Vision and Strategic Actions for Managing Stormwater in the 21st Century

Transcription

1 Visin and Strategic Actins fr Managing Strmwater in the 21st Century Visin Manage strmwater as a vital cmpnent f Califrnia s water resurces, t supprt human and eclgical needs, t prtect water quality, and t restre ur waterways. Califrnia Strmwater Quality Assciatin Versin 1 January 2015

2 Visin and Strategic Actins fr Managing Strmwater in the 21st Century Visin Manage strmwater as a vital cmpnent f Califrnia s water resurces, t supprt human and eclgical needs, t prtect water quality, and t restre ur waterways. Last Updated: January 2015 Page 1

3 Versin 1 Visin and Strategic Actins Guiding Principles The guiding principles t supprt this visin are: Principle : Sustainable strmwater management uses runff as a resurce, prtects water quality, and efficiently minimizes pllutin. Principle : Plicies, regulatins, and funding need t supprt sustainable strmwater management. Principle : Public awareness, understanding, and appreciatin f the value f strmwater is required. Last Updated: January 2015 Page 2

4 Versin 1 Visin and Strategic Actins Purpse This Visin and Strategic Actins were develped t address the primary issue fr strmwater management: The lack f cnsensus n hw best t meet the gals f the Clean Water Act fr strmwater. We develped this Visin and Strategic Actins fr CASQA, its members and the public t pursue a cmprehensive plan fr strmwater that will achieve the gals f the Clean Water Act and imprve the efficiency and effectiveness f strmwater management. January 2015 Califrnia Strmwater Quality Assciatin Page 3

5 Versin 1 Visin and Strategic Actins Table f Cntents Visin... 1 Guiding Principles... 2 Purpse... 3 Table f Cntents... 4 Principle Sustainable strmwater management uses runff as a resurce, prtects water quality, and efficiently minimizes pllutin Actin 1.1 Integrated Water Resurces Management... 5 Actin 1.2 Identify Cnstraints and Opprtunities fr Maximizing Strmwater as a Resurce... 6 Actin 1.3 Prvide Effective and Efficient Slutins thrugh True Pllutant Surce Cntrl... 7 Actin 1.4 Wrk with DPR t Cntrl Txicity in Receiving Waters frm Pesticide Applicatin.. 8 Principle Plicies, regulatins, and funding need t supprt sustainable strmwater management Actin 2.1 Clarify Regulatins Actin 2.2 Articulate Strmwater Prgram Pririties Actin 2.3 Augment and Implement Basin Plan Amendment Prcess Actin 2.4 Develp Plicies and Permitting Framewrk t Supprt Sustainable Strmwater Management Actin 2.5 Establish Guidance/Tls t Supprt Sustainable Strmwater Prgrams Actin 2.6 Establish watershed based r equivalent prgram Actin 2.7 Create Funding Opprtunities Principle Public awareness, understanding, and appreciatin f the value f strmwater is required Actin 3.1 Create pprtunities fr multiple agency and cllabrative effrts t demnstrate the value f strmwater t the public Actin 3.2 Create statewide message that establishes strmwater as a resurce Visin Backgrund Drivers fr the New Apprach January 2015 Califrnia Strmwater Quality Assciatin Page 4

6 Versin 1 Visin and Strategic Actins Principle Sustainable strmwater management uses runff as a resurce, prtects water quality, and efficiently minimizes pllutin. Strmwater is a resurce, with scial, ecnmic and eclgical value. Dmestic water supply surces in Califrnia are strained, and strmwater will play an imprtant rle in maintaining a cnsistent and resilient dmestic supply. Using, and reusing mre water within lcal watersheds will help maintain lcal water balance, reduce energy use, and avid envirnmental impact t grund and surface waters. Strmwater prgrams must prtect the envirnment and be cst- effective t implement. Fr each pllutant, there is a mst cst- effective pint f cntrl. Fr many pllutants, the mst cst- effective pint f cntrl will be at the surce, befre the pllutant cntacts strmwater. Fr ther pllutants, a cmbinatin f surce cntrls, treatment cntrls, and regulatry appraches r beneficial use assessment may be needed. Actin 1.1 Integrated Water Resurces Management Backgrund Excellent wrk has been cmpleted n planning and develping Califrnia s water system. But planners and engineers need a framewrk that describes hw ur water surces wrk tgether. The integrated reginal water management plans (IRWMPs) have prvided a partial answer t water planning, but can be imprved t include mre infrmatin fr strmwater t ensure that it supprts the highest use f ther water surces in urban areas. Better guidance is needed fr the develpment f the strmwater prtin f IRWMPs, and t help agencies understand hw strmwater will be used as a prductive part f the state s water supply. Gal: T develp guidance fr IRWMPs that integrates all f Califrnia s water resurces t achieve ptimum use while prtecting the beneficial uses f receiving waters. Prpsed Effrt Step 1. Meet with State Water Bard and Department f Water Resurces (DWR) staff t discuss the actin gal and develp a prblem statement as well as general steps fr crrective actin. Determine the mst apprpriate apprach t cmplete principles t guide the develpment f the strmwater prtin f IRWMP s. Identify ther areas; such as the upcming grundwater management plan requirements, where cnsideratin f strmwater as a resurce shuld be incrprated at an early stage. Step 2. Wrk with the State Water Bard and DWR t develp a guide (mdel) fr the use f all water surces in Califrnia and serve as a dcument t be cnsulted during the develpment f IRWMPs. The guide shuld address the fllwing items: Recycled and grey water Hw can strmwater capture and use cmplement, rather than cmplete with recycled and grey water use. Incentives fr capture and use Methds t encurage site based capture and use, including distributed green infrastructure and infiltratin strategies in urban areas Water rights definitin fr captured strmwater, either at the surface r infiltrated Last Updated: January 2015 Page 5

7 Versin 1 Visin and Strategic Actins Describe and prvide slutins fr ptential cnflicts: Strmwater use, habitat prtectin, fld cntrl. Criteria fr applicatin f mdel guidelines Steps fr integrated planning with thers (identify required partners such as water agencies, etc.) Lead: CASQA Supprt: Department f Water Resurces; State Water Bard Schedule: Step Actin/Deliverable Cmpletin Date 1 Meetings with State Bard, DWR and thers as apprpriate 2015 Develp strategy t incrprate strmwater management int IRWMPs 2 Develp Guidance t better integrate strmwater int IRWMPs Finalize IRWMP strmwater integratin Guidance and begin implementatin 2017 Actin 1.2 Identify Cnstraints and Opprtunities fr Maximizing Strmwater as a Resurce Backgrund MS4 permit prvisins and ther regulatry requirements can result in unintended cnstraints n the use f strmwater as a resurce. Additinally, as new regulatins are develped in ther areas, such as lcal site use, grundwater management, cnsideratin f strmwater as a resurce is nt always maximized r cnsistently incrprated. This actin will demnstrate hw lcal agencies can imprve their use f strmwater. Gal: T identify existing cnstraints and pprtunities t incentivize use f strmwater as a natural resurce. Prpsed Effrt Step 1. Survey agencies and review recently adpted MS4 permits t identify key cnflicts and cnstraints fr identifying and implementing prjects that use strmwater. Step 2. Based n the results f the survey and meetings with DWR and State Water Bard in Step 1, develp recmmendatins fr ways in which future regulatins can mre effectively supprt use f strmwater as a resurce. Prvide the State Water Bard with ways t incentivize the use f strmwater as a resurce and remve cnstraints that currently exist t supprt the State Water Bard s Strm Water Strategy Initiative. Step 3. Wrk with the State Water Bard and/r DWR t incrprate cnsideratin f strmwater as a resurce int develpment f new regulatins and guidance where apprpriate. Establish a statewide gal fr capturing strmwater and using it as a resurce. Lead: CASQA Supprt: State Water Bard January 2015 Califrnia Strmwater Quality Assciatin Page 6

8 Versin 1 Visin and Strategic Actins Schedule: Step Actin/Deliverable Cmpletin Date 1 Survey and technical memrandum identifying cnstraints Recmmendatins fr incentivizing strmwater use and remving cnstraints Wrk with State Water Bard and/r DWR t incrprate cnsideratin f strmwater as a resurce in future regulatins and establish a statewide gal. Onging as needed Actin 1.3 Prvide Effective and Efficient Slutins thrugh True Pllutant Surce Cntrl Backgrund A sustainable strmwater prgram will implement cntrls that are recgnized as the mst effective and ecnmical. Fr example, it is difficult n a technical basis t remve nutrients frm strmwater. The mst effective pint f cntrl fr this pllutant is at the surce (e.g., applicatin). The cntrl f sme pllutants in strmwater is beynd the direct cntrl f the municipality. True surce cntrl and the use f alternative prducts and green chemistry 1 may ultimately ffer the mst effective and ecnmical apprach t the eliminatin f many chemical cmpunds that cause beneficial use impairment. New legislatin may be needed t implement this actin. Gal: Develp a list f pllutants in strmwater that shuld mst apprpriately be cntrlled at the surce (true surce cntrl). Determine the cmmercial use f each pllutant, and utline a recmmended surce cntrl apprach. Prpsed Effrt Step 1. Assemble a scpe f wrk fr a technical reprt t identify pllutants in strmwater that impact lcal receiving waters. This will largely be a cmpendium f annual reprts arund the state. Assemble a technical advisry team t versee the develpment f the technical reprt. Step 2. Prepare technical reprt that describes the causes f receiving water impairment in urban area, define each pllutant and assess the degree f pllutant cntrl available t the municipality. As an example each pllutant may be assessed accrding t the fllwing categries: Surce characterizatin surces, pathways, fate; relative amunts / uncertainty per pathway Remval available thrugh cst effective treatment cntrls True surce cntrl Green Chemistry identify apprpriate industry The reprt shuld identify partners fr cllabratin t implement the cntrl fr each f the categries defined abve. The reprt shuld als include a priritized implementatin plan. 1 The EPA defines green chemistry as, the design f chemical prducts and prcesses that reduce r eliminate the generatin f hazardus substances. True surce cntrl is the eliminatin f the pllutant at its surce. January 2015 Califrnia Strmwater Quality Assciatin Page 7

9 Versin 1 Visin and Strategic Actins Step 3. Prvide State Water Bard with recmmended actins t supprt true pllutant surce cntrl cnsistent with the Strm Water Strategic Initiative. Wrk with the State Water Bard t supprt develpment f partnerships and cllabratin and ther actins identified in the technical reprt t supprt true pllutant surce cntrl. Lead: CASQA Supprt: Pllutant- dependent Schedule: Step Actin/Deliverable Cmpletin Date 1 2 Reprts by pllutant Crdinatin with State Water Bard and EPA 2016 Actin 1.4 Wrk with DPR t Cntrl Txicity in Receiving Waters frm Pesticide Applicatin Backgrund Pesticides represent a special and specific challenge t municipal strmwater prgrams since they are licensed fr use by the State and U. S. Envirnmental Prtectin Agency (EPA), but are cmmnly fund in sufficient quantities t cause txicity in receiving waters. Pesticides are present in very lw cncentratins in receiving waters, making it impractical t remve them frm strmwater. They may als be synergistic in effect, cmbining t cause greater txicity than individually. Gal: Develp a regulatry system implemented by EPA Office f Pesticide Prgrams (OPP) and Califrnia Department f Pesticides Regulatin (DPR) t identify whether urban uses f a pesticide pse a threat t water quality, and then restrict r disallw thse uses practively s that water quality impacts are avided. Prpsed Effrt Step 1. Wrk with EPA and DPR t develp a registratin/reregistratin prcess that clearly evaluates risks and ptential water quality impacts f pesticides. The prcess fr registratin and registratin reviews must include effective evaluatins fr the ptential f all pesticide active ingredients and frmulated prducts t impact urban waterways. The prcess must include cnsideratin f all urban use patterns, and data required f manufacturers must supprt practive evaluatins. Cumulative risk assessments must be cnducted, especially fr pesticides with similar mdes f actin. Step 2. Wrk with the Water Bards, DPR, EPA s Office f Water (OW) and OPP t develp a cnsistent definitin f what cmprises a water quality prblem. CASQA will wrk with EPA s Office f Water and OPP t develp cnsistent methdlgies and appraches t allw evaluatin f the ptential impacts f pesticides n aquatic life. Step 3. Develp recmmendatins fr a crdinating statewide pesticide mnitring effrts by cnsidering mnitring requirements frm DPR and the Water Bards and be designed t identify emerging pesticide prblems in urban waterways befre they becme widespread and severe and minimize duplicatin between the prgrams. January 2015 Califrnia Strmwater Quality Assciatin Page 8

10 Versin 1 Visin and Strategic Actins Step 4. Fr pesticides that are identified as a prblem, identify mechanisms t use pesticide regulatins and statutes, rather than ttal maximum daily lads (TMDLs) and permit requirements, t mitigate the prblems. When needed, urban- specific, use- specific mitigatin measures will be used t address water quality prblems. Lead: CASQA Supprt: DPR; State Water Bard; EPA Schedule Step Actin/Deliverable Cmpletin Date 1 Quarterly Meetings with DPR Onging 2 Technical Memrandum Technical Memrandum n Mnitring Prgram Structure Quarterly review f mnitring data, Technical Memrandum n recmmended changes t pesticide regulatins and statutes Onging January 2015 Califrnia Strmwater Quality Assciatin Page 9

11 Versin 1 Visin and Strategic Actins Principle Plicies, regulatins, and funding need t supprt sustainable strmwater management T achieve sustainable strmwater management, re- examinatin f regulatry and management structures is warranted. We must ensure regulatins supprt the use f adaptive management and alternative cntrl appraches fr existing and new develpment. The public will supprt prgrams that address demnstrated water quality issues. This will require cllabratin between agencies and industries t effect the biggest change fr the lwest cst, as well as mdificatin t regulatry requirements t accmmdate beneficial uses f receiving waters that are deemed essential. Actin 2.1 Clarify Regulatins Backgrund Strmwater is a pint surce in name nly. Strmwater is a nn- pint surce but is being addressed thrugh a pint surce regulatry prgram (i.e., the NPDES prgram). Sme f the cmpliance issues that MS4s are facing can be traced t the applicatin f the current regulatry mdel, which is based n 30+ years f experience with pint surces (i.e., wastewater), with limited acknwledgement fr the nn- pint surce nature f strmwater (e.g., maximum extent practicable (MEP) and best management practice (BMP) cncepts). Curt cases have stipulated that strmwater is a pint surce and subject t the NPDES prgram, therefre the nly ptin available t crrect this interpretatin is t clarify thrugh rulemakings, r amend the Clean Water Act t refine the regulatry apprach t better supprt the nn- pint surce nature f strmwater pllutin. We believe this is a significant undertaking and will cnfer with all interested parties t develp a brad based cnsensus f hw best t clarify regulatin t reduce pllutin in strmwater and imprve the cst efficiency f strmwater prgrams. Gal: Prpse rulemaking r legislatin that clarifies strmwater as a nn- pint surce, and clearly utlines expectatins f strmwater as different frm wastewater and ther pint surces. Prpsed Effrt Step 1. Cnfer with natinal strmwater rganizatins (e.g., Natinal Assciatin f Fld and Strmwater Management Agencies, Natural Resurces Defense Cuncil and thers) t explre ideas abut rulemaking r legislatin that wuld redefine strmwater as a nn- pint surce f pllutants, r change hw strmwater is permitted as a pint surce. Develp a cnsensus strategy with interested stakehlders t accmplish this bjective. Step 2. Reach ut t state and natinal gvernmental rganizatins (e.g., League f Califrnia Cities, Cunty Assciatins f Gvernment, etc.) t educate lcal and state elected fficials n the issue. Crdinate with EPA and NGOs. Step 3. Implement strategy that wuld redefine strmwater as a nn- pint surce f pllutants. Lead: NACWA, WEF, NAFSMA, NLC, NACO Supprt: CASQA January 2015 Califrnia Strmwater Quality Assciatin Page 10

12 Versin 1 Visin and Strategic Actins Schedule Step Actin/Deliverable Cmpletin Date 1 Cnfer with Natinal Organizatins and develp legislative strategy Educate Public fficials Implement legislative strategy 2017 Actin 2.2 Articulate Strmwater Prgram Pririties Backgrund Municipalities face many challenges in develping and implementing an effective and sustainable strmwater prgram that supprts green infrastructure. Such challenges may be regulatry, technical, r financial in nature. We believe it is imprtant t identify the water quality pririties that municipalities can best address s that resurces are allcated accrdingly. The first step in crafting a lng- term sustainable apprach t strmwater management is t identify the challenges and then t identify strategies t address these challenges. The State Water Bard can help prvide guidance/plicy t address critical water quality issues assciated with strmwater. Currently, the State Water Bard is addressing trash thrugh amendments t the State Implementatin Plan fr Inland Surface Waters and has initiated effrts t develp a bacteria initiative relevant t wet weather cnditins. The State Water Bard is als develping a Strm Water Strategic Initiative that will help priritize the State s actins. Gal: T ensure the mst critical water quality issues assciated with strmwater are identified and a crrespnding strategy develped t address the issue. Prpsed Effrt Step 1. Identify the highest pririty issues fr the strmwater prgram as a part f the Triennial Review prcess r the ther mechanism (e.g., State Strmwater Plicy see Actin 2.4, Step 4). Step 2. Engage stakehlders in a cllabrative effrt t priritize the water quality issues assciated with strmwater discharges relevant t the regin r State. The effrt may be led by any f the stakehlders (e.g., Reginal Water Bard, permittee, envirnmental NGOs). Step 3. Identify pririties f the regin r state by cnsidering impacts n beneficial uses, maximum benefit f the water bdy, water use pprtunities, and ther cnsideratins that affect priritizatin. Priritize pllutants based n cnsideratins. Step 4. Cllectively develp strategies fr high pririty strmwater prgram issues. Such strategies may include develping cnsistent permit requirements, mdifying Basin Plans, and prviding guidance t supprt technical and regulatry issues. Lead: CASQA Supprt: State and Reginal Water Bards January 2015 Califrnia Strmwater Quality Assciatin Page 11

13 Versin 1 Visin and Strategic Actins Schedule Step Actin/Deliverable Cmpletin Date 1 Identify a mechanism t address high pririty issues Onging 2 Engage stakehlders t priritize issues Identify high pririty strmwater issues Develp strategies fr identified issues thrugh a cllabrative prcess 2016 Actin 2.3 Augment and Implement Basin Plan Amendment Prcess Backgrund Prter Clgne (Sectin 13240) prvides an pprtunity fr the Reginal Bards t peridically review their Basin Plans t ensure the Plans reflect the newest infrmatin/data, are current with State and Federal plicies, and supprt the pririties f the Reginal Water Bard. Basin Plans were primarily develped in the 1970s and 1980s and as a result have limited cnsideratin f wet weather issues. This actin will review adpted water quality bjectives and beneficial uses (i.e., water quality standards) t ensure they are applicable fr wet weather cnditins. Sme Reginal Water Bards have started t address this cncern but with the incrpratin f TMDLs int municipal separate strm sewer system (MS4) permits, this actin will be designed t supprt thse effrts. Gal: Mdify water quality standards t reflect sustainable beneficial uses and the nature and impact f strmwater Prpsed Effrt Step 1. Initiate the Basin Plan amendment prcess r equivalent state r reginal planning effrt based n recmmendatins and pririties established under Actins 1.3 and 2.2 respectively. Step 2. Assess Water Quality Standards per the Califrnia Water Cde Sectin Wrking with the State Water Bard t develp an assessment methd reflective f wet weather cnditins and that wuld address the fllwing factrs t supprt a Basin Plan amendment: 13241(a): past, present, and prbable future beneficial uses f water. One f the mre difficult factrs t evaluate and further guidance by the State is needed t assist Reginal Bards in defining existing and prbable uses (b): envirnmental characteristics f the hydrgraphic unit under cnsideratin, including the quality f water available theret (c): Water quality cnditins that culd reasnably be achieved thrugh the crdinated cntrl f all factrs that affect water quality in the area (d): ecnmic cnsideratins. Anther critical factr as there is significant disagreement between the discharger and envirnmental cmmunity regarding the methd used t cmply with this sectin. Others (Little Hver Cmmissin, Califrnia Cuncil fr Ecnmic and Envirnmental Balance) have recmmended that further guidance by the State is needed (e): the need fr develping husing within the regin (f): the need t develp and use recycled water. January 2015 Califrnia Strmwater Quality Assciatin Page 12

14 Versin 1 Visin and Strategic Actins Step 3. Develp an implementatin prgram cnsistent with t supprt revised Water Quality Standards including a schedule and mnitring prgram. Wrking with the State Water Bard, develp a framewrk fr defining the implementatin prgram required t supprt the revised water quality standards. Step 4. Amend Basin Plans cnsistent with assessment and framewrk develped abve fr wet weather cnditins. During the Triennial review prvide input and data t supprt the recnsideratin f water quality standards including assessment f current beneficial uses and applicatin f water quality bjectives during wet weather cnditins. Lead: Reginal Water Bards Supprt: CASQA Schedule Step Actin/Deliverable Cmpletin Date 1 Initiate Basin Planning statewide Onging 2 Develp Assessment Develp Framewrk Amend Basin Plans Onging Actin 2.4 Develp Plicies and Permitting Framewrk t Supprt Sustainable Strmwater Management Backgrund EPA regulatins, plicies, and guidance prvide the pprtunity t address water quality issues thrugh an adaptive management and sustainable prcess. EPA has recently adpted a strategy t supprt the adptin f green infrastructure as a means f supprting water quality and cmmunity develpment gals. These actins will prvide plicy guidance t assist MS4 and ther permittees with an verall apprach t prtect water quality thrugh an adaptive management prcess. This guidance may be prvided in a Statewide Strmwater Plicy, standard permit cnditins, r equivalent dcument. Gal: Develp a regulatry framewrk fr strmwater that will prvide statewide cnsistency in permitting and TMDL implementatin and supprt the implementatin f sustainable strmwater prgrams. Prvide definitins and requirements as needed t clarify expectatins fr MS4 prgrams. Ensure that the framewrk is implemented statewide. Prpsed Effrt Step 1. Identify cnstraints and incnsistencies. Cnfer with interested parties t identify the cnstraints and incnsistencies as well as benefits and challenges f existing plicy and permitting effrts. Priritize the challenges fr subsequent attentin in Step 2 belw. It is likely that tw f the mst imprtant challenges will be defining MEP and creating sustainable cmpliance pathways fr TMDLs and receiving water limitatins (RWL). Step 2. Define MEP, RWL and TMDL cmpliance. Stipulate the mandatry requirements fr strmwater prgram implementatin t define MEP using the wrk already cmpleted by CASQA and the Reginal Water Bards Executive Officers. Likewise, develp an adaptive January 2015 Califrnia Strmwater Quality Assciatin Page 13

15 Versin 1 Visin and Strategic Actins management apprach fr TMDL develpment and implementatin and cmpliance with receiving water limitatins. Step 3. Define baseline mnitring requirements. Cnvene stakehlders t clarify purpse f the mnitring effrt, t clarify standard mnitring methds and prcedures, and establish mandatry reprting requirements and frmat. Step 4. Develp a statewide plicy fr strmwater. The plicy shuld supprt an apprach that incrprates adaptive management, prvides a lgical and prgressive pathway t water quality prtectin and prmtes green infrastructure. As such the apprach shuld prgress frm a narrative definitin f technlgy based effluent limits t numeric based technlgy based effluent limits t narrative water quality based effluent limits (WQBELs) and ultimately and, if required, numeric WQBELs. Step 5. Incrprate Adaptive Management as a pathway fr cmpliance with water quality standard and TMDLs int all MS4 NPDES permits. This apprach wuld als include the need t prvide ptins fr reviewing and mdifying TMDLs based n new infrmatin/technlgy, mnitring results, etc. Lead: State and Reginal Water Bards Supprt: CASQA Schedule: Step Actin/Deliverable Cmpletin Date 1 Identify Cnstraints Define MEP, RWL, and TMDL cmpliance strategies Develp baseline mnitring requirements Develp statewide plicy fr strmwater Incrprate Adaptive Management as cmpliance pathway Onging Actin 2.5 Establish Guidance/Tls t Supprt Sustainable Strmwater Prgrams Backgrund We need updated technical guidance t supprt the lng- term success f the strmwater prgram.. Sme f the current guidance is dated and des nt reflect new pririties f sustainable water use and a fcus n lw impact develpment / green infrastructure and true surce cntrl. It will be necessary t prvide updated r additinal guidance t address these pririties and strategies identified in Actin 2.2. Gal: T ensure technical and regulatry guidance is prvided t supprt sustainable strmwater prgrams. January 2015 Califrnia Strmwater Quality Assciatin Page 14

16 Versin 1 Visin and Strategic Actins Prpsed Effrt Step 1. Update CASQA BMP Handbks. As new infrmatin and technical advances take place the CASQA BMP Handbks will need t be updated. Such updates shuld cincide with the updates f the relevant General Permit. Step 2. Develp Guidance fr Regulatry Pririties. Pending the results f Actin 2.2, it may be necessary t prvide guidance t develp site specific bjectives, develp technlgy based effluent limits, characterize natural surces, supprt a high flw suspensin, r develp wet weather standards. Step 3 Update CASQA Prgram Effectiveness Assessment Manual. MS4s are cntinually trying t imprve their strmwater prgrams bth in effectiveness in addressing water quality issues and in efficiency in minimizing prgram csts. The CASQA prgram effectiveness assessment prvides the basis fr such imprvements but shuld be revised t reflect the watershed apprach currently being prvided fr in permits (see Actin 2.6 belw) that allw agencies t fcus their resurces n water quality pririties. Lead: CASQA Supprt: State and Reginal Water Bards Schedule Step Actin/Deliverable Cmpletin Date 1 Update BMP handbks Onging 2 Guidance fr Regulatry Pririties Onging 3 Imprve/Revise Prgram Effectiveness Manual 2015 Actin 2.6 Establish watershed based r equivalent prgram Backgrund The Natinal Research Cuncil nted the greatest imprvement t EPA s strmwater prgram wuld be t cnvert t a watershed based permitting system. The Little Hver Cmmissin in Califrnia has als recmmended the State emphasize a watershed- based apprach. Recent MS4 permits in Califrnia (e.g., Ls Angeles cuntywide and San Dieg cuntywide) have reflected a fcus n watersheds. Gal: Develp prcess fr implementing watershed based appraches fr the MS4 prgram. Prpsed Effrt Step 1. Assess effrts in Ls Angeles, Bay area, and San Dieg t identify the benefits, the challenges, and any recmmended changes. Step 2. Wrk with the State Water Bard t incrprate watershed based planning int all MS4 NPDES permits. The permits shuld highlight the need t priritize watershed based water quality issues and encurage implementatin f strmwater prgrams at the watershed level. January 2015 Califrnia Strmwater Quality Assciatin Page 15

17 Versin 1 Visin and Strategic Actins Step 3. Create pprtunities fr reginal slutins. Initial strmwater permits discuraged reginal slutins t water quality issues but mre recently this apprach has been updated and reginal appraches are allwed. The State Water Bard shuld be encuraged t find ways t incentivize reginal slutins as part f the State s Strm Water Strategic Initiative. Step 4. Create a pllutant trading/credit prgram framewrk. Water quality trading is an innvative apprach t achieve water quality gals mre efficiently and is especially suited fr prjects and prgrams that are watershed based and subject t a TMDL. A pilt prject shuld be identified and implemented. Lead: CASQA Supprt: State and Reginal Water Bards Schedule Step Actin/Deliverable Cmpletin Date 1 Cnduct assessment f watershed prgrams Incrprate Watershed Planning int Permits Onging 3 Create pprtunities fr reginal slutins Onging 4 Create pllutant trading framewrk 2015 Actin 2.7 Create Funding Opprtunities Backgrund Municipal strmwater systems are public facilities, but they differ frm ther public utilities such as water, sewer, gas, electric and trash in ne key aspect: ther utilities existed prir t the passage f Prpsitin 218 and are financially supprted by service fees. By cmparisn, mst strmwater prgrams rely n the public agency s general funds. This presents a majr challenge fr elected fficials t balance the funding f the strmwater prgram with ther prgrams supprted by the general fund, including such things as law enfrcement, fire, paramedics, parks, street lighting, and libraries. Stable and sufficient revenue surces are required t supprt strmwater prgrams. The passage f AB 2403 prvides an ptin fr funding fr the capital prtin f prjects that cnserve r use strmwater. Implementing any f the ptential available funding scenaris will be successful with brad public supprt. Fr the purpse f this actin, it is assumed that either an exemptin t, r vte under Prpsitin 218, must be undertaken. T implement this actin, we will develp and crdinate the develpment f educatinal materials and infrmatin t infrm the Gvernr s Office, Califrnia State Legislatrs, and the regulated cmmunity n the fiscal issues public agencies face in cmplying with NPDES permit requirements using general fund resurces. We will prvide crdinatin amng the MS4s t ensure that there is a unified vice prmting the same message t all f the identified audience. Gal: T develp and implement ne r mre viable funding ptins fr municipalities t supprt their strmwater prgrams t cmpletely r partially eliminate reliance n general funds. Prpsed Effrt Step 1. Determine an apprpriate methd(s) t fund strmwater prgrams. Optins will include an amendment t Prpsitin 218, r a Prpsitin 218 vte fr strmwater fees (statewide), January 2015 Califrnia Strmwater Quality Assciatin Page 16

18 Versin 1 Visin and Strategic Actins r develping a prgram based n prducer fees r a cmbinatin f revenue surces. Fllwing this determinatin, a technical cmmittee will be frmed t implement the preferred curse f actin. Step 2. Develp a message using the results f Actin 3.2 t highlights the strmwater quality issues facing Califrnia, and specific infrmatin n required funding t achieve prgram gals. These dcuments will be used t help educate legislatrs whse districts are lcated in the regin and key stakehlders in the regin (lcal chambers f cmmerce, etc.). Step 3. Secure the supprt f key businesses, nn- gvernmental and trade rganizatins. Belw is a partial list f rganizatins that need t be cntacted: Califrnia Building Industry Assciatin and lcal chapters Califrnia Business Prperties Assciatin Natinal Assciatin f Industrial and Office Prperties and lcal chapters Building Owners and Managers Assciatin f Califrnia and lcal chapters Internatinal Cuncil f Shpping Centers Assciated General Cntractrs f Califrnia Califrnia Alliance fr Jbs ACEC Califrnia Cnstructin Emplyers Assciatin CICWQ Califrnia Chamber f Cmmerce Lcal Chambers f Cmmerce Varius nn- gvernmental rganizatins Water Agencies Suthern Califrnia Strmwater Cmmittee Step 4. Crdinate the develpment and distributin f infrmatin regarding the challenges f financing and maintaining imprvements fr strmwater infrastructure. Initiate cntact with the fllwing (partial list): Meet with the Gvernr s Legislative Unit Meet with the State Water Bard, Strategic Grwth Cuncil, thers as identified Meet with any legislatrs that have intrduced legislatin that may prvide slutins t the issue Ensure stakehlders are meeting with their State Assembly Members and State Senatr. Lead: League f Califrnia Cities; Califrnia State Assciatin f Cunties Supprt: CASQA Schedule: Step Actin/Deliverable Cmpletin Date 1 3 Tw technical memrandums: Message Develpment, and Stakehlder 2015 Crdinatin 4 Technical Memrandum describing prpsed funding plan 2015 January 2015 Califrnia Strmwater Quality Assciatin Page 17

19 Versin 1 Visin and Strategic Actins Principle Public awareness, understanding, and appreciatin f the value f strmwater is required. Strmwater agencies need t educate the public abut the value f water. Dmestic water is relatively inexpensive and abundant in the U. S. The recurring drught and ppulatin increases have begun t strain the strage and delivery infrastructure in Califrnia and the suthwest. CASQA believes that management f water resurces in Califrnia must change. T make the necessary changes, we must have public supprt. Actin 3.1 Create pprtunities fr multiple agency and cllabrative effrts t demnstrate the value f strmwater t the public Backgrund The public is mre likely t supprt infrastructure prjects that are multi- bjective and multi- benefit as cmpared t single- purpse prjects. The ptential number f funding surces is greater fr multi- bjective prjects. Multi- bjective prjects are mre cmplex wing t disparate funding surces, and the requirements f varius public agencies. Hwever, multi- bjective prjects have additinal benefits as cmpared t single use prjects, and generally will have a cmparatively higher return n investment fr the public. An example wuld be a green street prject that is als a cmplete street t enhance mbility, as well as safe rutes t schls prject. Gal: Establish and define a basic set f multi- benefit prjects and prgrams that a stakehlder agency can initiate. Prpsed Effrt Step 1. Identify stakehlder agencies t participate in this actin. Ptential candidate prjects and prgrams we will cnsider: Water Supply Grundwater Recharge Recreatinal Facilities Transprtatin Municipal Infrastructure Identify funding surces that each agency uses fr capital imprvements, prgrams, maintenance, and land acquisitin and the limitatins n the use f thse funds. Step 2. We will identify at least ne multi- benefit prject type r prgram that includes tw r mre agencies listed in Step 1 that can be implemented by municipalities r ther stakehlders. We will create demnstratin prjects that can be implemented by Permittees statewide. Fr each multi- benefit prject r prgram, we will develp a detailed rad map r mdel manual fr the prject describing: Apprval prcesses Funding surces and limitatins Benefits f prject Preferred applicatin envirnment Idealized schedule January 2015 Califrnia Strmwater Quality Assciatin Page 18

20 Versin 1 Visin and Strategic Actins Multi- benefit prjects shuld fcus n urban infrastructure and include the fllwing: Transfrm existing fld cntrl facilities t ptimize use f strmwater Day lighting f streams Vlume and flw reductin hydrmdificatin cntrls Prtect stream habitat Step 3. Publish a reprt n the findings f this actin with cmpleted prject scenaris. Lead: CASQA Supprt: Agencies T be determined Schedule Step Actin/Deliverable Cmpletin Date 1 Identify Stakehlders t participate Identify Multi- benefit prjects Prduce Technical Memrandum 2016 summarizing results 3 Publish reprt f findings 2017 Actin 3.2 Create statewide message that establishes strmwater as a resurce Backgrund We believe the MS4 prgrams shuld have a cnsistent message t use in public educatin and utreach t create the best ptential fr change in public pinin and educatin. Ideally, a cmmn message will be used acrss agencies as well including by the State Water Bard, Reginal Water Bards and Department f Water Resurces. The statewide cnsistent message shuld be supprted by the State and Reginal Water Bards thrugh MS4 Permits, as an ptin available t the Permittee fr public educatin. Gal: Develp a message and utreach materials prmting strmwater as a resurce fr use in public educatin. Prpsed Effrt Step 1. Cnvene a steering cmmittee t direct the develpment f the message. Steering cmmittee members will be cmprised f members frm the fllwing entities: Municipalities State and Reginal Water Bards Department f Water Resurces Water Districts Step 2. Draft a scpe f wrk. The steering cmmittee will draft a scpe f wrk and request fr prpsal (RFP) fr services t develp the utreach message, materials and methd f disseminatin t the public. The scpe f services will include an actin t identify the apprpriate and unique target audiences, and messages and delivery custmized t each target audience. Wrk will als include a public utreach plan that uses all traditinal and January 2015 Califrnia Strmwater Quality Assciatin Page 19

21 Versin 1 Visin and Strategic Actins scial media frmats. Step 3. Implement the public utreach plan. We will crdinate utreach statewide with all cperating agencies. Lead: CASQA Supprt: State Water Bard, Caltrans, envirnmental NGOs Schedule Step Actin/Deliverable Cmpletin Date 1 2 Scpe f Wrk and selectin f cnsultant, cmpletin f statewide message Incrpratin f ptin int MS4 Permits, implement recmmended plan 2016 January 2015 Califrnia Strmwater Quality Assciatin Page 20

22 Versin 1 Visin and Strategic Actins Visin Backgrund The strmwater prgram is entering its third decade f implementatin by MS4 prgrams. Permittees have made great strides t address strmwater and t minimize its impact n lcal receiving waters thrugh fcused utreach t the public, and an increased knwledge base n effective pllutant remval strategies. Municipal NPDES permits have evlved substantially, generally building n the riginal apprach framed by the EPA fr the Phase I prgram. The apprach described in current Permits is t reduce pllutants in runff t the maximum extent practicable thrugh the implementatin f best management practices. MEP was designed as a flexible technlgy- based standard that wuld change ver time t reflect evlving understanding f pllutant surces and strmwater treatment technlgies. An additinal requirement in permits is t cmply with water quality standards, especially as implemented thrugh TMDLs. The MEP apprach has been applied by Permittees t bth the built envirnment during redevelpment prjects and the urbanizing fringe with new develpment prjects, with varying levels f success. New develpment prgrams fr cntrl f runff water quality frm the urbanizing fringe have been relatively successful. Permittees have used lw impact develpment (LID r green infrastructure) and end f pipe treatment (gray infrastructure) t imprve water quality. Permittees have been less successful imprving water quality frm existing develpment. Traditinal urban design principles resulted in a landscape that mves strmwater quickly ff- site fr cnveyance t receiving waters. Permittees have fund that retrfit f the strmwater system with LID measures and end f pipe treatments in the existing envirnment is cstly, technically difficult, and requires time t plan and significant resurces t fund the capital imprvement prjects. Permittees have als fund that it is nt technically feasible t retrfit all existing develpment with treatment BMPs and they d nt believe this wuld be the mst envirnmentally and cst- effective apprach fr imprving water quality. We have identified a fundamental flaw in the current apprach t imprving water quality, which is that the municipalities have limited cntrl ver the generatin and release f pllutants int the envirnment, and a limited number f cst- effective tls t imprve runff water quality. The new utcme- based Permit strategies develped by the Water Bards will require increased accuntability f the Permittee, but the current technical cnstraints will limit imprvements in receiving water quality. The strmwater prgram manager needs regulatry assistance alng with new surce cntrl and treatment cntrl tls t cmply with Permit requirements. Drivers fr the New Apprach We have identified several drivers fr change fr the strmwater prgram. At the mst basic level, we find the current prgram is failing t meet the gals f the Clean Water Act within a timeframe deemed reasnable by the stakehlders. We find the drivers fr a new apprach are: 303(d) listings and TMDLs. Mre and imprved mnitring has identified water bdies that are nt meeting water quality standards. These water bdies are being listed as impaired under Sectin 303(d) f the CWA with pllutant- specific waste lad allcatins incrprated int municipal strmwater NPDES permits. The number f 303(d) listed waters and the number f existing and prpsed TMDLs are grwing rapidly. The (d) list in Califrnia has 3,500 waterway- pllutant listings. Adding additinal TMDL water bdies is ultimately unsustainable frm bth a regulatry and permittee (implementatin) standpint. Cmpliance with Water Quality Standards. As currently regulated in MS4 NPDES permits, municipal discharges must cmply with water quality standards. This interpretatin has been January 2015 Califrnia Strmwater Quality Assciatin Page 21

23 Versin 1 Visin and Strategic Actins recently been supprted by the Ninth Circuit Curt f Appeal. This curt s decisin has accelerated the need t identify a lng- term slutin t strmwater management. Water quality bjectives were initially develped t prtect water bdies frm the cntinuus and relatively hmgenus discharges f wastewater. The receiving water quality standards d nt reflect the dynamic cnditins fund in strmwater discharges, r the intermittent nature f the discharges. As a result, we find that Basin Plans are f limited value in defining standards fr wet weather cnditins; hwever, we are in nn- cmpliance with water quality standards. Permittees must be able t clearly cmmunicate the need and cnsequences f inactin t the public, s that strmwater prgram resurces can be priritized alng with ther scial prgrams funded by lcal and state gvernments. The public will nt invest resurces t crrect administrative water quality prblems when n actual beneficial use impairments exist, r exist frm natural surces. We find this prblem t be particularly acute fr sanitary quality standards, where bdy cntact regulatin is nt a practical beneficial use during perids f high flws. Strmwater as a valuable resurce. The current drught cnditins in Califrnia have sptlighted the value f strmwater as part f the slutin t prviding a reliable and sustainable water supply. Thus we need t address strmwater mre as an imprtant resurce and less as a surce f pllutin. Prgram Funding. We have nt been able t dedicate enugh resurces fr water quality.. Mst strmwater prgrams are paid fr with the general funds f cities and cunties (primarily thrugh prperty and lcal sales taxes). This presents a majr challenge fr elected fficials t balance the funding f the strmwater prgram with ther prgrams supprted by the general fund, including such things as law enfrcement, fire prtectin, and ther essential services. Sustainable Infrastructure. In Octber 2014 EPA jined with thers t supprt the Green Infrastructure Cllabrative 2. By jining the Cllabrative, the signatry rganizatins cmmit t using the netwrk t advance the adptin f green infrastructure as a means f supprting water quality and cmmunity develpment gals. These cllective effrts will highlight the brad cmmunity benefits f green infrastructure including imprved air quality, reduced energy use, mitigated climate change effects, and enhanced ecnmic and scial impacts. The Cllabrative is intended t facilitate cperatin, crdinatin, and effective cmmunicatin amng the signatry rganizatins in a way that will encurage widespread adptin f green infrastructure where apprpriate. 2 January 2015 Califrnia Strmwater Quality Assciatin Page 22