at locations determined by the MS4 permittee, however demonstration of full capture equivalency is required for a Track 2 selection. Full -capture devices will eliminate trash greater than 5mm in size, essentially capturing anything larger than a cigarette butt, and preventing it from entering the storm drain system. These devices are typically installed on storm drain inlets. Based upon the issuance of the Trash Amendments, staff used our as -needed consultant, D -Max Engineering, Inc. (D -Max), to conduct a data analysis and assessment. The assessment found 330 public inlets within priority land use areas. The assessment assumed that no private inlets would receive devices but that trash would be captured downstream. The assessment also analyzed costs over the 10 -year implementation period associated with both tracks of the Trash Amendment (see Table 1). Maintenance costs will be on-going after full compliance with the order. Table 1 Initial Program $45,000 $102,000 Development Costs Additional Non -Structural $0 $412,883 BMP Costs Capital Costs $592,778 $508,253 Maintenance Costs $837,097 $1,093,890 Monitoring, Reporting, and Program Administration $400,000 $960,000 Costs Contingency $281,231 $461,554 Total Costs $2,156,106 $3,538,580 Both Tracks require submittal of an implementation plan and were estimated by D -Max as initial program development costs in Table 1. Track 1 requires a time schedule for full compliance including interim milestones and jurisdictional mapping of priority land use areas, the corresponding storm drain network including all storm drain inlets and 2 of 4 August 15, 2017, Item # I .� Trash Amendment August 15, 2017 Page 3 drainage, proposed full capture system installation locations and the associated drainage areas. Since the issuance of the Order and clarification of these submittal requirements, D -Max has provided a cost estimate to help the City provide these documents. The total proposed cost for a Track 1 submittal is $41,085. Track 2 requires a plan that describes the proposed controls, rationale for controls, how the controls will meet full capture equivalency, monitoring and assessment approaches, and a time schedule for implementation including interim milestones. Should City Council choose Track 2, staff can obtain a cost proposal for these submittal requirements but assumes the estimate provided in the assessment to be fairly accurate. Other than the required submittals, Track 1 does not require approval by the Regional Board to implement. However, the plan for Track 2 must receive Regional Board approval prior to implementation due to the variable options. Approval of the plan is not guaranteed. Staff from the Regional Board has indicated that a switch between tracks would be allowed if sufficient rationale is provided. Staff is recommending a Track 1 selection based upon the lower anticipated overall costs to implement the program and the certainty of compliance with the Order. Environmental Review: This project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines, because it will ultimately involve implementing trash collection measures in the City's stormwater conveyance system intended to minimize pollution, and there is no possibility that this activity will result in a negative effect on the environment. Fiscal Impact: Approval of staff's recommendation authorizes the appropriation of $41,085 from the unappropriated General Fund balance (100-8912) to Storm Water Program — Other Contractual Services (0308-4120). Full capture device installation would be phased over 10 years and budgeted as Capital Improvement Projects starting in FY18/19. Public Notification: None. Attachments: A. Priority Land Use Map Reviewed/Approved By: Reviewed By: Approved B Wendy Kaserman Morgan Foley Tina M. White Assistant City Manager City Attorney City Manager 3 of 4 August 15, 2017, Item # �,y PRIORITY LAND USE MAP a 1 0=1 y 0000 09 Syoamoll Valley crew. 0 K1 a • Priority Land Use Inlet (353) gulro,� IN Transit Stop River/Stream Land Use Type Commercial High Density Residential iIndustrial Iiµ Public Transportation Station f City Jurisdiction I I ,lpopa9R 0 ® ® � `reek r.............., I Mo o; on. Unnametl Tilbufay Miles 0 os t rhere are no mixed use land uses within the City's jurisdiction. Esr, HEREkD Esd Japan, NN dia, © OpenStr ity in richt corner a Intermap, crement P Corp., \ (Hong KongEsri (Thailand), utors, and th S+IS User 4 of 4 ATTACHMENT A August 15, 2017, Item # 1•4