AgdaPkt 2009-11-09 - Laserfiche WebLink

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REPORT 78 age 1 November 9, 2009 SUBJECT Petition to Appeal the Municipal Regional Permit (MRP) for Stormwater - Final Tentative Order NPDES No. CAS612008 RECOMMENDATION Authorize by motion the City Manager to use his discretion in determining one of three options for filing a Petition for Review of the Municipal Regional Permit (MRP) for Stormwater (Final Tentative Order NPDES No. CAS612008) for City of Redwood City BACKGROUND On October 14, 2009, the San Francisco Bay Area Regional Water Quality Control Board (RWQCB) approved the MRP for the counties (and the municipalities within the counties) of San Mateo, Santa Clara, Alameda, and Contra Costa, and the cities of Fairfield, Suisun City, and Vallejo, and the Vallejo Sanitation and Flood Control District. The permit becomes effective on December 1, 2009. Although there was some discussion and concern raised about the cost to the cities and counties, the Regional Board approved the permit assuming that agencies will find the resources to meet the requirements. The City/County Association of Governments (C/CAG) estimates the permit will significantly raise cost, a minimum of 50..750/0, for the San Mateo Countywide Water Pollution Prevention Program. The main components driving the increased cost are the trash control, extensive monitoring, and low impact development (LID) requirements of the permit. City Public Works Services staff estimates that the City's General Fund obligation for maintenance costs will increase a minimum of $500,000 over the next two years for just labor to meet the trash control requirements of the permit. Likewise, the new requirement for water quality testing, monitoring, and reporting for storm pump stations will further impact General Fund monies by an estimated $120,000 per year, excluding potential capital costs associated with required corrective action, increased monitoring, and inspections mandated if water quality samplings exceed certain permit specific limits. Agencies have until November 13, 2009 to file an appeal of the permit with the State Water Resources Board, and concurrently file with the RWQCB. Staff is recommending that City Council authorize the City Manager, to use his discretion in reviewing and determining the most appropriate option by which the City of Redwood City may file a Petition for Review (appeal) of the MRP. Several agencies have jointly sanctioned preparation of a draft model petition (attached) and detailed three options for agencies to use to submit a petition to the State Water Resources Board, either singularly or jointly. Agencies may follow one of the three suggested options below: . Option 1: Submit its own simple stand-alone Petition for Review using the model petition