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HomeMy WebLinkAboutE-4 Staff Report - MS4 I and C RFPCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: MARCH 18, 2019 SUBJECT: AUTHORIZATION TO SOLICIT A REQUEST FOR PROPOSALS TO PERFORM INDUSTRIAL/COMMERCIAL (I/C) FACILITY INSPECTION SERVICES BACKGROUND: The City is required to be in compliance with the MS4 National Pollutant Discharge Elimination System (NPDES) Permit. The MS4 Permit requires permittees to develop and implement, within their applicable jurisdictions, programs that perform NPDES stormwater inspections at commercial and industrial facilities, educate and assist property and business owners on actions needed to comply with the applicable MS4 Permit(s) and County and State stormwater regulations, and appropriately document compliance with these requirements. This project proposes to bring the City in compliance with the first round of Industrial/Commercial (I/C ) facility inspections required by the MS4 Permit. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Authorize staff to solicit a Request for Proposals to perform industrial/commercial facility inspections in accordance with the MS4 Permit. ANALYSIS: The MS4 Permit directs permittees to implement an I/C Facilities Program to track, educate, inspect, and ensure compliance at critical stormwater pollutant source facilities. The Facilities Program must be designed to prevent illicit discharges into the MS4 and receiving waters, reduce industrial/commercial discharges of storm water to the maximum extent practicable, and prevent industrial/commercial discharges from the MS4 from causing or contributing to a violation of receiving water limitations. The industrial and commercial critical source facilities that must be inspected include restaurants, automotive service, retail gasoline outlets (RGOs), nursery centers, and any other facilities determined by the MS4 permittee to contribute substantial pollutant loads. APPROVED CITY COUNCIL 3/18/2019 MS4 PERMIT I/C FACILITY PROGRAM INSPECTION SERVICES March 18, 2019 Page 2 The MS4 Permit requires the City to inspect all I/C facilities twice during the five year term of the Order, provided that the first mandatory compliance inspection occurs no later than two years after the effective date of this order. This is the City’s first round of inspections for the second five year term of the MS4 Permit IC Facility program. There are approximately 500 Industrial and Commercial Facilities located within the City limits that are subject to NPDES MS4 Permit I/C Facility Inspections. The provided scope of services will include: • Inspection of critical I/C sources • Education of best management practices requirements applicable to the site • Progressive enforcement to ensure the I/C facilities are brought into compliance with all stormwater requirements within a reasonable time period. FISCAL IMPACT: There is no fiscal impact associated with soliciting a Request for Proposals for I/C facility inspections. Prepared by: Reviewed by: Phillip Flores Daniel Bobadilla, P.E. Engineering Assistant I Director of Public Works/City Engineer Reviewed and Approved: Sergio Gonzalez City Manager ATTACHMENT: 1) Scope of Work and Technical Specifications SCOPE OF WORK & TECHNICAL SPECIFICATIONS MS4 PERMIT I/C FACILITY PROGRAM INSPECTION SERVICES PER ORDER NO. R4-2012-0175 CITY OF AZUSA 213 EAST FOOTHILL BOULEVARD AZUSA, CA 91702-1395 Attachment 1 MS4 Discharges within the ORDER NO. R4-2012-0175 Coastal Watersheds of Los Angeles County NPDES NO. CAS004001 Page 1 of 6 VI.D.6 Industrial/Commercial Facilities Program a. General i. Each Permittee shall implement an Industrial / Commercial Facilities Program that meets the requirements of this Part VI.D.6. The Industrial / Commercial Facilities Program shall be designed to prevent illicit discharges into the MS4 and receiving waters, reduce industrial / commercial discharges of storm water to the maximum extent practicable, and prevent industrial / commercial discharges from the MS4 from causing or contributing to a violation of receiving water limitations. At a minimum, the Industrial / Commercial Facilities Program shall be implemented in accordance with the requirements listed in this Part VI.D.6, or as approved in a Watershed Management Program per Part VI.C. Minimum program components shall include the following components: (1) Track (2) Educate (3) Inspect (4) Ensure compliance with municipal ordinances at industrial and commercial facilities that are critical sources of pollutants in storm water b. Track Critical Industrial / Commercial Sources i. Each Permittee shall maintain an updated watershed-based inventory or database containing the latitude / longitude coordinates of all industrial and commercial facilities within its jurisdiction that are critical sources of storm water pollution. The inventory or database shall be maintained in electronic format and incorporation of facility information into a Geographical Information System (GIS) is recommended. Critical Sources to be tracked are summarized below: (1) Commercial Facilities (a) Restaurants (b) Automotive service facilities (including those located at automotive dealerships) (c) Retail Gasoline Outlets (d) Nurseries and Nursery Centers (Merchant Wholesalers, Nondurable Goods, and Retail Trade) (2) USEPA “Phase I” Facilities [as specified in 40 CFR §122.26(b)(14)(i)-(xi)] (3) Other federally-mandated facilities [as specified in 40 CFR §122.26(d)(2)(iv)(C)] (a) Municipal landfills (b) Hazardous waste treatment, disposal, and recovery facilities MS4 Discharges within the ORDER NO. R4-2012-0175 Coastal Watersheds of Los Angeles County NPDES NO. CAS004001 Page 2 of 6 (c) Industrial facilities subject to section 313 “Toxic Release Inventory” reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) [42 U.S.C. § 11023] (4) All other commercial or industrial facilities that the Permittee determines may contribute a substantial pollutant load to the MS4. ii. Each Permittee shall include the following minimum fields of information for each critical source industrial and commercial facility identified in its watershed-based inventory or database: (1) Name of facility (2) Name of owner/ operator and contact information (3) Address of facility (physical and mailing) (4) North American Industry Classification System (NAICS) code (5) Standard Industrial Classification (SIC) code (6) A narrative description of the activities performed and/or principal products produced (7) Status of exposure of materials to storm water (8) Name of receiving water (9) Identification of whether the facility is tributary to a CWA § 303(d) listed water body segment or water body segment subject to a TMDL, where the facility generates pollutants for which the water body segment is impaired. (10) Ability to denote if the facility is known to maintain coverage under the State Water Board’s General NPDES Permit for the Discharge of Stormwater Associated with Industrial Activities (Industrial General Permit) or other individual or general NPDES permits or any applicable waiver issued by the Regional or State Water Board pertaining to storm water discharges. (11) Ability to denote if the facility has filed a No Exposure Certification with the State Water Board. iii. Each Permittee shall update its inventory of critical sources at least annually. The update shall be accomplished through collection of new information obtained through field activities or through other readily available inter- and intra-agency informational databases (e.g., business licenses, pretreatment permits, sanitary sewer connection permits, and similar information). c. Educate Industrial / Commercial Sources i. At least once during the five-year period of this Order, each Permittee shall notify the owner/operator of each of its inventoried commercial and industrial sites identified in Part VI.D.6.b of the BMP requirements applicable to the site/source. MS4 Discharges within the ORDER NO. R4-2012-0175 Coastal Watersheds of Los Angeles County NPDES NO. CAS004001 Page 3 of 6 ii. Business Assistance Program (1) Each Permittee shall implement a Business Assistance Program to provide technical information to businesses to facilitate their efforts to reduce the discharge of pollutants in storm water. Assistance shall be targeted to select business sectors or small businesses upon a determination that their activities may be contributing substantial pollutant loads to the MS4 or receiving water. Assistance may include technical guidance and provision of educational materials. The Program may include: (a) On-site technical assistance, telephone, or e-mail consultation regarding the responsibilities of business to reduce the discharge of pollutants, procedural requirements, and available guidance documents. (b) Distribution of storm water pollution prevention educational materials to operators of auto repair shops; car wash facilities; restaurants and mobile sources including automobile/equipment repair, washing, or detailing; power washing services; mobile carpet, drape, or upholstery cleaning services; swimming pool, water softener, and spa services; portable sanitary services; and commercial applicators and distributors of pesticides, herbicides and fertilizers, if present. d. Inspect Critical Commercial Sources i. Frequency of Mandatory Commercial Facility Inspections Each Permittee shall inspect all commercial facilities identified in Part VI.D.6.b twice during the 5-year term of the Order, provided that the first mandatory compliance inspection occurs no later than 2 years after the effective date of this Order. A minimum interval of 6 months between the first and the second mandatory compliance inspection is required. In addition, each Permittee shall implement the activities outlined in the following subparts. ii. Scope of Mandatory Commercial Facility Inspections Each Permittee shall inspect all commercial facilities to confirm that storm water and non-storm water BMPs are being effectively implemented in compliance with municipal ordinances. At each facility, inspectors shall verify that the operator is implementing effective source control BMPs for each corresponding activity. Each Permittee shall require implementation of additional BMPs where storm water from the MS4 discharges to a significant ecological area (SEA), a water body subject to TMDL provisions in Part VI.E, or a CWA § 303(d) listed impaired water body. Likewise, for those BMPs that are not adequately protective of water quality standards, a Permittee may require additional site-specific controls. MS4 Discharges within the ORDER NO. R4-2012-0175 Coastal Watersheds of Los Angeles County NPDES NO. CAS004001 Page 4 of 6 e. Inspect Critical Industrial Sources Each Permittee shall conduct industrial facility compliance inspections as specified below. i. Frequency of Mandatory Industrial Facility Compliance Inspections (1) Minimum Inspection Frequency Each Permittee shall perform an initial mandatory compliance inspection at all industrial facilities identified in Part VI.D.6.b no later than 2 years after the effective date of this Order. After the initial inspection, all facilities that have not filed a No Exposure Certification with the State Water Board are subject to a second mandatory compliance inspection. A minimum interval of 6 months between the first and the second mandatory compliance inspection is required. A facility need not be inspected more than twice during the term of the Order unless subject to an enforcement action as specified in Part VI.D.6.h below. (2) Exclusion of Facilities Previously Inspected by the Regional Water Board Each Permittee shall review the State Water Board’s Storm Water Multiple Application and Report Tracking System (SMARTS) database24 at defined intervals to determine if an industrial facility has recently been inspected by the Regional Water Board. The first interval shall occur approximately 2 years after the effective date of the Order. The Permittee does not need to inspect the facility if it is determined that the Regional Water Board conducted an inspection of the facility within the prior 24 month period. The second interval shall occur approximately 4 years after the effective date of the Order. Likewise, the Permittee does not need to inspect the facility if it is determined that the Regional Water Board conducted an inspection of the facility within the prior 24 month period. (3) No Exposure Verification As a component of the first mandatory inspection, each Permittee shall identify those facilities that have filed a No Exposure Certification with the State Water Board. Approximately 3 to 4 years after the effective date of the Order, each Permittee shall evaluate its inventory of industrial facilities and perform a second mandatory compliance inspection at a minimum of 25% of the facilities identified to have filed a No Exposure Certification. The purpose of this inspection is to verify the continuity of the no exposure status. (4) Exclusion Based on Watershed Management Program A Permittee is exempt from the mandatory inspection frequencies listed above if it is implementing industrial inspections in accordance with an approved Watershed Management Program per Part VI.C. ii. Scope of Mandatory Industrial Facility Inspections Each Permittee shall confirm that each industrial facility: MS4 Discharges within the ORDER NO. R4-2012-0175 Coastal Watersheds of Los Angeles County NPDES NO. CAS004001 Page 5 of 6 (1) Has a current Waste Discharge Identification (WDID) number for coverage under the Industrial General Permit, and that a Storm Water Pollution Prevention Plan (SWPPP) is available on-site; or (2) Has applied for, and has received a current No Exposure Certification for facilities subject to this requirement; (3) Is effectively implementing BMPs in compliance with municipal ordinances. Facilities must implement the source control BMPs identified in Table 10, unless the pollutant generating activity does not occur. The Permittees shall require implementation of additional BMPs where storm water from the MS4 discharges to a water body subject to TMDL Provisions in Part VI.E, or a CWA § 303(d) listed impaired water body. Likewise, if the specified BMPs are not adequately protective of water quality standards, a Permittee may require additional site-specific controls. For critical sources that discharge to MS4s that discharge to SEAs, each Permittee shall require operators to implement additional pollutant-specific controls to reduce pollutants in storm water runoff that are causing or contributing to exceedances of water quality standards. (4) Applicable industrial facilities identified as not having either a current WDID or No Exposure Certification shall be notified that they must obtain coverage under the Industrial General Permit and shall be referred to the Regional Water Board per the Progressive Enforcement Policy procedures identified in Part VI.D.2. f. Source Control BMPs for Commercial and Industrial Facilities Effective source control BMPs for the activities listed in Table 10 shall be implemented at commercial and industrial facilities, unless the pollutant generating activity does not occur: Table 10. Source Control BMPs at Commercial and Industrial Facilities Pollutant- Generating Activity BMP Narrative Description Unauthorized Non- Storm water Discharges Effective elimination of non-storm water discharges Accidental Spills/ Leaks Implementation of effective spills/ leaks prevention and response procedures Vehicle/ Equipment Fueling Implementation of effective fueling source control devices and practices Vehicle/ Equipment Cleaning Implementation of effective equipment/ vehicle cleaning practices and appropriate wash water management practices Vehicle/ Equipment Repair Implementation of effective vehicle/ equipment repair practices and source control devices MS4 Discharges within the ORDER NO. R4-2012-0175 Coastal Watersheds of Los Angeles County NPDES NO. CAS004001 Page 6 of 6 Pollutant-Generating Activity BMP Narrative Description Parking/ Storage Area Maintenance Implementation of effective parking/ storage area designs and housekeeping/ maintenance practices Storm water Conveyance System Maintenance Practices Implementation of proper conveyance system operation and maintenance protocols Pollutant-Generating Activity BMP Narrative Description from Regional Water Board Resolution No. 98-08 Sidewalk Washing 1. Remove trash, debris, and free standing oil/grease spills/leaks (use absorbent material, if necessary) from the area before washing; and 2. Use high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of sidewalk area. Street Washing Collect and divert wash water to the sanitary sewer – publically owned treatment works (POTW). Note: POTW approval may be needed. g. Significant Ecological Areas (SEAs) See VI.D.6.e.ii.3. h. Progressive Enforcement Each Permittee shall implement its Progressive Enforcement Policy to ensure that Industrial / Commercial facilities are brought into compliance with all storm water requirements within a reasonable time period. See Part VI.D.2 for requirements for the development and implementation of a Progressive Enforcement Policy. Outdoor Liquid Storage Implementation of effective outdoor liquid storage source controls and practices Outdoor Equipment Operations Implementation of effective outdoor equipment source control devices and practices Outdoor Storage of Raw Materials Implementation of effective source control practices and structural devices Storage and Handling of Solid Waste Implementation of effective solid waste storage/ handling practices and appropriate control measures Building and Grounds Maintenance Implementation of effective facility maintenance practices