Permit
The Contra Costa Clean Water Program (CCCWP) was established in 1991 in response to the federal stormwater regulations. The CCCWP comprises Contra Costa County, its 19 cities/towns[2], and the Contra Costa County Flood Control and Water Conservation District (collectively referred to as Permittees). Contra Costa County is within the jurisdiction of two Water Boards – San Francisco Bay Water Board and the Central Valley Water Board.
In California, the federal NPDES stormwater permit program is administered and enforced by the State Water Resources Control Board through the nine (9) Regional Water Quality Control Boards (Water Boards) by issuing Waste Discharge Requirements and NPDES permits (Permits). These Permits are reissued approximately every five (5) years and also include applicable provisions of the state Porter-Cologne Act, which is the principal legislation for controlling stormwater pollutants in California.
The San Francisco Bay Water Board reissued its Municipal Regional Stormwater NPDES Permit to 76 Phase I[1] municipalities within the San Francisco Bay Region on November 19, 2015 (NPDES Permit No. CAS612008, Order No. R2-2015-0049). This reissued permit, which took effect on January 1, 2016, is hereinafter referred to as “MRP 2.0”. The previous permit (NPDES Permit No. CAS612008, Order No. R2-2009-0075), which was superseded by MRP 2.0 on January 1, 2016, is hereinafter referred to as “MRP 1.0”. MRP 2.0 is in effect for five years ending on December 31, 2020.
MRP 1.0 and 2.0 exclude the cities of Antioch, Brentwood, and Oakley, and the eastern portions of CCC and Contra Costa County Flood Control & Water Conservation District (The East County Permittees). These agencies and agency areas are within the jurisdiction of the Central Valley Regional Water Quality Control Board, and are covered under a separate Joint Municipal NPDES Permit titled “East Contra Costa County Municipal NPDES Permit” (East County Permit), which was last reissued in September 2010 (NPDES Permit No. CAS083313, Order No. R5-2010-0102). The East County Permit expired on September 1, 2015; however, it remains in force and effect until a new permit is reissued. In October 2016, the East County Permittees requested that the Central Valley Regional Water Quality Control Board designate the San Francisco Regional Water Quality Control Board (SFRWQCB) as the permitting authority for municipal separate storm sewer systems (MS4) discharges in eastern CCC. In response to this request, the Central Valley Regional Water Quality Control Board provided a letter, dated January 6, 2017, that documents written agreement by both Water Boards to designate the SFRWQCB to regulate MS4 discharges from the East County Permittees under MRP 2.0 and any successor orders. The letter states that the SFRWQCB will amend MRP 2.0 within one year of the date of the letter to include provisions implementing Total Maximum Daily Loads (TMDLs) that apply to one or more of the eastern CCC municipalities. Until the effective date of those amendments to MRP 2.0, the East County Permittees must continue to implement their existing stormwater management programs.
Phase I Communities: Municipalities with a population over 100,000 or that have been determined to be a significant contributor of pollutants are required to obtain an individual NPDES stormwater permit. These municipalities are classified as Phase I communities and are typically referred to as MS4s (municipal separate storm sewer systems).
To meet CWA Section 402(p) requirements, Phase I MS4s are required to implement a stormwater management program, which includes:
- Program Management: including program structure, institutional arrangements, legal authority, and fiscal resources;
- Illicit Discharges: including prohibition of illicit connections and dumping, and enforcement;
- Industrial / Commercial Discharges: including identification of sources, BMPs, outreach, inspections, staff training, and coordination with state General;
- New Development and Re-development: including planning processes, local permits, staff training, post-construction structural BMPs;
- Construction: including erosion and grading permits, construction BMPs, site inspections, enforcement, and coordination with state General;
- Public Agency (Municipal) Operations: including inventory and BMPs for corporation yards, parks and recreation, storm drain system operation and maintenance, streets and roads, flood control, public facilities, and ponds, fountains and other public water;
- Public Information and Participation: including general and focused outreach, school education programs, citizen participation, and effectiveness evaluation of the public information;
- Program Evaluation: including performance standards, annual and sub-annual reports, internal reporting and record keeping, and Stormwater Management Plan; and
- Monitoring: including system characterization, source identification, control measure effectiveness, pollutant loading, and data.
[1] In 1972, provisions of the Federal Water Pollution Control Act were amended so that discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit.
[2] Cities of Antioch, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon and Walnut Creek, and the towns of Danville and Moraga.