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SR-502-004 (3) 1,p E PWM: CP: BJ :f/EPWM/ ADM I N/Staffrpt/07 -08-03/BacteriaITM DL-2 .doc Council Meeting: July 8,2003 Santa Monica, California JUl - 8 2003 TO: Mayor and City Council FROM: City Staff SUBJECT: Memorandums of Understanding to Develop Implementation and Monitoring Plans to Comply with the Los Angeles Regional Water Quality Control Board's Bacterial Total Maximum Daily Load Requirements Introduction The report recommends that the City Council authorize the City Manager to negotiate and execute Memorandums of Understanding with neighboring municipalities within the sub-watersheds of the Santa Monica Bay-Ballona Creek Watershed to develop implementation and monitoring plans to comply with the Los Angeles Regional Water Quality Control Board's Bacterial Total Maximum Daily Load requirements. BackQround The Federal Clean Water Act (CWA) requires the California Regional Water Quality Control Board, Los Angeles Region (Board), to develop water quality standards that identify beneficial uses and criteria to protect beneficial uses for each water body found within its region. Beneficial uses include swimming, fishing, drinking water, navigability, and wildlife habitats and reproduction The Board carries out its CWA responsibilities through the state's Porter-Cologne Water Quality Control Act and establishes water quality objectives designed to protect beneficial uses contained in the Water Quality Control Plan (Basin Plan). Section 303(d) of the CWA requires states to prepare a list of water bodies that do not meet water quality standards and establish for each of these 1 10 8 2003 water bodies load and waste load allocations (load refers to pollutants), that is, a total maximum daily load (TMDL) which will ensure attainment of water quality standards, and then to incorporate those allocations into their Water Quality Basin Plans. A TMDL represents an amount of pollution that can be released by anthropogenic and natural sources of a watershed into a specific water body without causing a decline in water quality and beneficial uses. The TMDL can be a narrative or numerical standard to control pollution For example, the existing trash TMDL states that no trash can enter the Bay. For the new bacterial TMDL, a specific number of days of exceeding the concentration of a bacterium is allowed Many of the beaches along the Santa Monica Bay (Bay) were listed on California's 1998 Section 303(d) list, due to impairments for coliform or for beach closures associated with bacteria, as well as many other pollutants. These beaches have been and continue to be subject to beach closures due to elevated bacterial concentrations, preventing full enjoyment of the beaches' beneficial use for water contact recreation. Attachment A lists the beaches within Santa Monica Discussion The bacterial TMDL addresses documented bacteriological water quality impairments at 44 beaches within the Bay Watershed from the Los Angeles-Ventura County line to Outer Cabrillo Beach to the south. Local and national epidemiological studies demonstrate a causal relationship between adverse health effects, such as gastroenteritis and upper respiratory illness, and recreational water quality. The water 2 uality biectl'l8' sn ca led tanda:rds pan which TMDL meric targets wil dsk of nes, to 1h Ibl from swimmi.nq hea rl~:r;;, to grea th nRSSH pe nnn ;wiml generalily, -hir:h de:fil Ad IY P as an cceptable hi 1111 risk' m; Irine aGreation waters Attachmen A ri0' the mb. of days ih these stand:Jrds Ire ~n::ceerled C M. :h Pi n,d Pi .KE fer torm dra ns wet weath period 'hieh d. penden pon the gl 1/88, Till City f;'!'Xceerls th :::ltAnrl rage Iy, mn~tlocatIOr1 Santtl th. Feder::::!:l st;;ll I'd ng mhA storm ev ts IY 30 vs De storm ra Der wet weath period Durillg dry we~rcher hiP! City .p.yrp.p.d the tal 5-24 d. ys pe storm dra rd tely T iml lam ri sd i dio. lh TMDL, 88\( beach Each respo wer egreg;::JJled hy Ib-walershed nto bl fo impi menlirg ih Ttv fo m; ven 10 rai uti is W1H'l1 its DO nd:a rles 8ch sd i ctio composed! of ml icipalities nd nthe go trml1e IRnrlnwner IY foe ach ()wners 'nHh foperty in sd 1hl rg st fo the riisd i eli Thl City )f sdictio th p1imary ris.rlidio rePrese, tati- nta Mlo ir:a the im; Iry j'lrisd cho f("J. !;d C~IO hiiGh ricnml sse,s most also mhA> sdictioll Id C eac: ri~dir.tio Imbl Oth ml !mbers City nd th northern llf V eel Thl City is -hir:h r:ILJrles :h'3 norUl !rn til of Ihe CHy Attachmsllts Th.q city Los A.ngqles tl1 primary jlJrisdir.lio fo these tv../o dsdidions cIud L, Artl eles Cou 'ty A.ngel no CaHrans T imllro' ogisltcs p[::l no cQst-eITflr.ti enes th City Igqest~d HI~ hoth risdictions hA r.:nmbi ad ,inceth;:'!v ncJude the same eg~Q' m. Members ccepted this lUng jurisdir.tio 2~3 :J2-3 which will have a primary jurisdiction of the City of Los Angeles, or a combination of both cities. J2-3 will use an integrated water resources approach that takes a holistic view of regional water resources management by integrating planning for future wastewater, stormwater, recycled water and potable water needs and systems; focusing on beneficial reuse of stormwater, including groundwater infiltration, at multiple points throughout a watershed (and sub-watershed); and addressing multiple pollutants for which the Bay Watershed is listed as impaired on the CWA Section 303(d) list. approach follows the principles of the City's Sustainable City Plan. These other pollutants include heavy metals, organic chemicals, hydrocarbons and nutrients (nitrogen and phosphorous). The TMDL requires "responsible jurisdictions and agencies" (RJAs) to submit a draft Implementation Plan (draft plan), within 20 months after the effective date of the TMDL and a final Implementation Plan (final plan), 24 months after the effective date. plan's purpose is to outline how each jurisdiction intends to achieve TMDL compliance. The TMDL also requires the RJAs to submit a monitoring plan for the E3ntire Watershed within 120 days after the effective date. The Urban Runoff Management Coordinator represents the City at re~lular meetings with RJAs to develop the draft plan and monitoring plan. Two separate tracks of meetings have occurred: meetings for the draft plan including only members of J2-3, 4 and meetings for the monitoring plan including members of all seven jurisdictions. Approval of the final TMDL by the US EPA came in June 2003, initiating the timeline that triggers various deadlines. To comply with the TMDL, the agencies of J2-3 have proposed that a consultant, currently being used by the City of Los Angeles for similar work, be used to perform the work to develop the draft plan for the J2-3 members. City of Santa Monica staff concur with the decision to use the existing consultant because of the consultant's expertise concerning water quality issues and demonstrated ability to perform the necessary tasks to fulfill the TMDL's multiple requirements. The City is not responsible for any monitoring of the storm drain outfalls along its coastline. The City of Los Angeles and State Department of Health Services perform this work. The new monitoring plan requires an additional testing site at each outfall, which is an additional expense to the J2-3 and its members. To pursue this course of action, the City must f:mter into MOUs with the RJAs to allow this work to be performed in an expeditious manner to meet the deadlines. The MOUs will require the City to contribute monies to J2-3 for the draft and final plans, and to the monitoring plan. A separate staff report will be required to authorize the City Manager to implement the solutions of the implementation plan. 5 Budqet/Financiallmpact At this time, the City's exact share of the costs to implement the N10Us is unknown. However, the amount will most likely be between $150,000-$250,000. The cost-share per members of each jurisdiction is presently based on drainage area. Costs include the development of the final plan to curb bacterial pollution and the monitoring plan The cost to implement the final plan and the weekly monitoring costs cannot be estimated at this time. The City is obligated to comply with the TMDL and will have to take the necessary steps to ensure compliance. The City has already obtained a number of grants to help meet this compliance. Through the Urban Runoff Management Plan, presently being developed by a consultant, strategies to raise additional stormwater funds will be explored. Funds to cover the anticipated costs up to $250,000 are available in a number of CIP Stormwater System Improvement accounts (C34058801-04.589000) and the Environmental Programs Division Operating account, 31662.555060. Recommendation Staff recommends that the City Council authorize the City Manager to negotiate and execute Memorandums of Understanding with neighboring municipalities within the sub- watersheds of the Santa Monica Bay-Ballona Creek Watershed to develop implementation and monitoring plans that comply with the requirements of the Los Angeles Regional Water Quality Control Board's Bacterial Total Maximum Daily Load requirements. 6 Prepared by: Craig Perkins, Director, Environmental and Public Works Management Anthony Antich, P.E., Civil Engineering and Architecture Manager Gil Borboa, Manager, Utilities Brian Johnson, Manager, Environmental Programs Neal Shapiro, Sr. Admin. Analyst, Environmental Programs Lisette A. Bauersachs, Regulatory Affairs Specialist, Utilities Attachments: A. Table 7-4.5. Final Allowable Wet-Weather Exceedance Days B. Map - Jurisdictional Group Two C. Map - Jurisdictional Group Three 7 Attachment A to Resolution No. 2002-022 Table 7-4.5. Final Allowable Wet-Weather Exceedance Davs bv Beach Location t ',' . Estimated no. of Final allowable wet weather no. of wet exceedance days weather in critical year exceedance days INCh Monitoring Location (90th percentile). (daily sampling). DHS 010 - Leo Carrillo Beach, at 35000 PCH 17 17 IoHs 009 - Nicholas Beach- 100 feet west of lifeguard tower 14 14 IoHs 010a - Broad Beach 15 15 CHS 008 - Trancas BeaCh entrance, 50 yards east of Trancas 19 17 lridge CHIS 007 - Westward Beach, east of Zuma Creek 17 17 DHS 006 - Paradise Cove, adjacent to west side of Pier 23 17 CHS 005 - Latigo Canyon Creek entrance 33 17 OMS 005a - Corral State Beach 17 17 CHS 001 a - Las Flores Beach 29 17 OMS 001 - Big Rock BeaCh, at 19900 PCH 30 17 OMS 003 - Malibu Point 18 17 003a - Surfrider BeaCh (second point)- weekly 45 17 11 - Surfrider Beach (breach point)- daily 47 17 OMS 002 - Malibu Pier- 50 yards east 45 17 S2. Topanga.State Beach 26 17 CHS 101 - PCH and Sunset BI.- 400 yards east 25 17 CHS 102 - 16801 Pacific Coast Highway, Bel Air Bay Club (chain 28 17 fence) 13 . Pulga Canyon storm drain- 50 yards east 23 17 CHS 103 - Will Rogers State Beach- Temescal Canyon (25 yrds. 31 17 $0. of drain) S4 . Santa Monica Canyon, Will Rogers State Beach 25 17 CHS 104a - Santa Monica Beach at San Vicente BI. 34 17 CHS 104 - Santa Monica at Montana Av. (25 yrds. so. of drain) 31 17 OHS 105 - Santa Monica at Arizona (in front of the drain) 31 17 85 . Santa Monica Municipal Pier- 50 yards southeast 35 17 86 . Santa Monica Beach at PicolKenter storm drain 42 17 OMS 106 - Santa Monica Beach at Strand Sl (in front of the 36 17 IeStfooms) OHS 106a -Ashland Av. storm drain- 50 yards north 39 17 87 - Ashland Av. storm drain- 50 yards south 22 17 OHS 107 - Venice City Beach at Brooks Av. (in front of the drain) 40 17 c . . . . . . 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Stormdrain Outlets and Historical Monitoring Locations in Jurisdictional Group 3 \tmdIWnb bacNtf.V'5lsmbb c/fhis..,x April 10. 2003