Environmental Reform:Stormwater Quality and

Ventura CountyAnna Lantin, PE, CPESC, CPSWQ

RBF Consulting

Where does rainfall and urban stormwater go?

1 2 3 4

25% 25%25%25%

1. Drains to curb inlets then to sewer plants

2. Drains to curb inlets then to rivers/ocean

3. Soaks into the ground

4. Don’t really know

Are there stormwater quality requirements in Ventura

County?

1 2

50%50%1. Yes2. No

Agenda

Drivers: Clean Water Act and NPDES Permitting Ventura MS4 Permit - what this means to

Developers, Land Planners, and Municipalities Environmental Reform

• What’s the end game?• Approaches to environmental objectives• National Efforts on stormwater, what to expect

1969 California Porter-Cologne Act 1972 Federal CWA (start NPDES) 1990 EPA Publishes NPDES Regulations 1990 RWQCBs adopt MS4 Permits 1992 SWRCB adopts General

Construction Permit 2009 New Construction General Permit 2010 New Ventura MS4 PermitMS4 : Municipal Separate Storm Sewer System

“Brief” Clean Water Act and NPDES History

Why is Stormwater Quality a concern?

When it rains it drains! Storm Water Pollution

is a concern Enforceable regulations

EPA SWRCB / RWQCBs Other Agencies Private Citizens

• NRDC

• Baykeepers

• Other Watchdog Groups

Who Enforces These Laws?

Why Water Quality?

Urban runoff

causes surface

water pollution.

Best

management

practices;

swales, detention

basins, low

impact

development,

trash removal

devices,

sweeping

Calleguas Creek Watershed, Ventura Co.

So. CaliforniaRegional Municipal Permits

Ventura County –adopted 2010 Los Angeles County City of Long Beach Orange County (2) San Diego County San Bernardino County Riverside County (3)

Ventura County MS4 Permit Purpose

Lessen water quality impacts of development• Promote Smart Growth, Compact Development, Infill,

Redevelopment Minimize impacts on biological integrity of Natural Drainage Mimic predevelopment water balance Minimize pollutant loading through source control, LID, and

treatment control BMPs Proper design of BMPs to address pollutants of concern and to

ensure long-term adequate function

What does the MS4 Permit apply to?

All projects ≥ 1 acre disturbed area and >10,000 sf impervious area

Industrial park ≥ 10,000 sf Commercial strip mall, roadway projects ≥ 10,000 sf impervious

area Retail gasoline, restaurants, automotive service facilities ≥ 5,000

sf Parking lots 5,000 sf impervious area or 25 spaces Projects located in or directly adjacent to, or discharging directly

to ESA and ≥ 2,500 sf impervious area

What does the MS4 Permit apply to (cont’d)?

Roadway project Implement “Green Streets” Single family hillside home Redevelopment projects• Create, add, or replace 5,000 sf of impervious area• Existing single family homes are exempt unless they

create, add, or replace 10,000 sf of impervious area

Urban Runoff Treatment BMPs

Low Impact Development (LID) The permit fundamentally

changes development through use of “low impact development” (LID). All projects must capture, treat, retain and infiltrate runoff from storm events.

What if not technically feasible? Developer must prove that low impact development is

technically infeasible. A developer still must create an EIA that is at least 30%,

but financial contributions or construction to public or private offsite LID projects may be used as an offset.

The Alternative Program Projects • In the same watershed; complete construction by May 7, 2013• Approved by the Regional Board• Demonstrate a reduction of volume and load for the

subwatershed• Alternative Program Projects is critical to future development in

Ventura County.

Is this the end game?

Current permit is to lessen impacts from new development/redevelopment

Current permits are based on iterative approach Updated every 5 years Will this ultimately reduce stormwater pollution?

1 Daughton (2004)

Long-Term Strategy

Stormwater dischargers must ultimately achieve receiving water quality standards, but there are compliance problems

The true scope of the problem is unknown:• Nearly 23 million organic and inorganic substances• About 7 million of these substances are

commercially available1

Current system is not an efficient approach

Environmental Reform?

We are investing significant resources in the urbanizing fringe, but this area is not the problem

The emphasis on treatment control or LID is not the answer for the built environment: • Plumbing is wrong, grading is wrong• Costs are too high• Effectiveness is modest• And, pace of redevelopment is slow:

Consider…

About 110 million acres currently ‘developed’ in the US (5.5% of land area)

Redevelopment proceeds modestly….• ABAG estimates 22,274 acres redeveloped from

1985 to 1995• This represents 0.5% of land area in the 8 counties

sampled over the 10 year period.• And, residential areas rarely redevelop

Meanwhile, Regulatory Pressure is Increasing….

1998 - 21,749 waterbodies impaired in US. 2008, the number rose to 43,446 in US Leading Causes (US EPA):

1. Pathogens2. Mercury3. Metals4. Nutrients5. Sediment

California 1700 pollutant-waterbody impaired 60% of State drains to impaired

waterbodies

Need for Change The current regulatory system is reactive and based

on proxies to achieve water quality standards:• Best management practices (BMPs)

The system is not working • Plans to fix impairments require more program resources• Litigation taking more program resources• Municipal governments being asked to pay for programs

with no clear pathway to the ‘goal’

True Source ControlSource Control = keeping potential pollutants out of

stormwater

Operational • Focused on physically keeping potential pollutants out of

contact with rainfall and stormwater runoff through covering, berming, or cleaning

True (or Original)• Focuses on the original source of a potential pollutant or on

runoff by eliminating or significantly reducing the existence of the potential pollutant or runoff thereby negating the need to physically prevent contact between the two

True Source Control

↓ Potential Pollutants• Reduce the number potential pollutants – Green chemistry

(DTSC), Design with nature• If you make it, you take care of it (Cradle-to-cradle) – Product

stewardship (CPSC), Extended Producer Responsibility (EPR) (CIWMB)

↓ Runoff• Start at the Source / Low Impact Development (LID)

Manufacture

Sale

Use

Release to urban runoff

Urban runoff discharge

Receiving water

CostsEffectiveness

True SourceControl

Source Control

Treatment

Control

True Source Control (↓Potential Pollutants)Product-based Pollutants: Conceptual

Relationships

An Example of Source Control

Brake pads are the single largest source for copper in highly urbanized watersheds in California

SB346 – Brake pad bill to minimize copper in brakepads

26

Costs / Benefits

Chollas Creek watershed – San Diego• Without brake pad copper reduction = $1.4 B• With = $10s M

Los Angeles River watershed – Los Angeles• Without brake pad copper reduction = $15 B• With = $10s M

Questions?Anna Lantin, PERBF Consulting

alantin@rbf.comwww.rbf.com