may 12, 2014 san diego, ca stakeholder workshop proposed npdes permit

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May 12, 2014San Diego, CA

Stakeholder Workshop

Proposed NPDES PermitDrinking Water System Discharges

To Surface WatersVictoria Whitney, Deputy Director of Water Quality

State Water Resources Control Board

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Today’s Meeting

• Purpose of proposed permit

• Share proposed permit language for your input

May 12, 2014 Stakeholder Workshop ,San Diego, CA

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Safe Drinking Water

• Allow water districts and purveyors to conduct mandated responsibilities for protection of public health and safety

Our Common Interests

May 12, 2014 Stakeholder Workshop, San Diego, CA

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National Pollutant Discharge Elimination System

Clean Water Act requires pollutant source discharges to fishable and swimmable waters to obtain an NPDES permit

Point sources are discrete conveyances such as pipes or ditches that release discharge at a distinct location

In California, the State and Regional Water Boards issue NPDES permits

What is an NPDES Permit?

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Section 122.44(d)(1)(i) states NPDES permits shall include:

Limitations must control all pollutants parameters (either conventional, nonconventional, or toxic pollutants) which the Director determines are or may be discharged at a level which will cause, have the reasonable potential to cause, or contribute to an excursion above any State water quality standard, including State narrative criteria for water quality

Clean Water Act Requirements

May 12, 2014 Stakeholder Workshop, San Diego, CA

March 2014 AWWA Conference - Anaheim, CA

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Basin Plans contain narrative toxicity objectives which generally state:

“all waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses

in human, plant, animal, or aquatic life;”

Specific language varies among Basin Plans.

Federal regulations require effluent limits for toxicity when a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a numeric or narrative objective within an applicable State water quality standard (40 Code of Federal Regulations 122.44(d)).

Basin Plan Objectives

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Stakeholder Outreach History

• In 2008: Los Angeles Water Board issued draft permit for public comments

• In 2010: Sacramento area districts requested permit

• In 2011: SF Bay Water Board began discussions with water districts

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Combined Water Board Effort

• 2013: Consideration of multi-regional permit

Three stakeholder meetings Discussions with staff and Boards

• State Water Board staff now taking lead

• Primary Objective – Statewide Consistency and Efficiency

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Mandated Duties and Planned Discharges

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Protection of Our Surface Waters

• Ensure that water draining to surface waters does not harm beneficial uses

Another Common Interest

May 12, 2014 Stakeholder Workshop, San Diego, CA

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• Chemical – chlorine and pH• Physical – turbidity, trash, sand, grit and

sediment• Erosion-related or scour-related concerns

Basic Water Quality Concern

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Protecting Surface Water with Best Management Practices

May 12, 2014 Stakeholder Workshop, San Diego, CA

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• Basic NPDES permitting information

• Coverage under existing storm water permits

• Stakeholder feedback

• Purpose of proposed permit

• Targeting constituents of concern

http://www.waterboards.ca.gov/water_issues/programs/npdes

Previous Staff Presentations

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Recent Growing ConcernsBay Area RegionWhat We Heard From You

• Concerns (some conflicting):

Increased regulatory costs as local resources decline Local agreements working just fine Need for a permit (third-party lawsuits) Unnecessary monitoring and reporting Expensive lab analysis for clean water Need for regulatory consistency and fairness Insufficient stakeholder involvement Why do we need a permit for mandatory discharges? Inefficient use of water board resources

May 12, 2014 Stakeholder Workshop, San Diego, CA

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We Also Heard From You

• Need regulatory coverage for unplanned discharges

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Proposed Statewide Permit

(Attachment A)

• Fulfill request of water districts/purveyors that do not have options through storm water permits

• Respect local agreements upheld by Regional Water Boards

• Provide “one-stop-shop” permit for planned and unplanned discharges

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Proposed Tiered Requirements(Attachment B)

• Tiered Requirements for Discharge Alternatives

Direct discharges to surface water bodies Discharges to surface waters via municipal

storm water collection systems Use of water for multiple benefits

• Ground water infiltration• Irrigation• Other reuse

May 12, 2014 Stakeholder Workshop, San Diego, CA

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Proposed Effluent Limitations(Attachment C)

• For direct discharges or discharges to storm drains fewer than 300 feet from receiving waters

Chlorine – Non-detect with reporting level of handheld or positive detection of dechlor agent

Turbidity -To address debris/erosion from high velocity flows

• No limits for other discharges to storm systems

• Best management practices per guidance documents from AWWA, or equivalent

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Proposed Monitoring and Reporting

•Effluent monitoring at discharge location only

•Representative monitoring for distribution systems

•Annual reporting and certification

•Non-compliance reporting

• Receiving water monitoring for direct discharges only, and only if not compliant with effluent limits and BMPs

•Not duplicating storm water monitoring

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Proposed Exception to California Toxic Rule (CTR) and Ocean Plan

Proposed resolution to except water purveyors from the California Toxic Rule and California Ocean Plan

For discharges from system activities mandated by the Safe Drinking Water Act and California Health and Safety Code

Exception must be implemented through this statewide permit, or any other NPDES permit (including storm water permits)

May 12, 2014 Stakeholder Workshop, San Diego, CA

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• Ground water recharge

• Discharge to low impact development

• Reuse

Promoting Multiple Benefits

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Conclusion

• Develop a permit that some of you need

• Develop a permit that some of you may need in the future

• Develop a permit for protection of liability from third-party lawsuits

• Grant statewide “exceptions” for mandatory activities

May 12, 2014 Stakeholder Workshop, San Diego, CA

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For Further Information

Contact

Diana Messina

diana.messina@waterboards.ca.gov

May 12, 2014 Stakeholder Workshop, San Diego, CA