AgdaPkt 2016-02-22 Closed and Interview and Joint SA PFA

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City of Redwood City, Public Works Division Initial Study & Mitigated Negative Declaration Document Date: October 15, 2015 Revision Date: January 25, 2016 Page 7 Blankinship & Associates, Inc. 1.2 Regulatory Setting On June 4, 2004, The State Water Resources Control Board (SWRCB) released the Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Aquatic Pesticides for Aquatic Weed Control in Waters of the United States, #CAG990005. This permit expired in May 2009, but was administratively continued until November 30, 2013. The Statewide General National Pollutant Discharge Elimination System (NPDES Permit for Residual Aquatic Pesticide Discharges to Water of the United States from Algae and Aquatic Weed Control Applications (“Permit”) was adopted on March 5, 2013 and became available on December 1, 2013 (SWRCB 2013). The Permit requires compliance with the following: • The Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries in California (aka the State Implementation Plan, or SIP) (SWRCB, 2000) • The California Toxics Rule (CTR) (CTR, 2000) • Applicable Regional Water Quality Control Board (RWQCB) Basin Plan Water Quality Objectives (WQOs) (RWQCB, 2003) The SIP assigns effluent limitations for CTR priority pollutants, including the aquatic herbicide copper. Further, the SIP prohibits discharges of priority pollutants in excess of applicable water quality criteria outside the mixing zone.1 Although the SIP prohibits the discharge of copper in excess of applicable water quality criteria into receiving waters, Section 5.3 of the SIP allows for short-term or seasonal exceptions if determined to be necessary to implement control measures either (1) for resource or pest management conducted by public entities to fulfill statutory requirements, or (2) regarding drinking water conducted to fulfill statutory requirements under the federal Safe Drinking Water Act or the California Health and Safety Code. Exceptions may also be granted for draining water supply reservoirs, canals, and pipelines for maintenance, for draining municipal storm water conveyances during cleaning or maintenance, or for draining water treatment facilities during cleaning or maintenance. The City has concluded that it meets one or more of the criteria for gaining a Section 5.3 SIP exception. Permittees who elect to use a SIP exception must satisfactorily complete several steps, including preparation and submission of an application and California Environmental Quality Act (CEQA) document to SWRCB. Consistent with Section IX.C.1.a. of the Permit, entities may be added to Attachment G of the Permit if they have qualified for a SIP Section 5.3 exception2. Accordingly, when the application and CEQA process is complete, and a short-term or seasonal exemption from meeting the receiving water limit for copper is granted, Attachment G of the Permit will be revised to list the City’s exemption and the City may apply aquatic herbicides in accordance with the Permit as revised. This document must be submitted to the 1 Mixing Zone is defined in the SIP as “a limited volume of receiving water that is allocated for mixing with a wastewater discharge where water quality criteria can be exceeded without causing adverse effects to the overall waterbody.” 2 The SWRCB has indicated that the Permit may be re-opened for additional CEQA document submission on an as-needed basis. 6.3.A. - Page 15