Visin and Strategic Actins fr Managing Strmwater in the 21st Century Visin Manage strmwater as a vital cmpnent f Califrnia s water resurces in a sustainable manner, t supprt human and eclgical needs, t prtect water quality, and t enhance and restre ur waterways. Califrnia Strmwater Quality Assciatin Versin 1.1 December 2017
Visin and Strategic Actins fr Managing Strmwater in the 21st Century Visin Manage strmwater as a vital cmpnent f Califrnia s water resurces in a sustainable manner, t supprt human and eclgical needs, t prtect water quality, and t enhance and restre ur waterways. December 2017 Califrnia Strmwater Quality Assciatin i
Versin 1.1 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 beneficial uses, and efficiently minimizes pllutin. Principle : Plicies, regulatins, guidance, training, and funding need t supprt sustainable strmwater management. Principle : Public awareness, understanding, and appreciatin f the value f strmwater is essential t sustainable strmwater management. December 2017 Califrnia Strmwater Quality Assciatin ii
Versin 1.1 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. CASQA develped this Visin and Strategic Actins fr itself, its members, and the public t pursue a cmprehensive plan fr strmwater that will achieve the gals f the Clean Water Act and sustainable strmwater management. December 2017 Califrnia Strmwater Quality Assciatin iii
Versin 1.1 Visin and Strategic Actins Preface The strmwater prgram is in its third decade f implementatin by municipal separate strm sewer systems (MS4s). Permittees have made great strides t address the impact f strmwater n lcal receiving waters thrugh fcused utreach t the public and an increased knwledge base n effective pllutant remval strategies. MS4 permits have evlved substantially, generally building n the riginal apprach framed by the U.S. Envirnmental Prtectin Agency (EPA) fr the Phase I prgram. The apprach described in current permits is t reduce pllutants in runff t the maximum extent practicable (MEP) thrugh the implementatin f best management practices (BMPs). 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 ttal maximum daily lads (TMDLs). The MEP apprach has been applied by permittees t bth the built envirnment during redevelpment and the urbanizing fringe with new develpment, 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 further, retrfitting is nt the mst envirnmentally and cst-effective apprach fr imprving water quality. Drivers fr the New Apprach There are several drivers fr change fr the strmwater prgram. At the mst basic level, the current prgram is failing t meet the gals f the Clean Water Act (CWA) within a timeframe deemed reasnable by the stakehlders. Drivers bth challenges and pprtunities fr a new apprach are: Challenges 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 (WLAs) incrprated int municipal strmwater Natinal Pllutant Discharge Eliminatin System (NPDES) permits. The number f 303(d) listed waters and the number f existing and prpsed TMDLs are grwing rapidly. The 2008-2010 303(d) list in Califrnia has 3,500 waterway-pllutant listings. Adding mre TMDL water bdies is ultimately unsustainable frm bth a regulatry and permittee (implementatin) standpint. There are far t many ptential pllutants in the envirnment t address them n a pllutant-by-pllutant basis. Additinally, the TMDL regulatins (CWA Sectins 303(d e); 40 CFR 130.7) were develped almst 20 years befre EPA started t regulate strmwater, therefre the regulatins are based n a wastewater mdel. Wastewater riginates in a human-made, clsed system (sinks, tilets, etc.,) that is relatively cntrllable. Accrdingly, the TMDL regulatins are based n the presumptin that BMPs exist and are pwerful enugh t reduce pllutants t achieve WLAs. December 2017 Califrnia Strmwater Quality Assciatin iv
Versin 1.1 Visin and Strategic Actins On the ther hand, strmwater riginates frm a natural, utdr, and pen system that is inherently less cntrllable than wastewater. S, the presumptin that BMPs exist fr strmwater, let alne are pwerful enugh t achieve WLAs, is highly questinable. And yet, mst TMDLs are written and adpted as if the presumptin f BMPs is true fr strmwater. Hence, the regulatin f strmwater seems theretical and ut f tuch with the technical reality f strmwater management. Cmpliance with Water Quality Standards. As currently regulated in MS4 permits, strmwater permittees must cmply with water quality standards. This interpretatin was supprted by the Ninth Circuit Curt f Appeals. This curt s decisin has accelerated the need t identify a lngterm slutin t strmwater management that will supprt affrdable cmpliance with numeric standards. Water quality bjectives were initially develped t prtect water bdies frm the cntinuus and relatively hmgenus discharges f wastewater. Like the TMDL regulatins, 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, strmwater prgrams struggle t attain the existing standards in Basin Plans as they prvide limited value in defining standards fr wet weather cnditins. The public will nt invest resurces t crrect administrative water quality prblems when n actual beneficial use impairments exist, r the existence f the impairment is due t natural surces. This prblem tends t be particularly acute fr recreatin quality standards, where regulatin t prtect swimmers is nt a practical beneficial use during perids f high flws. Prgram Funding. Sufficient resurces need t be dedicated t water quality. Mst strmwater prgrams are funded thrugh municipal general funds. The current funding structure presents a majr challenge fr elected fficials as they must 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. Permittees must be able t clearly cmmunicate the need and cnsequences f inactin t the public, s that resurces fr strmwater prgrams can be priritized alng with ther scial prgrams funded by lcal and state gvernments. Opprtunities Strmwater as a valuable resurce. Recurring drught cnditins in Califrnia have sptlighted the value f strmwater as part f the slutin t prviding a reliable and sustainable water supply. Strmwater needs t be addressed mre as an imprtant resurce and less as a surce f pllutin. Ascent f surce-based BMPs. BMPs are anther area where the wastewater mdel is misleading if applied as is t strmwater. First and fremst, the BMPs fr wastewater are treatment (e.g., primary, secndary) and imprved BMPs tend t be mre r higher levels f treatment (e.g., tertiary). On the ther hand, the best management practices fr strmwater tend t be thse fcused n the surces f strmwater pllutin. Strmwater pllutin is made up f tw parts r surces strmwater cmbining with ptential pllutants. Minimize the chances fr that cmbinatin and strmwater pllutin is avided r prevented with little r n pllutin reductin required. Preventin can be accmplished by reducing either r bth f the tw parts. Green Infrastructure reduces the amunt f strmwater and True Surce Cntrl reduces the amunt f ptential pllutants. December 2017 Califrnia Strmwater Quality Assciatin v
Versin 1.1 Visin and Strategic Actins Green Infrastructure EPA states Green infrastructure is a cst-effective, resilient apprach t managing wet weather impacts that prvides many cmmunity benefits. While single-purpse gray strmwater infrastructure cnventinal piped drainage and water treatment systems is designed t mve urban strmwater away frm the built envirnment, green infrastructure reduces and treats strmwater at its surce Green infrastructure slws runff by dispersing it t vegetated areas, harvests and uses runff, prmtes infiltratin and evaptranspiratin, and uses biretentin and ther green infrastructure practices t clean strmwater runff. True Surce Cntrl True surce cntrl fcuses n the riginal surce f ptential pllutants by eliminating r significantly reducing the existence f ptential pllutants, thereby negating the need t prevent cntact between ptential pllutants and strmwater r t treat the pllutants ut f strmwater. That fcus is different than that f peratinal surce cntrls, which physically keep the ptential pllutants frm cntacting rainfall and strmwater runff thrugh cvering / cntaining, berming, r cleaning. That difference in fcus between the current surce and the riginal surce is similar t the directinal difference between cmpass nrth and true nrth. December 2017 Califrnia Strmwater Quality Assciatin vi
Versin 1.1 Visin and Strategic Actins Table f Cntents Visin... i Guiding Principles... ii Purpse... iii Preface... iv Table f Cntents... vii Principle Sustainable strmwater management uses runff as a resurce, prtects water quality and beneficial uses, and efficiently minimizes pllutin.... 1 Actin 1.1 Develp Guidance fr Integrated Management f Water Resurces that Prmtes Strmwater as a Resurce... 1 Actin 1.2 Identify Cnstraints and Opprtunities fr Maximizing Strmwater as a Resurce... 3 Actin 1.3 Prvide Effective and Efficient Slutins thrugh True Pllutant Surce Cntrl... 5 Actin 1.4 Wrk with DPR t Cntrl Txicity in Receiving Waters frm Pesticide Applicatin... 6 Principle Plicies, regulatins, guidance, training, and funding need t supprt sustainable strmwater management.... 8 Actin 2.1 Clarify Regulatins... 8 Actin 2.2 Articulate Strmwater Prgram Pririties... 9 Actin 2.3 Augment and Implement Basin Plan Amendment Prcess... 10 Actin 2.4 Develp Plicies and Permitting Framewrk t Supprt Sustainable Strmwater Management... 12 Actin 2.5 Establish Guidance/Tls t Supprt Sustainable Strmwater Prgrams... 14 Actin 2.6 Establish Watershed-Based r Equivalent Prgram... 15 Actin 2.7 Create Funding Opprtunities... 16 Actin 2.8 Survey Needs and Identify Csts... 20 Principle Public awareness, understanding, and appreciatin f the value f strmwater is essential t sustainable strmwater management.... 23 Actin 3.1 Create Opprtunities fr Multiple Agency and Cllabrative Effrts t Demnstrate the Value f Strmwater t the Public... 23 Actin 3.2 Create Statewide Message that Establishes Strmwater as a Resurce... 24 December 2017 Califrnia Strmwater Quality Assciatin vii
Versin 1.1 Visin and Strategic Actins Principle Sustainable strmwater management uses runff as a resurce, prtects water quality and beneficial uses, and efficiently minimizes pllutin. Strmwater is a resurce, with scial, ecnmic, and eclgical value and shuld be managed in a sustainable manner. 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 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 Develp Guidance fr Integrated Management f Water Resurces that Prmtes Strmwater as a Resurce 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, t truly integrate strmwater with the ther water resurces in Califrnia, and t help agencies understand hw strmwater will be used as a prductive part f the state s water supply. Similarly, the Sustainable Grundwater Management Act (SGMA) 1 requirements and Grundwater Sustainability Plan (GSP) regulatins present pprtunities t crdinate strmwater and grundwater management. Fr example, under SGMA, Grundwater Sustainability Agencies, as they develp their GSPs, must address any surface and grundwater interactin r intercnnectin. Additinally, there may be ther integrative effrts in which strmwater shuld be a mre significant element and that wuld benefit frm mre infrmatin and guidance n strmwater. Nte: This actin is clsely related t Actin 3.1 Create pprtunities fr multiple agency and cllabrative effrts t demnstrate the value f strmwater t the public. The actins share the subject f strmwater as a resurce but they differ in their fcus and audience. The fcus f Actin 1.1 is inward tward public agencies and the prductin f guidance fr public agencies. The fcus f Actin 3.1 is utward tward the public and the publicity f prjects and prgrams. Gal: T develp guidance fr IRWMPs and similar effrts that integrates all f Califrnia s water resurces t achieve ptimum use while prtecting the beneficial uses f receiving waters. 1 The legislative intent f the 2014 SGMA is fr grundwater t be managed sustainably in Califrnia s grundwater basins by lcal public agencies and newly-frmed grundwater sustainability agencies (GSAs). In the basins designated by DWR as medium and high pririty, lcal public agencies and GSAs are required t develp and implement grundwater sustainability plans (GSPs) r alternatives t GSPs (Alternatives). Pursuant t Water Cde Sectin 10733.2, DWR drafted and adpted emergency regulatins in May 2016 fr the evaluatin f GSPs and Alternatives, the implementatin f GSPs and Alternatives, and crdinatin agreements. December 2017 Califrnia Strmwater Quality Assciatin 1
Versin 1.1 Visin and Strategic Actins Related STORMS 2 Prject(s) 1a. Prmte Strmwater Capture and Use, 2016-2018 (prject term) 2a. Increase Stakehlder Cllabratin t Prmte Strmwater as a Resurce, 2019-2021 4a. Implement Senate Bill 985 Incrprate Principles f Strmwater Resurce Plan Guidelines int Strmwater Prgrams, 2016-2018 Related Califrnia Water Actin Plan 3 Actin(s) 2. Increase Reginal Self-Reliance and Integrated Water Management acrss All Levels f Gvernment 6. Expand Water Strage Capacity and Imprve Grundwater Management Prpsed Effrts IRWMPs Objective 1. Meet with State Water Bard and Department f Water Resurces (DWR) staff t discuss the gal f Actin 1.1 and develp a prblem statement as well as general steps fr crrective actin. Determine the mst apprpriate apprach t guide the develpment f the strmwater prtin f IRWMPs. Objective 2. Wrk with the State Water Bard and DWR t develp a guide (mdel) fr the integrated use f all water surces in Califrnia that will serve as a required reference dcument during the develpment f IRWMPs. The guide shuld address the fllwing items: Ptential ways that strmwater capture and use can cmplement, rather than cmpete 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 A Water Rights definitin fr captured strmwater, either at the surface r after infiltratin Ptential cnflicts between uses (strmwater use, habitat prtectin, fld cntrl) and prpsed slutins fr cnflicts Criteria fr applicatin f mdel guidelines t IRWMPs Steps fr integrated planning with ther rganizatins and agencies Required partners such as water agencies, etc. Key findings f the STORMS Prject 1a/1b reprt and recmmended actins relevant t IRWMP guidance 2 STORMS is a strategy-based initiative develped and managed by the State Water Bard that is clsely related t this Visin and Strategic Actins. The missin f the Strategy t Optimize Resurce Management f Strmwater (STORMS) is t lead the evlutin f strmwater management in Califrnia by advancing the perspective that strmwater is a valuable resurce, supprting plicies fr cllabrative watershed-level strmwater management and pllutin preventin, remving bstacles t funding, develping resurces, and integrating regulatry and nn-regulatry interests. 3 The Califrnia Water Actin Plan riginally released by the administratin f Gvernr Brwn in January 2014 is a radmap fr the first five years f the state s jurney tward sustainable water management. December 2017 Califrnia Strmwater Quality Assciatin 2
Versin 1.1 Visin and Strategic Actins Objective 3. Wrk with the State Water Bard and DWR t finalize the guide (mdel) by adpting it as a required reference dcument. Develp an implementatin plan, including scpe f wrk, schedule, resurces, and rles (including lead and supprt), and respnsibilities. SGMA Objective 1. Meet with State Water Bard and DWR staff t discuss the gal f Actin 1.1 and hw strmwater agencies can play a significant rle in the develpment f varius GSPs 4 (statewide and lcally), and incrprate strmwater capture and recharge prjects int thse GSPs. Furthermre, identify actins t crdinate with thse DWR and State Water Bard divisins respnsible fr SGMA implementatin. Lead: CASQA Supprt: Department f Water Resurces; State Water Bard Schedule # Objective / Deliverable Cmpletin Date IRWMPs 1 Meetings with State Water Bard, DWR, and thers as apprpriate. 2018 Develp strategy t incrprate strmwater management int IRWMPs. 2 Develp guidance t better integrate strmwater int IRWMPs. 2019 3 Finalize IRWMP strmwater integratin guidance and begin implementatin. 2020 SGMA 1 Meetings with State Water Bard, DWR, and GSAs as apprpriate. Identify actins t crdinate with DWR and State Water Bard and a schedule f implementatin. 2018 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 r SGMA, 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 4 Under SGMA, Sectin 10721. Definitins Undesirable Results, (w) Undesirable result means ne r mre f the fllwing effects caused by grundwater cnditins ccurring thrughut the basin: (6) Depletins f intercnnected surface water that has significant and unreasnable adverse impacts n beneficial uses f the surface water. SGMA Sectin 10727.2. Required Plan Elements (d) Cmpnents relating t the fllwing, as applicable t the basin: (4) Hw recharge areas identified in the plan substantially cntribute t the replenishment f the basin. (5) A descriptin f surface water supply used r available fr use fr grundwater recharge r in lieu use. SGMA Sectin 10727.4. Additinal Plan Elements, a grundwater sustainability plan shall include, where apprpriate and in cllabratin with the apprpriate lcal agencies, all f the fllwing: (f) Activities implementing, pprtunities fr, and remving impediments t, cnjunctive use r undergrund strage. December 2017 Califrnia Strmwater Quality Assciatin 3
Versin 1.1 Visin and Strategic Actins strmwater. The STORMS Prject 1a/1b reprt has begun t identify barriers, drivers, and factrs affecting success with strmwater capture and use and will be used as a resurce fr implementing Actin 1.2 Gal: T identify existing cnstraints and pprtunities t incentivize use f strmwater as a natural resurce. Related STORMS Prject(s) 1a. Prmte Strm Water Capture and Use, 2016-2018 1b. Identify and Eliminate Barriers t Strmwater Capture and Use, 2016-2019 1c. Increase Strmwater Capture and Use thrugh Regulatry Appraches, 2019-2021 1d. Develp and Establish a Mnetary Value f Strmwater, 2019-2023 Related Califrnia Water Actin Plan Actin(s) 1. Make Cnservatin a Califrnia Way f Life Prpsed Effrt Objective 1. Survey agencies and review recently adpted MS4 permits t identify key cnflicts and cnstraints fr identifying and implementing prjects that use strmwater. Use the STORMS Prject 1a/1b Reprt as a starting pint t develp the survey. Meet with the State Water Bard and DWR t discuss the findings. Objective 2. Based n the results f the survey, meetings with DWR and State Water Bard in Objective 1, and the STORMS Prject 1a/1b Reprt, develp recmmendatins fr ways in which future regulatins and guidance 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 STORMS prgram. Objective 3. Wrk with the State Water Bard and 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 Schedule # Objective / Deliverable Cmpletin Date 1 Survey and technical memrandum identifying cnstraints. 2018 2 Recmmendatins fr incentivizing strmwater use and remving cnstraints. 2018 3 Wrk with State Water Bard and DWR t incrprate cnsideratin f strmwater as a resurce in future regulatins and establish a statewide gal. Onging as needed December 2017 Califrnia Strmwater Quality Assciatin 4
Versin 1.1 Visin and Strategic Actins 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 effective and ecnmical. Fr example, it is difficult 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 5 may ultimately ffer the mst effective and ecnmical apprach t the eliminatin f many pllutants that impair beneficial use f waters. 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. Related STORMS Prject(s) 6b. Identify Opprtunities fr Surce Cntrl and Pllutin Preventin, 2016-2020 Prpsed Effrt Objective 1. Assemble a scpe f wrk fr a technical reprt t identify pllutants in strmwater that impact lcal receiving waters. This effrt will largely be a cmpendium f MS4 annual reprts arund the state. Assemble a technical advisry team t versee the develpment f the technical reprt. Objective 2. Prepare a technical reprt per significant pllutant that describes the causes f receiving water impairment in urban areas, defines each pllutant and assesses the degree f pllutant cntrl available t municipalities. As an example, each pllutant may be assessed accrding t the fllwing categries: Surce characterizatin surces, pathways (e.g., strmwater, air depsitin), fate; relative amunts f pllutant / uncertainty per pathway Whether remval is available thrugh cst effective treatment cntrls Whether true surce cntrl is feasible r cst effective Whether a Green Chemistry apprach is apprpriate, and fr what industry The reprts shuld identify partners fr cllabratin t implement the cntrl fr each f the categries defined abve. The reprts shuld als include a priritized implementatin plan. Objective 3. Prvide State Water Bard with recmmended actins t supprt true pllutant surce cntrl cnsistent with STORMS Prject 6b. Wrk with the State Water Bard, Department f Txic Substances Cntrl (DTSC), and ther agencies t supprt develpment f partnerships and cllabratin and ther actins identified in the 5 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, as ppsed t physically keeping the ptential pllutant frm cntacting rainfall and strmwater runff thrugh cvering / cntaining, berming, r cleaning (i.e., peratinal surce cntrl). December 2017 Califrnia Strmwater Quality Assciatin 5
Versin 1.1 Visin and Strategic Actins technical reprts t supprt true pllutant surce cntrl. Wrk with EPA t implement true surce cntrl wrk thrugh educatin and regulatin. Lead: CASQA Supprt: Pllutant-dependent Schedule # Objective / Deliverable Cmpletin Date 1 2 Technical Reprt(s) n pllutant(s) surces and cntrls. 2018 3 Crdinatin with State Water Bard, DTSC, and EPA. Onging 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 EPA, are present in cncentratins t lw t be practical t remve frm strmwater but are cmmnly fund in sufficient quantities t cause txicity in receiving waters. They may als be synergistic in effect, cmbining t cause greater txicity. Widespread txicity due t urban-use diazinn and chlrpyrifs in urban water bdies was discvered in the mid 1990s. Txic levels f ther urban use pesticides, including pyrethrids, fiprnil, and imidaclprid, cntinue t be fund in urban runff and receiving waters. In respnse, CASQA as well as Water Bard staff, have actively advcated fr mre effective, practive regulatin f pesticides by the Califrnia Department f Pesticide Regulatin (DPR), and the EPA Office f Pesticide Prgrams (OPP). In the 2000s, DPR began t imprve its capacity and prcedures fr prtecting urban water quality, and currently has a much mre rbust and effective system fr identifying, preventing, and mitigating pesticide impacts. Currently, the State Water Bard is develping the Urban Pesticide Amendments (Amendments) t the Ocean Plan and Inland Surface Waters, Enclsed Bays, and Estuaries Plan. The Amendments prject is ne f the initial pririties f the State Water Bard s STORMS strategic initiative (Prject 6a - Establish Statewide Framewrk fr Urban Pesticide Reductin). The Amendments are expected t help institutinalize DPR s mre effective, practive regulatin f pesticides. Additinally, the Amendments are expected t include: Pesticide regulatry authrity will be recgnized statewide by State Water Bard plicy as critical fr addressing pesticides in urban runff. As stated in the STORMS fact sheet, The mst effective way t reduce urban pesticide-related impairments nw and int the future is surce cntrl thrugh crdinatin with state and federal pesticide regulatrs. A statewide regulatry framewrk fr addressing urban pesticide impairments will be established that supplants the need fr develping multiple watershed-specific TMDLs. A statewide mnitring framewrk will be established t better crdinate Water Bard, DPR, and MS4 pesticide mnitring t utilize public resurces mre efficiently, satisfy Clean Water Act requirements, and supprt effective pesticide regulatin. Cnsistent, reasnable requirements fr MS4 implementatin. December 2017 Califrnia Strmwater Quality Assciatin 6
Versin 1.1 Visin and Strategic Actins Gal: Develp a regulatry system implemented by EPA OPP and Califrnia DPR t identify whether use f a pesticide pses a threat t water quality, and then restrict r disallw thse uses practively s that water quality impacts are avided. Related STORMS Prject(s) 6a. Establish Statewide Framewrk fr Urban Pesticide Reductin, 2016-2018 Prpsed Effrt Implement the fllwing key bjectives (fr details, see Pesticides Subcmmittee Annual Reprt and Effectiveness Assessment, 2016-2017, CASQA, August 2017) Objective 1. Respnd t the immediate need t participate in EPA pyrethrids, fiprnil, and imidaclprid reviews (the nly such pprtunity fr the next 15 years) and t supprt and encurage DPR steps tward expanded pyrethrids and new fiprnil mitigatin measures. Objective 2. Seek EPA risk mitigatin fr malathin and carbaryl in urban runff and the cntinuatin f traditinal water quality risk assessments in tandem with Endangered Species Act (ESA) evaluatins. Objective 3. Cntinue t leverage successes at the state level as a key stakehlder in the develpment f statewide Water Quality Cntrl Plan Amendments fr urban pesticides reductin. Lead: CASQA Supprt: DPR; State Water Bard; EPA Schedule # Objective / Deliverable Cmpletin Date 1 Registratin reviews and mitigatin measures. Onging 2 Risk mitigatins, and water quality assessments and ESA evaluatins. Onging 3 Amendments adptin. 2018 December 2017 Califrnia Strmwater Quality Assciatin 7
Versin 1.1 Visin and Strategic Actins Principle Plicies, regulatins, guidance, training, and funding need t supprt sustainable strmwater management There is a fundamental flaw in the current apprach t imprving water quality 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 and legal cnstraints will limit imprvements in receiving water quality. Strmwater prgram managers need regulatry assistance alng with new surce cntrl and treatment cntrl tls t cmply with permit requirements. T achieve sustainable strmwater management, a re-examinatin f regulatry and management structures is warranted. Regulatins must supprt the use f adaptive management and alternative cntrl appraches. The public will supprt prgrams that address demnstrated water quality issues. These effrts will require cllabratin amng agencies and industries t affect 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 legally defined as pint surce and is addressed thrugh a pint surce regulatry prgram (i.e., the NPDES prgram). In reality, strmwater is a nn-pint surce (diffuse in nature). 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 (e.g., wastewater), with limited acknwledgement fr the nn-pint surce nature f strmwater (e.g., MEP and BMP cncepts). Curt cases have stipulated that strmwater is a pint surce and subject t the NPDES prgram, therefre the nly ptin available t mdify 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. This change requires a significant undertaking and discussins with all interested parties t develp a brad-based cnsensus f hw best t clarify regulatins 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. Related STORMS Prject(s) 3a. Develp Guidance fr Alternative Cmpliance Appraches fr Municipal Strmwater Permit Receiving Water Limitatins, 2016-2019 3b. Develp Watershed-Based Cmpliance and Management Guidelines and Tls, 2016-2019 3c. Assess Municipal Strmwater Prgram Mnitring and Effectiveness, 2019-2022 3d. Establish Statewide Regulatry Framewrk fr Municipal Strmwater Prgrams, 2019-2024 3e. Standardize Minimum Cntrl Measures fr Specific Municipal Prgram Elements, 2022-2023 5c. Establish Sectr-specific Technlgy-based Numeric Effluent Limitatins fr Industrial and Cnstructin Strmwater Permits, 2022-2028 December 2017 Califrnia Strmwater Quality Assciatin 8
Versin 1.1 Visin and Strategic Actins Prpsed Effrt Objective 1. Cnfer with natinal strmwater rganizatins (e.g., Natinal Municipal Strmwater Alliance (NMSA), Water Envirnment Federatin (WEF), Natinal Assciatin f Fld and Strmwater Management Agencies (NAFSMA), Natinal Assciatin f Clean Water Agencies (NACWA), Natural Resurces Defense Cuncil (NRDC)) 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. Objective 2. Reach ut t state and natinal gvernmental rganizatins (e.g., League f Califrnia Cities (LCC), Califrnia State Assciatin f Cunties (CSAC), Cunty Assciatins f Gvernment) t educate lcal and state elected fficials n the issue. Crdinate with EPA and NGOs. Objective 3. Develp and implement a strategy that wuld redefine strmwater as a nn-pint surce f pllutants. Lead: NMSA; WEF; NAFSMA; Natinal League f Cities; Natinal Assciatin f Cunties; EPA Supprt: CASQA Schedule # Objective / Deliverable Cmpletin Date 1 Cnfer with natinal rganizatins and develp legislative strategy. 2019 2 Educate public fficials. 2020 3 Develp and implement legislative strategy. 2020-2021 Actin 2.2 Articulate Strmwater Prgram Pririties Backgrund Municipalities face many challenges in develping and implementing an effective and sustainable strmwater prgram. Such challenges may be regulatry, technical, r financial in nature. 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. Fr example, the State Water Bard is currently addressing trash thrugh amendments t the Water Quality Cntrl Plans fr the Ocean Waters and the Inland Surface Waters, Enclsed Bays, and Estuaries f Califrnia and has initiated effrts t develp a bacteria initiative relevant t wet weather cnditins. Similar effrts are als underway fr bilgical bjectives. The State Water Bard als develped and is running the STORMS prgram that will help priritize the State s actins. Gal: T ensure the mst critical water quality issues assciated with strmwater are identified and crrespnding strategies develped t address the issues. December 2017 Califrnia Strmwater Quality Assciatin 9
Versin 1.1 Visin and Strategic Actins Related STORMS Prject(s) 3b. Develp Watershed-Based Cmpliance and Management Guidelines and Tls, 2016-2019 Prpsed Effrt Objective 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, Objective 4). Objective 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 Bards, permittees, envirnmental nn-gvernmental rganizatins (NGOs)). Objective 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. Objective 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. Objective 5. Develp and deliver cmments and testimny n technical, regulatry, and legal aspects f pririty issues. Lead: CASQA Supprt: State and Reginal Water Bards Schedule # Objective / Deliverable Cmpletin Date 1 Identify a mechanism t address high pririty issues. Onging 2 Engage stakehlders t priritize issues. 2018 3 Identify high pririty strmwater issues. 2018 4 Develp strategies fr identified issues thrugh a cllabrative prcess. 2019 5 Develp and deliver cmments and testimny. Onging Actin 2.3 Augment and Implement Basin Plan Amendment Prcess Backgrund Prter Clgne (Sectin 13240) prvides an pprtunity fr the Reginal Water Bards t peridically review their Basin Plans t ensure the plans reflect the newest infrmatin and 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. This actin will be designed t supprt thse effrts. December 2017 Califrnia Strmwater Quality Assciatin 10
Versin 1.1 Visin and Strategic Actins Gal: Mdify water quality standards t reflect sustainable beneficial uses and the nature and impact f strmwater. Related STORMS Prject(s): 3d. Establish Statewide Regulatry Framewrk fr Municipal Strmwater Prgrams, 2019-2024 Prpsed Effrt Objective 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. Objective 2. Assess water quality standards per the Califrnia Water Cde Sectin 13241. Wrking with the State Water Bard, develp an assessment methd reflective f wet weather cnditins that wuld address the fllwing factrs t supprt a Basin Plan amendment: 13241(a): past, present, and prbable future beneficial uses f water. Further guidance by the State is needed t assist Reginal Bards in defining existing and prbable uses as this factr is ne f the mre difficult factrs t evaluate. 13241(b): envirnmental characteristics f the hydrgraphic unit under cnsideratin, including the quality f water available theret. 13241(c): water quality cnditins that culd reasnably be achieved thrugh the crdinated cntrl f all factrs that affect water quality in the area. 13241(d): ecnmic cnsideratins. Further guidance by the State is needed as there is significant disagreement between permittees and envirnmental cmmunity regarding the methd used t cmply with this sectin. The need fr further guidance has als been identified by ther rganizatins (e.g., Little Hver Cmmissin, Califrnia Cuncil fr Ecnmic and Envirnmental Balance (CCEEB)). 13241(e): the need fr develping husing within the regin. 13241(f): the need t develp and use recycled water. Objective 3. Develp an implementatin prgram cnsistent with 13242 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. Objective 4. Amend Basin Plans cnsistent with the 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. December 2017 Califrnia Strmwater Quality Assciatin 11
Versin 1.1 Visin and Strategic Actins Lead: Reginal Water Bards Supprt: CASQA Schedule # Objective / Deliverable Cmpletin Date 1 Initiate Basin Planning statewide. Onging 2 Develp 13241 Assessment. 2019 3 Develp 13142 Framewrk. 2020 4 Amend Basin Plans. Onging Actin 2.4 Develp Plicies and Permitting Framewrk t Supprt Sustainable Strmwater Management Backgrund What cnstitutes a strmwater prgram has evlved cnsiderably since the strmwater regulatins were prmulgated in Nvember 1990. In the almst 30 years since, strmwater prgrams have changed frm relatively basic prgrams fcused n strmwater quality t relatively cmprehensive and cmplicated prgrams addressing everything frm Areas f Special Bilgical Significance t watershed management. Despite the evlutin f what cnstitutes a strmwater prgram, the regulatins have nt changed and althugh the permits have gtten lnger and mre cmplex, they are still essentially based n the Part I and Part II permit applicatin requirements frm the 1990 regulatins. EPA regulatins, plicies, and guidance prvide the pprtunity t address water quality issues thrugh an adaptive management and sustainable prcess. Fr example, EPA 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. Related STORMS Prject(s) 3c. Assess Municipal Strmwater Prgram Mnitring and Effectiveness, 2019-2022 3d. Establish Statewide Regulatry Framewrk fr Municipal Strmwater Prgrams, 2019-2024 5d. Align Water Quality Statewide Planning Effrts with Strmwater Prgram Implementatin Pilt Prject Using the Bilgical Integrity Plan, 2019-2021 Prpsed Effrt Objective 1. Identify cnstraints and incnsistencies. Use the first f tw EPA-spnsred Municipal Strmwater Permit Evlutin wrkshps (December 2017) t 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 Objective 2 belw. It is likely that tw f the mst imprtant challenges December 2017 Califrnia Strmwater Quality Assciatin 12
Versin 1.1 Visin and Strategic Actins will be defining MEP and creating sustainable pathways fr achieving TMDL waste lad allcatins (WLAs) and cmplying with receiving water limitatins (RWL). Objective 2. Define MEP and RWL cmpliance and TMDL implementatin. Stipulate the mandatry requirements fr strmwater prgram implementatin t define MEP using the wrk already cmpleted by CASQA, State Water Bard executive management, Reginal Water Bards Executive Officers, and EPA Regin IX strmwater staff, (Statewide Strmwater Permit Design Review, 2011-2012). Likewise, develp an adaptive management apprach fr TMDL develpment and implementatin and cmpliance with receiving water limitatins. Define any additinal pririties identified in Objective 1, and develp a scpe(s) and schedule(s) t address in subsequent bjectives. Objective 3. Define baseline mnitring requirements. Use the secnd f tw EPA-spnsred Municipal Strmwater Permit Evlutin wrkshps (March 2018) and fllw-up t cnvene stakehlders t clarify purpse f the mnitring effrt, t clarify standard mnitring methds and prcedures, and establish mandatry reprting requirements and frmat. Objective 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 (TBELs) t numeric based technlgy based effluent limits t narrative water quality-based effluent limits (WQBELs) and ultimately, if required, numeric WQBELs. Objective 5. Incrprate adaptive management as a pathway fr cmpliance with water quality standards and TMDLs int all MS4 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 # Objective / Deliverable Cmpletin Date 1 Identify cnstraints. 2018 2 Define MEP and RWL cmpliance strategies, and TMDL implementatin; Define 2019 any additinal pririties. 3 Develp baseline mnitring requirements. 2018 4 Develp statewide plicy fr strmwater. 2024 5 Incrprate adaptive management as cmpliance pathway. Onging December 2017 Califrnia Strmwater Quality Assciatin 13
Versin 1.1 Visin and Strategic Actins Actin 2.5 Establish Guidance/Tls t Supprt Sustainable Strmwater Prgrams Backgrund Cntinuusly updated technical guidance is necessary 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, asset management, 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. Additinally, infrmatin and guidance is needed fr adaptive management, which in turn supprts sustainable strmwater management. Gal: T ensure technical and regulatry guidance is prvided t supprt sustainable strmwater prgrams. Related STORMS Prject(s) 3f. Develp Guidance fr Implementatin f Pst-Cnstructin Requirements t Imprve Watershed Health, 2019-2023 3g. Establish Guidance fr Strmwater Prgram Asset Management Planning and Cst Estimatin, 2022-2023 5a. Create Strmwater Prgram Data and Infrmatin Open Data, 2016-2020 5b. Evaluate and Increase Strmwater Permit Cmpliance, 2019-2021 6c. Evaluate and Implement Trash Cntrl, 2019-2022 Prpsed Effrt Objective 1. Update CASQA BMP Handbks. As new infrmatin becmes available and technical advances take place, the CASQA BMP Handbks will need t be updated. Such updates shuld cincide with the updates f the relevant permits and permitting appraches. Objective 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. Objective 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. Objective 4. Develp case studies f adaptive management. Adaptive management is as much art as science and the prcess and frm it takes can vary frm situatin t situatin. Case studies imprve ur understanding f adaptive management by shwcasing the ways the prcess may be used and the results it can generate. December 2017 Califrnia Strmwater Quality Assciatin 14
Versin 1.1 Visin and Strategic Actins Objective 5. Develp and hst events (e.g., quarterly meetings, annual cnferences) n a regular basis t assist strmwater prfessinals t remain current n the latest issues and develpments. Identify and engage high quality and relevant surces f infrmatin. Objective 6. Create and hst infrmatin places (e.g., websites, frums) where strmwater prfessinals can access current, relevant, and high-quality infrmatin and interact with like prfessinals. Objective 7. Create and prvide training fr strmwater prfessinals. Create curricula frm current, relevant, and high-quality infrmatin surces. Identify and engage high quality and experienced trainers. Lead: CASQA Supprt: State and Reginal Water Bards Schedule # Objective / Deliverable Cmpletin Date 1 Update BMP Handbks. Onging 2 Guidance fr regulatry pririties. Onging 3 Imprve/Revise Prgram Effectiveness Manual. 2019 4 Develp case studies. Onging 5 Develp and hst events. Onging 6 Create and hst infrmatin places. Onging 7 Create and prvide training. Onging Actin 2.6 Establish Watershed-Based r Equivalent Prgram Backgrund The Natinal Research Cuncil nted the greatest ptential 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. Related STORMS Prject(s) 3b. Develp Watershed-Based Cmpliance and Management Guidelines and Tls, 2016-2019 Prpsed Effrt Objective 1. Assess effrts in Ls Angeles, Bay Area, and San Dieg t identify the benefits, the challenges, and any recmmended changes. Objective 2. Wrk with the State Water Bard t incrprate watershed based planning int all MS4 permits. The permits shuld highlight the need t priritize watershed based water quality issues and encurage implementatin f strmwater prgrams at the December 2017 Califrnia Strmwater Quality Assciatin 15