APPENDIX D NDPES R4-2014-0024_amended.pdf

STATE OF CALIFORNIA

REGIONAL WATER QUALITY CONTROL BOARD

LOS ANGELES REGION

320 West 4th Street, Suite 200, Los Angeles, CA 90013 Phone (213) 576-6600 - Fax (213) 576-6686 http://www.waterboards.ca.gov/losangeles

ORDER NO. R4-2014-0024

NPDES PERMIT NO. CAS004003

WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL SEPARATE STORM SEWER

SYSTEM DISCHARGES FROM THE CITY OF LONG BEACH

The City of Long Beach is subject to waste discharge requirements for its municipal separate storm sewer system (MS4) discharges originating within its jurisdictional boundaries composed of storm water and non-storm water as set forth in this Order:

I. FACILITY INFORMATION

Table 1. Discharge Information

Discharger City of Long Beach

Facility Name Municipal Separate Storm Sewer System owned and operated by the City of Long Beach

The U.S. Environmental Protection Agency (US EPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Water Board) have classified the City of Long Beach MS4 as part of the Greater Los Angeles County MS4 and as a large MS4 pursuant to 40 CFR section 122.26(b)(4) and a major facility pursuant to 40 CFR Section 122.2.

Table 2. Facility Information

Permittee (WDID) Contact Information

City of Long Beach (4B190105032)

Mailing Address 333 West Ocean Blvd. 9th Floor Long Beach, CA 90802

Facility Contact Storm Water/ Environmental Compliance Officer

Table 3. MS4 Discharge Locations1

Table 3 identifies the major outfall locations based on the best available information at the time of permit adoption and may not be an complete inventory of all the major outfalls.

Major Outfall Locations Outfall Size Discharge

Point Latitude

Discharge Point

Longitude Receiving Water

Alamitos Bay / Basin No. 3 39'' Discharge 33.753 -118.109 Alamitos Bay

Alamitos Bay /Basin No. 3 36'' Discharge 33.756 -118.112 Alamitos Bay

36th Pl/Ocean Blvd 54" Discharge 33.76 -118.151 Beach

39th Pl / Allin St 39" Discharge 33.759 -118.148 Beach

9th Pl / Ocean Blvd 36" Discharge 33.764 -118.174 Beach

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Ocean Blvd/Molino Ave 51'' Discharge 33.762 -118.162 Beach

1231 Pier B 1400 8Th St 54" Discharge 33.777 -118.21 Channel #2 POLB

1722 8Th St 54" Discharge 33.774 -118.216 Channel #2 POLB

850 Edison Avenue 42" Discharge 33.773 -118.219 Channel #2 POLB

6th St/Alley E/O Park Ave 63'' Discharge 33.773 -118.136 Colorado Lagoon

6th St/Nieto Ave 54'' Discharge 33.773 -118.133 Colorado Lagoon

Monrovia Ave/4th St 48'' Discharge 33.772 -118.132 Colorado Lagoon

7380 Willow St 60'' Discharge 33.803 -118.085 Coyote Creek

8194 Timor St 48'' Discharge 33.819 -118.068 Coyote Creek

Coyote Creek / Fenley Dr Unk (OC Rossmoor Pump Station Discharge)

33.815 -118.071 Coyote Creek

Coyote Creek / N/O Junction San Gabriel River

Unk (OC Rossmoor Pump Station Discharge)

33.796 -118.089 Coyote Creek

Coyote Creek / S/O 226th St 3-36" Discharge (Claretta Drain Pump Station)

33.823 -118.066 Coyote Creek

710 Fwy / 27TH St 36" Discharge 33.806 -118.206 Los Angeles River

710 Fwy / Cowles St 3-36" & 1-8" Discharge

33.784 -118.206 Los Angeles River

710 Fwy / Hughes Way 24" Discharge 33.829 -118.205 Los Angeles River

710 Fwy / Long Beach Blvd 3-36" Discharge 33.863 -118.197 Los Angeles River

710 Fwy / Taper St 36" Discharge 33.819 -118.206 Los Angeles River

Los Angeles River / 17th St 204" Discharge 33.788 -118.204 Los Angeles River

Los Angeles River / 34th St 78" Discharge 33.819 -118.205 Los Angeles River

Los Angeles River / 3rd St 96" Discharge 33.771 -118.205 Los Angeles River

Los Angeles River / 405 Fwy 72" Discharge 33.825 -118.205 Los Angeles River

Los Angeles River / 7th St 30" & 21" Discharge 33.775 -118.204 Los Angeles River

Los Angeles River / Artesia Blvd 3-48" & 3-36" & 1-8" Discharge

33.874 -118.189 Los Angeles River

Los Angeles River / Loma Vista Dr

4-78" Discharge 33.779 -118.205 Los Angeles River

Los Angeles River / Loma Vista Dr

2-42" & 1-10" Discharge

33.779 -118.204 Los Angeles River

Los Angeles River / S/O Ocean Blvd

4-36" Discharge 33.765 -118.204 Los Angeles River

Los Angeles River / S/O Ocean Blvd

12" Discharge 33.766 -118.206 Los Angeles River

Los Angeles River / Virginia Vista

2-54" Discharge 33.832 -118.204 Los Angeles River

Los Angeles River/ 25th St 54'' Discharge 33.802 -118.205 Los Angeles River

Los Angeles River/ 405 Fwy 60" Discharge 33.827 -118.206 Los Angeles River

Los Angeles River/ Wardlow Rd 54" Discharge 33.82 -118.205 Los Angeles River

Los Angeles River/ Willow St 48" Discharge 33.805 -118.205 Los Angeles River

Los Angeles River/Hill St 42" Discharge 33.797 -118.204 Los Angeles River

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Los Angeles River/S/O 47th St 9-10" Discharge 33.84 -118.203 Los Angeles River

Market St / Los Angeles River 180 " Discharge 33.854 -118.2 Los Angeles River

1800 Knoxville Ave 3-30" Discharge 33.789 -118.104 Los Cerritos Channel

1809 Vuelta Grande Ave 42'' Discharge 33.789 -118.103 Los Cerritos Channel

2040 Knoxville Ave 48'' Discharge 33.793 -118.104 Los Cerritos Channel

2201 Vuelta Grande Ave 48'' Discharge 33.796 -118.103 Los Cerritos Channel

2372 Knoxville Ave 38'' Discharge 33.8 -118.105 Los Cerritos Channel

4600 Spring St 30'' Discharge 33.813 -118.14 Los Cerritos Channel

5517 China Pt 36'' Discharge 33.767 -118.125 Los Cerritos Channel

5950 Waterfront Pl 39'' Discharge 33.766 -118.122 Los Cerritos Channel

6138 Corsica Circle 42'' Discharge 33.765 -118.12 Los Cerritos Channel

6220 Willow St 48'' Discharge 33.803 -118.109 Los Cerritos Channel

6264 Pacific Coast Highway 42'' Discharge 33.763 -118.115 Los Cerritos Channel

6400 Willow St 42'' Discharge 33.802 -118.108 Los Cerritos Channel

6491 Bixby Hill Rd 42'' Discharge 33.778 -118.104 Los Cerritos Channel

Clark Ave / Spring St 480'' Discharge 33.81 -118.133 Los Cerritos Channel

Lakewood Blvd / Spring St 108" Discharge 33.813 -118.141 Los Cerritos Channel

Lakewood Blvd / Spring St 120" Discharge 33.812 -118.142 Los Cerritos Channel

Lakewood Blvd / Spring St 39'' Discharge 33.813 -118.139 Los Cerritos Channel

Los Cerritos Channel / 7th St 39'' Discharge 33.775 -118.104 Los Cerritos Channel

Los Cerritos Channel / Costa del Sol

64" Discharge 33.763 -118.116 Los Cerritos Channel

Los Cerritos Channel FC/Loynes Dr

60'' Discharge 33.768 -118.105 Los Cerritos Channel

Los Cerritos Channel/ 7th St 48'' Discharge 33.775 -118.103 Los Cerritos Channel

Spinnaker Bay Dr/Eliot St 60'' Discharge 33.768 -118.125 Los Cerritos Channel

Spring St / San Anseline Ave 66'' Discharge 33.81 -118.121 Los Cerritos Channel

Studebaker Rd / 9th St 36'' Discharge 33.78 -118.103 Los Cerritos Channel

Studebaker Rd / Anaheim Rd 81'' Discharge 33.781 -118.103 Los Cerritos Channel

Paoli Way / Marina Park Ln 72" Discharge 33.768 -118.13 Marine Stadium

Paoli Way/ Marina Park Ln 108" Discharge 33.768 -118.13 Marine Stadium

6930 Septimo St 48'' Discharge 33.775 -118.098 San Gabriel River

Across 3678 Stevely Ave 96" Discharge 33.825 -118.092 San Gabriel River

Across 3694 Stevely Ave 96'' Discharge 33.825 -118.092 San Gabriel River

San Gabriel River/Carson St 48" Discharge 33.831 -118.093 San Gabriel River

San Gabriel River/Spring St 7-42" Discharge 33.81 -118.091 San Gabriel River

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Table 4. Administrative Information

This Order was adopted by the California Regional Water Quality Control Board, Los Angeles Region on: February 6, 2014 This Order becomes effective on: March 28, 2014 This Order expires on: March 28, 2019 According to Title 23, Division 3, Chapter 9 of the California Code of Regulations and to Title 40, Part 122 of the Code of Federal Regulation, the City of Long Beach shall file a Report of Waste Discharge as application for new waste discharge requirements no later than:

180 days prior to the expiration date of this Order: September 29, According to Section 2235.4 of Title 23 of the California Code of Regulations, the terms and conditions of an expired permit are automatically continued pending issuance of a new permit if all requirements of the federal NPDES regulations on continuation of the expired permit are complied with. Accordingly, if a new Order is not adopted by the expiration date above, then the City of Long Beach shall continue to implement the requirements of this Order until a new one is adopted.

I, Samuel Unger, Executive Officer, do hereby certify that this Order with all its attachments is a full , true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Los Angeles Region, on February 6, 2014; and amended by the California Regional Water Quality Control Board, Los Angeles Region on September 8, 2016.

Samuel Unger, Executive Officer

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TABLE OF CONTENTS

I. FACILITY INFORMATION

II. FINDINGS

A. NATURE OF MS4 DISCHARGES AND SOURCES OF POLLUTANTS

B. REGULATORY HISTORY AND MUNICIPAL SEPARATE STORM SEWER SYSTEM REQUIREMENTS

C. GEOGRAPHIC COVERAGE

D. PERMIT SCOPE

E. LEGAL AUTHORITIES

F. BACKGROUND AND RATIONALE FOR REQUIREMENTS

G. WATER QUALITY CONTROL PLANS

H. OCEAN PLAN

I. ANTIDEGRADATION POLICY

J. ANTI-BACKSLIDING REQUIREMENTS

K. TOTAL MAXIMUM DAILY LOADS

L. ENDANGERED SPECIES ACT

M. MONITORING AND REPORTING

N. STANDARD AND SPECIAL PROVISIONS

O. STATE MANDATES

P. CALIFORNIA WATER CODE SECTION 13241

Q. CALIFORNIA ENVIRONMENTAL QUALITY ACT

R. NOTIFICATION OF INTERESTED PARTIES

S. CONSIDERATION OF PUBLIC COMMENT

T. NPDES PERMIT

U. PREVIOUS ORDER SUPERSEDED

V. REVIEW BY THE STATE WATER RESOURCES CONTROL BOARD

III. DISCHARGER RESPONSIBILITIES

IV. DISCHARGE PROHIBITIONS

A. TOXIC SUBSTANCES

B. NON-STORM WATER DISCHARGES

V. EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS

A. EFFLUENT LIMITATIONS

B. LAND DISCHARGE SPECIFICATIONS – NOT APPLICABLE

C. RECLAMATION SPECIFICATIONS – NOT APPLICABLE

VI. RECEIVING WATER LIMITATIONS

A. RECEIVING WATER LIMITATIONS

B. GROUND WATER LIMITATIONS – NOT APPLICABLE

VII. PROVISIONS

A. STANDARD PROVISIONS

B. MONITORING AND REPORTING PROGRAM REQUIREMENTS

C. WATERSHED MANAGEMENT PROGRAMS

D. STORM WATER MANAGEMENT PROGRAM MINIMUM CONTROL MEASURES

E. MODIFICATIONS/REVISIONS

F. PUBLIC INFORMATION AND PARTICIPATION PROGRAM

G. INDUSTRIAL/COMMERCIAL FACILITIES PROGRAM

H. SIGNIFICANT ECOLOGICAL AREAS (SEAS)

I. PROGRESSIVE ENFORCEMENT

J. PLANNING AND LAND DEVELOPMENT PROGRAM

Part I Page 5 of 129

K. CONSTRUCTION PROGRAM

L. PUBLIC AGENCY ACTIVITIES PROGRAM

M. ILLICIT CONNECTIONS AND ILLICIT DISCHARGES ELIMINATION PROGRAM

VIII. TOTAL MAXIMUM DAILY LOADS

A. GENERAL

B. COMPLIANCE DETERMINATION

C. COMMINGLED DISCHARGES

D. RECEIVING WATER LIMITATIONS ADDRESSED BY A TMDL

E. INTERIM WATER QUALITY-BASED EFFLUENT LIMITATIONS AND RECEIVING WATER LIMITATIONS

F. FINAL WATER QUALITY-BASED EFFLUENT LIMITATIONS AND/OR RECEIVING WATER LIMITATIONS

G. US EPA ESTABLISHED TMDLS

H. STATE ADOPTED TMDLS WHERE FINAL COMPLIANCE DEADLINES HAVE PASSED

I. COLORADO LAGOON OC PESTICIDES, PAHS, PCBS, METALS AND SEDIMENT TOXICITY TMDL

J. LOS CERRITOS CHANNEL METALS TMDL (USEPA ESTABLISHED)

K. BEACH CITY BEACHES AND LOS ANGELES RIVER ESTUARY TMDLS FOR INDICATOR BACTERIA (USEPA ESTABLISHED)

L. LOS ANGELES RIVER METALS TMDL

M. LOS ANGELES RIVER NITROGEN TMDL

N. LOS ANGELES RIVER BACTERIA TMDL

O. LOS ANGELES RIVER TRASH TMDL

P. DOMINGUEZ CHANNEL AND GREATER LOS ANGELES AND LONG BEACH HARBOR WATERS TOXIC POLLUTANTS TMDL

Q. SAN GABRIEL RIVER METALS AND IMPAIRED TRIBUTARIES METALS AND SELENIUM TMDL (USEPA ESTABLISHED)

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List of Tables Table 1. Discharge Information Table 2. Facility Information Table 3. MS4 Discharge Locations Table 4. Administrative Information Table 5. Designated Beneficial Uses Table 6. Designated Beneficial Uses identified in the Ocean Plan Table 7. Required Conditions for Conditionally Exempt Non-storm Water Discharges Table 8. Watershed Management Program Implementation Requirements Table 9. Source Control BMPs at Commercial and Industrial Facilities Table 10. Benchmarks Applicable to New Development Treatment BMPs Table 11. Applicable Set of BMPs for All Construction Sites Table 12. Minimum BMPs for All Construction Sites Table 13. Additional BMPs for Construction Sites Disturbing ≥ 1 Acre Table 14. Additional BMPs for High Risk Sites Table 15. Minimum BMPs for Roadway Paving or Repair Operation (Private or Public Projects Table 16. Inspection Frequencies for Sites ≥1 Acre Table 17. BMPs for Public Agency Facilities and Activities Table 18. Discharge Limitations for Dewatering Treatment BMPs

Table 19. Colorado Lagoon Interim Water Quality-based Effluent Limitations Table 20. Colorado Lagoon Final Water Quality-based Effluent Limitations Table 21. Colorado Lagoon Annual Mass-based Effluent Limitations Table 22. Los Cerritos Channel Dry Weather Waste Load Allocations Table 23. Los Cerritos Channel Wet Weather Waste Load Allocations Table 24. Long Beach City Beaches and Los Angeles River Estuary Final Waste Load Allocations Table 25. Long Beach City Beaches and Los Angeles River Estuary Geometric Mean Receiving Water Limitations Table 26. Allowable Exceedance Days of the Single Sample Maximum for Daily and Weekly Sampling Table 27. Los Angeles River Grouped Dry Weather Water Quality-based Effluent Limitations Table 28. Los Angeles River Concentration-based Water Quality-based Effluent Limitations Table 29. Los Angeles River Metals TMDL Grouped Wet Weather Water Quality-based Effluent Limitations Table 30. Los Angeles River Metals TMDL Interim and Final Water Quality-based Effluent Limitations Schedule Table 31. Los Angeles River Nitrogen TMDL Water Quality-based Effluent Limitations Table 32. Los Angeles River Bacteria TMDL Final Water Quality-based Effluent Limitations Table 33: Los Angeles River Bacteria TMDL Grouped Interim Dry Weather Single Sample Bacteria Water Quality-based Effluent

Limitations Table 34. Los Angeles River Bacteria TMDL Grouped Final Single Sample Bacteria Receiving Water Limitations Table 35. Los Angeles River Bacteria TMDL Geometric Mean Receiving Water Limitation Table 36. Los Angeles River Bacteria Implementation Schedule for Dry Weather Table 37. Los Angeles River Watershed Trash Effluent Limitations per Storm Year

(gallons of uncompressed Trash)

Table 38. Los Angeles River Watershed Trash Effluent Limitations per Storm Year

(pounds of drip-dry trash) Table 39. Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Interim Metals

Water Quality-based Effluent Limitations Table 40. Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Interim

Concentration-based Water Quality-based Effluent Limitations Table 41. Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Final Metals Water

Quality-based Effluent Limitations Table 42. Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Final Mass-based

Water Quality-based Effluent Limitations Table 43. Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Final Concentration-based Water Quality-based Effluent Limitations Table 44. Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Final Mass-based

Water Quality-based Effluent Limitations Table 45. San Gabriel River Metals and Impaired Tributaries Metals and Selenium TMDL Grouped Wet Weather Waste Load

Allocations

Part I Page 7 of 129

Table 46. San Gabriel River Metals and Impaired Tributaries Metals and Selenium TMDL Grouped Dry Weather Waste Load Allocations 129

Part I Page 8 of 129

II. FINDINGS

The California Regional Water Quality Control Board, Los Angeles Region (hereinafter Regional Water Board) finds:

A. Nature of MS4 Discharges and Sources of Pollutants The City of Long Beach owns and/or operates a large municipal separate storm sewer system (MS4) that conveys and ultimately discharges storm and non-storm water into surface waters under the jurisdiction of the Los Angeles Regional Board. These discharges originate as surface runoff from the various land uses within the City of Long Beach’s political boundary; untreated, these discharges contain pollutants with the potential to impair or contribute to the impairment of the beneficial uses in surface waters. Since 1999, the City of Long Beach’s monitoring data and analyses in support of TMDL development have identified pollutants of concern in discharges from the MS4.

These pollutants of concern vary by receiving water. They generally include but are not limited to copper, lead, zinc, cadmium, PCBs, PAHs, pyrethroid pesticides, organophosphate pesticides, fecal indicator bacteria, and trash.

Impaired water quality has myriad impacts to beneficial uses of surface waters: beach postings and closures, fish consumption advisories, localized and global ecosystem and aesthetic impacts from trash and debris, and reduced habitat for wildlife such as threatened and endangered species, among others. Federal law requires states to address impaired water bodies by developing total maximum daily loads (TMDLs). The Regional Water Board and USEPA have established 9 TMDLs that identify MS4 discharges from the City of Long Beach as one of the pollutant sources causing or contributing to these water quality impairments.

B. Regulatory History and Municipal Separate Storm Sewer System Requirements The 1972 Clean Water Act2

Federal Water Pollution Control Act; 33 U.S.C. § 1251 et seq., which, as amended in 1977, is commonly known as the

Clean Water Act.

established the NPDES Program to regulate the discharge of pollutants from point sources to waters of the United States. However, pollution from storm water and dry-weather urban runoff was largely unabated for over a decade. In response to the 1987 Amendments to the Clean Water Act, US EPA developed Phase I of the NPDES Storm Water Permitting Program in 1990, which established a framework for regulating municipal and industrial discharges of storm water and non-storm water.

The Phase I program addressed sources of storm water and dry-weather urban runoff that had the greatest potential to negatively impact water quality. In particular, under Phase I, US EPA required NPDES Permit coverage for discharges from medium and large MS4 with populations of 100,000 or more. 3

Large MS4s are those that serve a population of at least 250,000 and medium MS4s are those that serve a population between 100,000 and 250,000.

Operators of MS4s regulated under the Phase I NPDES Storm Water Program were required to obtain permit coverage for municipal discharges of storm water and non-storm water to waters of the United States.

Early in the history of the MS4 program in the Los Angeles Region, the Regional Water Board designated the MS4s owned and/or operated by the incorporated cities, including the City of Long Beach, and Los Angeles County unincorporated areas within the Coastal Watersheds of Los Angeles County as a large MS4 due to the total population

Part II Page 9 of 129 of Los Angeles County, including that of unincorporated and incorporated areas, and the interrelationship between the Permittees’ MS4s, pursuant to 40 CFR section 122.26(b)(4). In 1990, the City of Long Beach’s population alone was 429,433.

The Regional Water Board regulated discharges from the City of Long Beach’s MS4 from 1990 through 1999 under the Los Angeles countywide waste discharge requirements (WDR) contained in Order No. 90-079 and in Order No. 96-054 adopted on June 18, 1990, and on July 15, 1996, respectively. In addition to being WDRs, these orders were NPDES permits for the discharges from the MS4 serving the entire Los Angeles County area including those within the City of Long Beach.

In 1999, the Los Angeles Regional Board decided to issue a separate MS4 Permit, Order No. 99-60 to the City of Long Beach. Order No. 99-060 expired in June 2004 but has been administratively extended in accordance with federal regulation. Order No.

99-60 remains in effect until the Los Angeles Regional Board adopts a new permit.

Currently the City of Long Beach’s MS4 serves a population of approximately 465,576.

Additionally, the City of Long Beach’s MS4 is interconnected with portions of the MS4 serving the greater Los Angeles County area.

This Order implements the federal Phase I NPDES storm water regulations and includes three fundamental elements: (i) a requirement to effectively prohibit non-storm water discharges that are a source of pollutants through the MS4, (ii) requirements to implement controls to reduce the discharge of pollutants in storm water to the maximum extent practicable, and (iii) other provisions the Regional Water Board determines appropriate for the control of pollutants discharged from the MS4.

C. Geographic Coverage The permitted area, approximately 47.7 square miles, includes approximately 180 linear miles of MS4. This drainage area consists of approximately 39.28% residential, 5.35% commercial, 20.42% industrial, 5.98% parks, 5.28% planned development, 13.18% roads, and 4.64% unzoned land uses.

The MS4 discharges flow into surface waters located in the Los Angeles River Watershed, Dominguez Channel and Greater Los Angeles/Long Beach Harbors Watershed Management Area, Los Cerritos Channel and Alamitos Bay Watershed Management Area, and San Gabriel River Watershed.

This Order defines Watershed Management Areas (WMAs) consistent with the delineations used in the Los Angeles Regional Board’s Watershed Management Initiative. Attachment B includes a map depicting each WMA and the major receiving waters therein that overlap with the City of Long Beach’s jurisdictional area.

Federal, state, regional or local entities not named as a Permittee in this Order may operate MS4 facilities and/or discharge to the MS4 and water bodies covered by this Order. Pursuant to 40 CFR sections 122.26(d)(1)(ii) and 122.26(d)(2)(iv), this Order requires the City of Long Beach to maintain the necessary legal authority to control the contribution of pollutants to its MS4 and include in its storm water management program a comprehensive planning process that includes intergovernmental coordination, where necessary to address discharges from facilities outside of the City of Long Beach’s

Part II Page 10 of 129 jurisdiction or within the City of Long Beach’s jurisdiction but not owned or operated by the City of Long Beach (e.g. California Department of Transportation, Caltrans).

D. Permit Scope This Order regulates storm water and non-storm water MS4 discharges from the City of Long Beach into surface waters within the jurisdiction of the Regional Water Board.

Section 122.26(b)(8) of Title 40 of the Code of Federal Regulations (CFR) defines an MS4 as “a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) [o]wned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States; (ii) [d]esigned or used for collecting or conveying storm water; (iii) [w]hich is not a combined sewer; and (iv) [w]hich is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.”

Storm water discharges consist of those discharges that originate from precipitation events. Federal regulations define “storm water” as “storm water runoff, snow melt runoff, and surface runoff and drainage.” (40 CFR § 122.26(b)(13).) While “surface runoff and drainage” is not defined in federal law, USEPA’s preamble to its final storm water regulations demonstrates that the term is related to precipitation events such as rain and/or snowmelt. (55 Fed. Reg. 47990, 47995-96 (Nov. 16, 1990)).

Non-Storm water discharges consist of all discharges through an MS4 that do not originate from precipitation events. non-storm water discharges through an MS4 are prohibited unless authorized under a separate NPDES permit; authorized by USEPA pursuant to Sections 104(a) or 104(b) of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); composed of natural flows; the result of emergency fire-fighting activities; or conditionally exempted by this Order.

E. Legal Authorities This Order is issued pursuant to CWA Section 402 and implementing regulations adopted by the US EPA and Chapter 5.5, Division 7 of the California Water Code (commencing with Section 13370). This Order serves as an NPDES permit for MS4 discharges from the City of Long Beach to surface waters. This Order also serves as waste discharge requirements (WDRs) pursuant to Article 4, Chapter 4, Division 7 of the California Water Code (commencing with Section 13260).

F. Background and Rationale for Requirements The Regional Water Board developed the requirements in this Order based on information from the City of Long Beach’s ROWD, monitoring and reporting data, program audits, and other available information. This Order is consistent with the CWA, the CWC and regulations adopted thereunder.

In accordance with federal regulations at 40 CFR section 124.8, the Fact Sheet (Attachment F) has been prepared to explain the principal facts and the significant

Part II Page 11 of 129 factual, legal, methodological, and policy questions considered in preparing this Order.

The Fact Sheet is hereby incorporated into this Order and also constitutes part of the Findings of the Regional Water Board for this Order. Attachments A through E and G through I are also incorporated into this Order.

G. Water Quality Control Plans The CWA requires the Regional Water Board to establish water quality standards for each water body in its region. Water quality standards include beneficial uses, water quality objectives and criteria that are established at levels sufficient to protect those beneficial uses, and an antidegradation policy to prevent degrading waters unless specific circumstances apply. The Regional Water Board adopted a Water Quality Control Plan - Los Angeles Region (hereinafter Basin Plan) on June 13, 1994 and has amended it on multiple occasions since 1994. The Basin Plan designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters in the Los Angeles Region. Pursuant to CWC Section 13263(a), the requirements of this Order implement the Basin Plan.

The beneficial uses applicable to the surface water bodies that receive discharges from the City of Long Beach’s MS4 generally include those listed in Table 5 below.

Table 5. Designated Beneficial Uses

Receiving Water Name Beneficial Uses

Los Angeles River Water contact (REC1) and non-contact water recreation (REC2); ground water recharge (GWR); warm fresh water habitat (WARM); wildlife habitat (WILD); industrial process supply (PROC)

Los Cerritos Channel Industrial service supply (IND), navigation (NAV); water contact (REC1) and non-contact water recreation (REC2); commercial and sport fishing (COMM); estuarine habitat (EST); marine habitat (MAR), wildlife habitat (WILD); rare, threatened or endangered species habitat (RARE);

migration of aquatic organisms (MIGR); spawning, reproduction, and/or early development habitat (SPWN); shellfish harvesting (SHELL)

Coyote Creek Rare, threatened or endangered species habitat (RARE); municipal and domestic supply (MUN); industrial process supply (PROC); water contact (REC1) and non-contact water recreation (REC2); warm fresh water habitat (WARM); wildlife habitat (WILD)

Colorado Lagoon Water contact (REC1) and non-contact water recreation (REC2);

commercial and sport fishing (COMM); warm fresh water habitat (WARM); spawning, reproduction, and/or early development habitat (SPWN); shellfish harvesting (SHELL)

San Gabriel River Industrial process supply (PROC), agricultural supply (AGR); ground water recharge (GWR); water contact (REC1) and non-contact water recreation (REC2); warm freshwater habitat (WARM); cold freshwater habitat (COLD); wildlife habitat (WILD); rare, threatened or endangered species habitat (RARE)

H. Ocean Plan In 1972, the State Water Resources Control Board (State Water Board) adopted the Water Quality Control Plan for Ocean Waters of California, (Ocean Plan). The State

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Water Board adopted the most recent amended Ocean Plan on September 15, 2009.

The Office of Administrative Law approved it on March 10, 2010. On October 8, 2010, US EPA approved the 2009 Ocean Plan. The Ocean Plan is applicable, in its entirety, to the ocean waters of the State. In order to protect beneficial uses, the Ocean Plan establishes water quality objectives and a program of implementation. Pursuant to California Water Code section 13263(a), the requirements of this Order implement the Ocean Plan. The Ocean Plan identifies beneficial uses of ocean waters of the State to be protected as summarized in Table 6 below.

Table 6. Designated Beneficial Uses identified in the Ocean Plan

Receiving Water Name Beneficial Uses

Pacific Ocean Industrial Service Supply (IND); Water Contact (REC-1) and Non- Contact Recreation (REC-2), including aesthetic enjoyment;

Navigation (NAV); Commercial and Sport Fishing (COMM);

Mariculture, Preservation and Enhancement of Designated Areas of Special Biological Significance (ASBS); Rare and Endangered Species (RARE); Marine Habitat (MAR); Fish Migration (MIGR); Fish Spawning (SPWN) and Shellfish Harvesting (SHELL)

Los Alamitos Bay Industrial service supply (IND); navigation (NAV); water contact (REC1) and non-contact water recreation (REC2); commercial and sport fishing; estuarine habitat (COMM); marine habitat (MAR);

wildlife habitat (WILD); rare, threatened or endangered species (RARE); shellfish harvesting (SHELL); wetland habitat (WET)

Marine Stadium Water contact (REC1) and non-contact water recreation (REC2);

commercial and sport fishing (COMM); marine habitat (MAR); rare, threatened, or endangered species (RARE); wetland habitat (WET)

Long Beach Harbor Navigation (NAV); water contact (REC1) and non-contact water recreation (REC2); commercial and sportfishing (COMM); marine habitat (MAR); wildlife habitat (WILD); migration of aquatic organisms (MIGR); spawning, reproduction, and/or early development (SPWN); shellfish harvesting (SHELL)

I. Antidegradation Policy Section 131.12 of 40 CFR requires state water quality standards to include an antidegradation policy consistent with the federal antidegradation policy. The State Water Board established California’s antidegradation policy in State Water Board Resolution No. 68-16 (“Statement of Policy with Respect to Maintaining the Quality of the Waters of the State”). Resolution No. 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution No. 68-16 requires that existing water quality is maintained unless degradation is justified based on specific findings. The Regional Water Board’s Basin Plan implements, and incorporates by reference, both the state and federal antidegradation policies. The permitted discharge is consistent with the antidegradation provision of Section 131.12 and State Water Board Resolution No. 68-16 as described in more detail in the Fact Sheet.

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J. Anti-Backsliding Requirements Section 402(o)(2) of the CWA and federal regulations at 40 CFR Section 122.44(l) prohibit backsliding in NPDES permits. These anti-backsliding provisions require effluent limitations in a reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations may be relaxed. The previous permit did not include any numeric water quality based effluent limitations. The federal technology based limitation requiring controls to reduce the discharge of pollutants in storm water to the maximum extent practicable was carried over from the previous permit. As such, all effluent limitations in this Order are at least as stringent as those in the previous permit.

K. Total Maximum Daily Loads Section 303(d)(1) of the CWA requires each state to identify the waters within its boundaries that do not meet water quality standards. Water bodies that do not meet water quality standards are considered impaired and are placed on the state’s CWA Section 303(d) List. For each listed water body, the state is required to establish a TMDL of each pollutant impairing the water quality standards in that water body. A TMDL is a tool for implementing water quality standards and is based on the relationship between pollutant sources and in-stream water quality conditions. The TMDL establishes the allowable pollutant loadings for a water body and thereby provides the basis to establish water quality-based controls. These controls should provide the pollutant reduction necessary for a water body to meet water quality standards. A TMDL is the sum of the allowable pollutant loads of a single pollutant from all contributing point sources (the waste load allocations or WLAs) and non-point sources (load allocations or LAs), plus the contribution from background sources and a margin of safety (40 CFR § 130.2(i)). MS4 discharges are considered point source discharges.

Numerous receiving waters within Los Angeles County do not meet water quality standards or fully support beneficial uses and therefore have been classified as impaired on the State’s 303(d) List. The Regional Water Board and US EPA have each established TMDLs to address many of these water quality impairments. Pursuant to CWA section 402(p)(B)(3)(iii) and 40 CFR section 122.44(d)(1)(vii)(B), this Order includes requirements that are consistent with and implement WLAs that are assigned to MS4 discharges from the City of Long Beach from 9 State-adopted and US EPA established TMDLs. This Order requires the City of Long Beach to comply with the TMDL Provisions in Part VIII, which are consistent with the assumptions and requirements of the WLAs assigned to the City of Long Beach.

The WLAs in these TMDLs are expressed in several ways depending on the nature of the pollutant and its impacts on receiving waters and beneficial uses. Bacteria WLAs assigned to MS4 discharges are expressed as the number of allowable exceedance days that a water body may exceed the Basin Plan water quality objectives for protection of the REC-1 beneficial use. Since the TMDLs and the WLAs contained therein are expressed as receiving water conditions, receiving water limitations have been included in this Order that are consistent with and implement the allowable exceedance day WLAs. Water quality-based effluent limitations are also included equivalent to the Basin Plan water quality objectives to allow the opportunity for the City of Long Beach to individually demonstrate compliance at an outfall or jurisdictional

Part II Page 14 of 129 boundary, thus isolating the City of Long Beach’s pollutant contributions from those of other entities and from other pollutant sources to the receiving water.

The WLAs for trash are expressed as progressively decreasing allowable amounts of trash discharges from the City of Long Beach’s jurisdictional area within the drainage area to the impaired water body. Trash TMDLs require the City of Long Beach to make annual reductions of its discharges of trash over a set period, until the numeric target of zero trash discharged from the MS4 is achieved. The Trash TMDLs specify a specific formula for calculating and allocating annual reductions in trash discharges from each jurisdictional area within a watershed. The formula results in specified annual amounts of trash that may be discharged from each jurisdiction into the receiving waters.

Translation of the WLAs or compliance points described in the TMDLs into jurisdiction-specific load reductions from the baseline levels, as specified in the TMDL, logically results in the articulation of an annual limitation on the amount of a pollutant that may be discharged. The specification of allowable annual trash discharge amounts meets the definition of an “effluent limitation”, as that term is defined in subdivision (c) of section

13385.1 of the California Water Code. Specifically, the trash discharge limitations constitute a “numeric restriction … on the quantity [or] discharge rate … of a pollutant or pollutants that may be discharged from an authorized location.”

The WLAs for other pollutants (e.g. metals and toxics) are expressed as a concentration and/or mass and water quality-based effluent limitations have been specified consistent with the expression of the WLA, including any applicable averaging periods. Some TMDLs specify that, if certain receiving water conditions are achieved, such achievement constitutes attainment of the WLA. In these cases, receiving water limitations and/or provisions outlining these alternate means of demonstrating compliance are included in the TMDL provisions of this Order.

The inclusion of water quality-based effluent limitations and receiving water limitations to implement applicable WLAs provides a clear means of identifying required water quality outcomes within the permit and ensures accountability by the City of Long Beach to implement actions necessary to achieve the limitations.

A number of the TMDLs for bacteria, metals, and toxics establish WLAs that are assigned jointly to a group of Dischargers whose storm water and/or non-storm water discharges are or may be commingled in the MS4 prior to discharge to the receiving water subject to the TMDL. The TMDLs address commingled MS4 discharges by assigning a WLA to a group of MS4 Dischargers based on co-location within the same subwatershed. Dischargers with commingled MS4 discharges are jointly responsible for meeting the water quality-based effluent limitations and receiving water limitations assigned to MS4 discharges in this Order. "Joint responsibility" means the City of Long Beach is responsible for implementing programs in its jurisdiction, or within the MS4 for which it is an owner and/or operator, to meet the water quality-based effluent limitations and/or receiving water limitations assigned to such commingled MS4 discharges. In these cases, federal regulations state that dischargers need only comply with permit conditions relating to discharges from the MS4 for which they are owners or operators (40 CFR Section 122.26(a)(3)(vi)). Individual dischargers are only responsible for their contributions to the commingled MS4 discharge. This Order does not require the City of Long Beach to individually ensure that a commingled MS4 discharge meets the

Part II Page 15 of 129 applicable water quality-based effluent limitations included in this Order, unless the City of Long Beach is shown to be solely responsible for any exceedances.

This Order also allows the City of Long Beach to clarify and distinguish its contribution and demonstrate that the MS4 discharge from its jurisdiction did not cause or contribute to exceedances of applicable water quality-based effluent limitations and/or receiving water limitations. If such a demonstration is made, though the City of Long Beach’s discharge may commingle with that of other Dischargers, the City of Long Beach would not be held jointly responsible for the exceedance of the water quality-based effluent limitation or receiving water limitation.

Given the interconnected nature of the MS4s in general, the Regional Water Board expects the City of Long Beach to work cooperatively to control the contribution of pollutants from one portion of the MS4 to another portion of the system through inter-agency agreements or other formal arrangements.

L. Endangered Species Act This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish and Game Code, §§ 2050 to 2115.5) or the Federal Endangered Species Act (16 U.S.C.A., §§ 1531 to 1544). This Order requires compliance with requirements to protect the beneficial uses of waters of the United States. The City of Long Beach is responsible for meeting all requirements of the applicable Endangered Species Act.

M. Monitoring and Reporting Section 308(a) of the federal Clean Water Act, and 40 CFR sections 122.41(h), (j)-(l), 122.41(i), and 122.48, require that all NPDES permits specify monitoring and reporting requirements. Federal regulations applicable to large and medium MS4s also specify additional monitoring and reporting requirements. (40 C.F.R. §§ 122.26(d)(2)(i)(F) & (d)(2)(iii)(D), 122.42(c).) California Water Code Section 13383 authorizes the Regional Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. The Monitoring and Reporting Program in this Order requires monitoring, reporting, and recordkeeping requirements that implement the federal and state laws and/or regulations. This Monitoring and Reporting Program is provided in Attachment E.

N. Standard and Special Provisions The standard provisions, which apply to all NPDES permits in accordance with 40 CFR section 122.41, and additional conditions applicable to specified categories of permits in accordance with 40 CFR section 122.42, are provided in Attachment D. The City of Long Beach must comply with all standard provisions and with those additional conditions that are applicable under 40 CFR section 122.42 provided in Attachment D.

The Regional Water Board has also included various special provisions applicable to the City of Long Beach in Part VII of this Order. The rationale for the special provisions contained in this Order is provided in the Fact Sheet (Attachment F).

O. State Mandates Article XIII B, section 6(a) of the California Constitution provides that whenever “any state agency mandates a new program or higher level of service on any local

Part II Page 16 of 129 government, the state shall provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service.” The requirements of this Order do not constitute state mandates that are subject to a subvention of funds for several reasons as described in detail in the attached Fact Sheet (Attachment F).

P. California Water Code Section 13241 The California Supreme Court has ruled that although California Water Code section 13263 requires the State and Regional Water Boards (collectively, Water Boards) to consider the factors set forth in California Water Code section 13241 when issuing an NPDES permit, the Water Boards may not consider the factors to justify imposing pollutant restriction that are less stringent than the applicable federal regulations require. (City of Burbank v. State Water Resources Control Bd. (2005) 35 Cal.4th 613, 618, 626-627). However, when the pollutant restrictions in an NPDES permit are more stringent than federal law requires, California Water Code section 13263 requires that the Water Boards consider the factors described in section 13241 as they apply to those specific restrictions. As noted in the preceding finding, the Regional Water Board finds that the requirements in this permit are not more stringent than the minimum federal requirements. Therefore, a 13241 analysis is not required for permit requirements that implement the effective prohibition on the discharge of non-storm water discharges into the MS4, or for controls to reduce the discharge of pollutants in storm water to the maximum extent practicable, or other provisions that the Regional Water Board has determined appropriate to control such pollutants, as those requirements are mandated by federal law. Notwithstanding the above, the Regional Water Board has developed an economic analysis of the permit’s requirements, consistent with California Water Code section 13241. That analysis is provided in the Fact Sheet (Attachment F of this Order).

Q. California Environmental Quality Act The action to adopt an NPDES Permit is exempt from the provisions of Chapter 3 of the California Environmental Quality Act (CEQA) (Public Resources Code, § 21100, et seq.)

pursuant to California Water Code section 13389. (County of Los Angeles v. Cal. Water Boards (2006) 143 Cal.App.4th 985.)

R. Notification of Interested Parties In accordance with State and federal laws and regulations, the Regional Water Board notified the City of Long Beach and interested agencies and persons of its intent to prescribe WDRs for the discharges authorized by this Order and provided them with opportunities to provide written and oral comments. The Fact Sheet contains the details on notifications, meetings, and workshops held during the drafting and consideration of this Order.

S. Consideration of Public Comment The Regional Water Board, in a public meeting, heard and considered all oral and written comments pertaining to the discharges authorized by this Order and the requirements contained herein. The Regional Water Board prepared written responses to all timely comments, and these responses are incorporated by reference as part of this Order.

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T. NPDES Permit This Order serves as an NPDES permit pursuant to CWA section 402 or amendments thereto, and becomes effective fifty (50) days after the date of its adoption, provided the US EPA Region IX Regional Administrator expresses no objections.

U. Previous Order Superseded This Order supersedes Order No. 99-060 except for enforcement purposes.

V. Review by the State Water Resources Control Board Any person aggrieved by this action of the Regional Water Board may petition the State Water Board to review the action in accordance with California Water Code section 13320 and California Code of Regulations, Title 23, Sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the Regional Water Board action, except that if the thirtieth day following the action falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the internet at:

http://www.waterboards.ca.gov/public_notices/petitions/water_quality or will be provided upon request.

THEREFORE, IT IS HEREBY ORDERED, in order to meet the provisions contained in Division 7 of the California Water Code (commencing with Section 13000), and regulations, plans, and policies adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, the City of Long Beach shall comply with the following requirements in this Order.

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III. DISCHARGER RESPONSIBILITIES

A. The City of Long Beach is required to comply with the requirements of this Order applicable to discharges within its boundaries. The City shall do the following:

1. Comply with the provisions in this Order including attachments and any modifications thereto.

2. Inform the Regional Water Board of instances of non-compliance pursuant to the

MRP.

3. Submit complete and timely reports including but not limited to non-compliance reporting, annual reports, monitoring reports, and the report of waste discharge.

4. Coordinate among its internal departments and agencies, as necessary, to facilitate the implementation of the requirements of this Order in an efficient and cost-effective manner.

5. Participate in intra-agency coordination (e.g. Planning Department, Fire Department, Building and Safety, Code Enforcement, Public Health, Parks and Recreation, and others) and inter-agency coordination (e.g. other dischargers) necessary to successfully implement the provisions of this Order.

IV. DISCHARGE PROHIBITIONS

A. Toxic Substances

Any discharge from the MS4 into surface waters in concentrations acutely or chronically toxic to animal or plant life is prohibited.

B. Non-Storm Water Discharges

1. Prohibition of Non-Storm Water Discharges. The City of Long Beach shall prohibit non-storm water discharges through the MS4 to receiving waters except where such discharges are either:

a. Authorized non-storm water discharges separately regulated by an individual or general NPDES permit;

b. Temporary non-storm water discharges authorized by US EPA4

These typically include short-term, high volume discharges resulting from the development or redevelopment of groundwater extraction wells, or US EPA or state-required compliance testing of potable water treatment plants, as part of a US EPA authorized groundwater remediation action under CERCLA.

pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements (“ARARs”) under section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs by US EPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by US EPA that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR section 300.415(j);

c. Authorized non-storm water discharges from emergency fire-fighting activities (i.e., flows necessary for the protection of life or property)5

Discharges from vehicle washing, building fire suppression system maintenance and testing (e.g., sprinkler line flushing), fire hydrant maintenance and testing, and other routine maintenance activities are not considered emergency fire-fighting activities.

d. Conditionally exempt non storm water discharges in accordance with Part

IV.B.2 of this Order; or

e. Natural flows, including:

i. Natural springs;

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ii. Flows from riparian habitats and wetlands;

iii. Diverted stream flows, authorized by the State or Regional Water Board;

iv. Uncontaminated ground water…