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HomeMy WebLinkAbout24-03 RESOLUTION• • RESOLUTION NO. 24-03 A RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SUBMIT THE CITY OF FAYETTEVILLE'S "STORM WATER PHASE 11" PERMIT APPLICATION TO THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or his designee to submit the City of Fayetteville's "Storm Water Phase II" permit application to the Arkansas Department of Environmental Quality. PASSED and APPROVED this 18th day of February, 2003. { • E`ertAPPROVED: e \big ., ; DAN COODY, M �laatsi: By: _AO SONDRA SMITH, City Clerk FAYETTE* LLE TNT CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Jim Beavers Engineering From: Clarice Buffalohead-Pearman City Clerk Division Date: February 25, 2003 Re: Res. No. 24-03 Attached is a executed copy of the above resolution authorizing the mayor or his designee to submit Storm Water Phase II permit application to the ADEQ. If anything else is needed please let the clerk's office know. /cbp Nancy Smith, Internal Auditor STAFF REVIEW FORM x AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 18, 2003 FROM: • Jim Beavers Engineering CPE Services Name Division Department ACTION REQUIRED: Approval of a Resolution authorizing the Mayor or his designee to submit the City of Fayetteville's "Storm water Phase II" permit application to the Arkansas Department of Environmental Quality (ADEQ). Such permit application shall be submitted no later than March 10, 2003. Compliance shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. COST TO CITY: $ TBD Cost of this Request 4470-9470-5817.00 Account Number 02097 Project Number $200,000 Category/Project Hudget 2003 Funds Used To Date 2003 $200,000 Remaining Balance 2003 Bridge and Drainage Category/Project Name Drainage & Phase II Program Name Sales Tax Fund BUDGE REVIEW: udgeiManager �— x Budgeted Item Budget Adjustment Attached Finance and Internal Services Director CONTRACT/GRANT/LEASE REVIEW: '1941/1,464 //2y/o3 Accounting Manager l Date GRANTING AGENCY: c-Snti, /49 103 Internal RQditor Date • • City � Date ADA Coordinator Date Purchasing Officer I [3 11a -s Date Grant Coordinator Date STAFF RECOMMENDATION: Approval of the requested resolution fi/,rto O/ -?7 O 3 ivision Head Department Director Date Cross Reference 08-o3 Date New Item: Yes_ No x Prev Ord/Res it: 102-02 Fihiance and Internal Services Director Date July 2 2002 Orig Contract Date: Orig Contract No: • • STAFF REVIEW FORM Page 2 Description Storm water Phase II Meeting Date Februaryl8 2003 Comments: Budget Manager Reference Comments: Accounting Manager City Attomey Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Dan Coody, Mayor Fayetteville City Council Thru: Staff Review //'' From. Jim Beavers, Engineering- Date: January 27, 2003 Re: City Council Meeting February 18, 2003, Storm water "Phase 1I NPDES" Requirements, Request for the City Council to Authorize the Mayor to submit the City's application to the Arkansas Department of Environmental Quality (ADEQ). 1. Background The City of Fayetteville, in compliance with Federal Law, is required to submit an initial application to the Arkansas Department of Environmental Quality (ADEQ) no later than March 10, 2003 for the "Phase 11" National Pollution Discharge Elimination System (NPDES) Storm Water requirements. The application should be approved and signed by the Mayor or his specified designee. Specific background information is included in an accompanying memorandum (Enclosure 1) and attachments (Enclosures 2 — 8). 2. Current Status The Phase 11 Rule requires that affected entities submit a permit application by March 10, 2003. The City will have up to 5 years to implement the plan. The EPA Fact Sheets recommend 4 year schedules to prepare and implement the requirements. Additional guidance concerning the time line and submittal requirements is anticipated from the Arkansas Department of Environmental Quality (ADEQ) in 2003. (The EPA and ADEQ are late in providing general submittal recommendations and requirements, ADEQ guidance is not anticipated prior to the submittal deadline). 3. Recommendation/Request A. Immediate help from the City Council: Page 1 of 2 • • Staff requests that the City Council approve a Resolution authorizing the Mayor or his designee to submit thc City of Fayetteville's "Storm water Phase II" permit application to the Arkansas Department of Environmental Quality (ADEQ). Such permit application shall be submitted no later than March 10, 2003. Compliance shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. Please note as of this date (January 27, 2003) the submission has not been drafted. Two possible drafts are included as Enclosures 5 and 6. The final submittal will be developed by staff with assistance from Administration, the City Attorney's Office and guidance from the City Council. The submission will be standard and generic in nature and allow the City additional time to formulate specific actions and/or future ordinances. 13. Further guidance and opportunities: As the program and plan is developed and implemented, the City Council, Administration and the public will have opportunities to provide guidance. Such guidance may include input on the plan, the new and/or revised ordinances, and policy decisions. One very important policy decision to be made will be the City of Fayetteville's definition and application of "Maximum Extent Practicable". Competing interests within the community and the region have expressed differing views on "Maximum Extent" and "Practicable". Enclosures. 1. Memorandum dated January 24, 2003, Storm Water Phase 11 Requirements, Jim Beavers. 2. Copies of the power point presentations from the January 23, 2003 Phase 11 meeting held at thc Fayetteville Town Center: A. Brent Larson (EPA), B. Findlay Edwards (U of A Professor), C. Richard Mays (Environmental Attorney). 3. Copies of EPA Phase 11 Facts Sheets 1.0, 2.0, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 3.0, 3.1, 4.0. 4. Population for Storm Water Entities as Defined by the 2000 Census and published by the EPA. 5. Draft model permit (EPA). 6. Draft model permit Asist, Inc. (under review by the NWARPC focus group). 7. Environmental storm water structure lid. 8. Informational brochure developed by the University of Arkansas Cooperative Extension Service. Page 2 of 2 • • Enclosure 1 Memorandum dated January 24, 2003, Storm Water Phase II Requirements, Jim Beavers FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Dan Coody, Mayor Fayetteville City Council From. Jim Beavers, Engineering. i... � Date: January 24, 2003 Re: City Council Meeting February 18, 2003, Storm water "Phase]] NPDES" requirements - Supplemental information. 1. Introduction: A. March 10, 2003 application deadline. The City of Fayetteville, in compliance with Federal Law, is required to submit an initial application to the Arkansas Department of Environmental Quality (ADEQ) no later than March 10, 2003 for the "Phase II" National Pollution Discharge Elimination System (NPDES) Storm Water requirements. B. Background. The Federal Water Pollution Control Act Amendments of 1972, more commonly known as "The Clean Water Act" (CWA) was enacted October 18, 1972 (PL 92-500). This law required and enabled Local, State and Federal water quality programs and requirements. Goals of the CWA include the elimination of discharged pollutants to Waters of the U.S. and to restore all waters to "fishable and swimable". Polluted storm water runoff, including chemicals, nutrients, sediments and siltation, has been cited as a cause of impairment for waterways and water bodies. This impairment contributes to loss of aquatic habitat, loss of aesthetic value, loss of recreational waterways and potential threats to public drinking water supplies and public health. The 1987 amendments to the Clean Water Act (CWA) authorized the Environmental Protection Agency (EPA) to regulate non -point source discharges including storm water discharges. The regulation has been implemented through a phased program using the National Pollution Discharge Elimination System (NPDES). Page 1 of 9 • • The "Phasc I" NPDES Storm water rule was implemented in November 1990. This rule addressed storm water discharges from Medium and Large municipal Separate Storm Sewer Systems (MS4's) for urbanized areas with a population greater than 100,000, for all construction sites with disturbed areas greater than 5 acres and ten categories of industrial activities. The City of Little Rock is the only "Phase I" city within Arkansas. The "Phase I" requirements included regulation of the construction activities disturbing 5 acres or greater, certain industrial storm water runoff, mandatory monitoring, permit specific requirements and permit specific activities. The "Phase II" Storm water Final Rule was approved October 1999 and published in the Federal Register on December 8, 1999 (64FR96722). "Phase II" NPDES will regulate Small MS4's within urbanized areas, construction sites with disturbances of 1 - 5 acres and certain industrial activities. "Phase II" requirements will differ from "Phase I" in that monitoring is to be established by the "Permitting Authority", the Small MS4's are required to formulate a storm water management plan based upon "best management practices", develop measurable goals based upon reducing pollution to the "maximum extent practicable" and develop a time frame of up to five years to implement the program. 2. Phase 11 Final Rule Requirements. A. Affected Municipalities and Urbanized areas. Urbanized areas have been defined by the EPA as a central place (or places) and the adjacent densely settled surrounding area that together have a minimum population of 50,000 and an average density of 1,000/square mile in the core area plus a band with an average density of 500/square mile. The MS4's include the urbanized areas and interconnected systems. Area Municipalities affected by the Phase II requirements include Fayetteville, Springdale, Rogers, Bentonville, Elkins, Farmington, Johnson, and Greenland. Please refer to Enclosure 4 for specific locations listed in Arkansas by the EPA. The Permitting Authority (ADEQ), has the authority to phase in the requirements or exempt from the requirements those municipalities with a population of less than 10,000 where ADEQ can provide documentation of "no potential for significant water quality impairment". B. Specific Requirements of the Rule. The Phase II Final Rule (law) includes six specific requirements: 1. Public education and outreach 2. Public involvement and participation 3. Illicit discharge detection and elimination 4. Construction site storm water runoff control 5. Post construction storm water management in new development and redevelopment Page 2 of 9 6. Pollution prevention/good housekeeping for municipal operations Each of the six specific requirements noted above have detailed and specific requirements which include: 1. Best Management Practices (BMPs) 2. Measurable goals 3. Schedule of action(s) 4. Responsible person (s) 5. Record keeping 6. Reporting Other requirements to implement the program will include: 1. System Inventory and designation of outfalls. 2. Operation and maintenance of the drainage system. 3. An ordinance prohibiting illicit discharges. 4. Storm Water Pollution Prevention Plans may be required for construction sites including individual residential lots that are a part of the overall development plan (awaiting final decision by ADEQ). 5. Note that monitoring is not required in Phase II by the EPA but may be added by the Permitting Authority (ADEQ) or the local municipality. (source: EPA/40 CFR Parts 9,122,123 and 124; EPA Region 6/Brent Larson) C. Delegation of Authority and Responsibility: EPA >> ADEQ» Municipalities (MS4's) FPA: * Oversight of program/regulation * Referrals (problems that the municipalities and States cannot resolve) * Evaluations State ADEQ: * Administration of program/regulation * Enforcement * Reviews of reports and actions of permittees * Data entry • Evaluation of program Page 3, of 9 Municipalities/MS4's/Permittees: • Implementation of the regulation specifics * Inspection • Enforcement • Reporting The EPA is delegating the responsibility for inspections and compliance to the Permitting Authority (ADEQ) which is in tum delegating the responsibility to the City. Currently all construction activities which disturb 5 acres or greater are permitted by the State. The City does not enforce the specifics of the State's requirements. The City does enforce the City's "Grading" and "Drainage" Ordinances. As the Storm Water Phase 11 Rule is implemented, the disturbed area requirements drops to I acre or greater and the municipalities arc the enforcement agency. The EPA and State requirements for storm water pollution prevention plans arc currently more stringent than the City's. The City and ADEQ must verify the requirements as the plan is implemented over the next five years. 3. The City of Fayetteville. a. Representatives from the Engineering Division have attended seminars concerning Phase II sponsored by the EPA, American Public Works Association, the University of Arkansas and manufacturing representatives. b. We participate with other local representatives and citizens in the NWA Regional Planning Commission's Storm Water Focus group. c. The City of Fayetteville is ahead of most municipalities in that we have, and enforce, ordinances to control grading and drainage including construction site erosion control and post construction water quantity. The City's existing ordinances are good starting positions but do not fully develop the requirements for Phase II water quality. d. On May 2, 2002 Engineering amended the City of Fayetteville's Drainage Criteria Manual to require the use of a Phase II environmental message on all new storm water structure lids. A copy of the requirement is attached as Enclosure 7. e. The City will continue to develop the plan and time schedule in compliance with EPA guidelines, ADEQ directives and the City Council's guidance. f. The City of Fayetteville's submittal for March 10, 2003 deadline will be developed by staff with assistance from Administration and the City Council as applicable. The submitted plan/permit will be standard and generic in nature in that it will allow the City additional time to Page 4of9 • • formulate any specific actions and/or future ordinances. Such plan or permit shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. There will be many opportunities and challenges to formulate the City's plan. Such opportunities include public education and public participation. Challenges include new policies on drainage maintenance including channels and detention ponds and the struggle to balance Phase II water quality standards with the goals of a developer friendly region. 4. NWARPC storm water focus group. The NWA Regional Planning Commission (NWARPC) Storm Water Focus Group has been meeting regularly since May 2002 to develop Public Education and Public participation tools, share information and knowledge and to further work together on the plan/permit application. The focus group includes representatives from Regional Planning, the University, the Cooperative Extension Service, Arkansas Soil and Water Conservation Commission (ASWCC), the Cities of Bentonville, Rogers, Springdale, Fayetteville, Farmington, Greenland, Bethel Heights, Washington County and interested private citizens. The Focus Group's objective is to formulate BMP's and Tools which may be applied cohesively across the Northwest Arkansas (NWA) region. 1t is desired that all NWA communities adopt a general standard set of BMP's and requirements to protect the watersheds, to provide a common set of requirements for developers and builders and to help to provide a level competitive atmosphere between NWA municipalities. Further the cooperation within the NWARPC focus group should reduce the planning and permit development costs to any given entity. The NWARPC focus group also promotes the potential cooperation with the University, the Arkansas Highway and Transportation Department, and other municipalities; and opens for discussion the potential for Watershed or Regional storm water districts. It is noted that the NWARPC has no regulatory powers and each municipality may enact requirements that are different from or more stringent than the base BMP's and Tools developed by the focus group. Congressman Boozman's Office, The Cooperative Extension Service and the NWARPC Focus Group hosted the NWA Regional Storm water Phase II meeting held this past January 23 at the Town Center. Elected officials from NWA communities were invited. Copies of the presentations ("Overview of the Storm water Program", Brent Larson; "What do the New Storm water NPDES Regulations mean for Northwest Arkansas?", Dr. Findlay Edwards; "Municipal Storm water Management Enforcement Considerations", Richard Mays), from the January 23 meeting are attached (Enclosure 2). Page 5 of 9 5. Arkansas Department of Environmental Quality. The EPA has delegated the Permitting Authority to the Arkansas Department of Environmental Quality. Although, ADEQ had previously committed to providing additional information to the affected urbanized areas in January or February 2003, ADEQ reported on January 23, 2003 that the information would not be available until after the permit submittal deadline of March 10, 2003. ADEQ reports that the EPA has been late in providing information to ADEQ and thus ADEQ will be late in providing information to the Cities and other MS4's. Lacking specific guidance from the Permitting Authority (ADEQ) the City's submittal must be standard and generic in nature such that it will allow the City additional time to formulate any specific actions and/or future ordinances 6. Estimated costs and Funding source. A. Estimated costs to implement and administer the program. Implementation. Fayetteville will develop the program 'in-house" within the City's Engineering Division cooperating with other applicable Divisions which may include Transportation and Water/Sewer. Other municipalities which do not have in-house engineering may find it necessary to hire consultants to establish their program and obtain their permit. The cooperation within the NWARPC focus group should lessen the costs to any one entity. The EPA estimates that the first year costs of the program will range from S1.39 to S7.83 per capita. For a City of 50,000 this will be $69,500 to $391,500. (Source: EPA Region 6/Brent Larson) Administration. Additional staff may be required to perform the functions and requirements noted in the regulations. Staffing requirements will be formulated over the next 1 — 4 years as the plan specifics are determined and implemented. The additional staff may include engineers, scientists, inspectors and maintenance workers. Portions of such work may be contracted to area providers in lieu of additional staffing. The EPA estimates that the annual costs to administer the program will range from $1.23 to 55.73 per capita. For a City of 50,000 this will be $61,500 to $286,500. (Source: EPA Region 6/Brent Larson) The Regulation (Rule) lists the national average annual costs as $9.16 per household. Please note that we understand that the estimates given represent a significant range of values. Plan reviews, reporting, inspections and maintenance will be key elements of the permit. Certain Page 6 of 9 • • Phase I municipalities have found it necessary to add maintenance crews dedicated to additional maintenance of inlets, boxes, catch basins, ponds, ditches, channels ... A more accurate determination of the costs will be determined as the plan is implemented over the next 1 — 4 years. B. Funding. The Regulation is an "unfunded mandate". Potential sources for funding include: * General Funds * Sales Tax ' General Obligation Bonds * Impact and Service Fees * Special Assessment Districts * Storm Water Utility Based upon presentations at EPA seminars, the Storm Water Drainage Utility appears to be a popular approach for Phase 1 Cities in Oklahoma and Texas. Average charges for residential properties are $2.00 -3.00 per month. Commercial and Industrial charges are based upon measured impervious arca. The Arkansas Legislature approved regulations in 2001 (Bill 1737) to allow the formation of storm water utilities and regional storm water utilities. Advantages of a Storm Water Utility: * Does not take General Funds or Sales tax funds away from existing programs or projects. * Fees based upon the measured or averaged amount or percentage of impervious coverage. * Stable source of income. * Allows for increased maintenance of the drainage system including flood prevention. * Must be equitable and fair and conform to State law. * Potential credits for on-site improvements. * Can use existing billing system (water bill, solid waste, etc.) The City of Fayetteville has budgeted Sales Tax (Capital Improvement Program) money for the design and initial implementation of the program. Storm drainage maintenance is a regularly budgeted item with the Transportation (Street) Division's budget. The City of Fayetteville may be interested in investigating a Storm Water Drainage utility for the perpetual administration of the program. Such investigation of forming a utility will include guidance from the citizens and elected officials. Page 7 of 9 • • 7. Phase 11 Proposed Time Line/Schedule. The City of Fayetteville will have time to complete and implement the plan. The Rule requires that the affected entities submit the general plan or permit by March 10, 2003. The City will have up to 5 years to implement the plan. The EPA Fact Sheets recommend 4 year schedules to prepare and implement the requirements. Copies of the EPA Fact Sheets are attached as Enclosure 3. Additional guidance concerning the time line and submittal requirements are anticipated from ADEQ in 2003. 8. Requested Resolution and Authorization. A. Immediate help from the City Council: Engineering requests that the City Council approve a Resolution authorizing the Mayor or his designee to submit the City of Fayetteville's "Storm water Phase II" permit application to the Arkansas Department of Environmental Quality (ADEQ). Such permit application shall be submitted no later than March 10, 2003. Compliance shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. Please note as of this date (January 24, 2003) the submission has not been drafted. Two possible drafts are included as Enclosures 5 and 6. The final submittal will be developed by staff with assistance from Administration, the City Attorney's Office and guidance from the City Council. The submission will be standard and generic in nature in that it will allow the City additional time to formulate specific actions and/or future ordinances. B. Further guidance and opportunities. As the program and plan is developed and implemented, the City Council, Administration and the public will have opportunities to provide guidance. Such guidance may include input on the plan, the new and/or revised ordinances, and policy decisions. One very important policy decision to be made will be the City of Fayetteville's definition and application of "Maximum Extent Practicable". Competing interests within the community and the region have expressed differing views on "Maximum Extent" and "Practicable". Page 8 of 9 • • 9. Additional resources. There are numerous public and private resources including texts, model ordinances, BMP's, and websites available to help plan and implement the "Phase II" requirements. Some of the best have been produced by the EPA and are available at EPA and related websites. Such resources include the EPA Fact Sheets for Storm Water Phase II (Enclosure 3). Other excellent local resources include Findlay Edwards, P.E., PhD, University of Arkansas, Katie Teague, University Cooperative Extension Service, Bob Morgan, ASWCC, NWARPC and the Focus Group. The efforts of the University of Arkansas Cooperative Extension Service deserve special recognition for their ongoing public education programs for young people and adults in Fayetteville and NW Arkansas. 10. Enclosures. 1. This memorandum dated January 24, 2003, Storm Water Phasc 11 Requirements, Jim Beavers (presented as an enclosure to the cover memorandum dated January 27, 2003). 2. Copies of the power point presentations from the January 23, 2003 Phase II meeting held at the Fayetteville Town Center. A. Brent Larson (EPA), B. Findlay Edwards (U of A Professor), C. Richard Mays (Environmental Attorney). 3. Copies of EPA Phase Il Facts Sheets 1.0, 2.0, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 3.0, 3.1, 4.0. 4. Population for Storm Water Entities as Defined by the 2000 Census and published by the EPA. 5. Draft model permit (EPA). 6. Draft model permit Asist, Inc. (under review by the NWARPC focus group). 7. Environmental storm water structure lid. 8. Informational brochure developed by the University of Arkansas Cooperative Extension Service. Page 9 of 9 Enclosure 2 Copies of the power point presentations from the January 23, 2003 Phase 11 meeting held at the Fayetteville Town Center. A. Brent Larson (EPA), "Overview of the Storm water Program" B. Dr. Findlay Edwards (U of A Professor), "What do the New Storm water NPDES Regulations mean for Northwest Arkansas?" C. Richard Mays (Environmental Attorney) "Municipal Storm water Management Enforcement Considerations" What Do States Identify as the Leading Causes and Sources Affecting Impaired Waters? • Leading Causes: Siltation, nutrients, bacteria, metals (primarily mercury), and oxygen depleting substances • Leading Sources: Pollution from urban and agricultural land that is transported by precipitation and runoff Why is Storm Water a Problem? • Developed and disturbed land contributes to problems — Quality — Quantity • Other pollutants enter storm sewer systems and pollute storm water - Illicit discharges — Illicit connections Sources of Impairment • According to 2000 305b report, of the 32% of the nations waters that wee assessed, 40% were impaired: - Riven di Shoes: 19% assessed, 39% impaled. 11%of impalement the to urban nano®storm sewers - rib & Pends: 43% assessed, 45% impaired, 1S% of impairment Ate to urban nmoWstorm sewers - Emu sloe: 36% assessed 51% impaired, 32% of impairment doe to urban nmofVstorm sewers - >50% of impaired shoreline mile art impaired die to urban nmotnstoem sewers Storm Water Pollutants • Sediment • Nutrients • Bacteria • Oxygen Demand • Oil and Grease • Trace Metals • Toxic Chemicals • Chlorides • Thermal Impacts Potential Impacts from Storm Water • Destruction/Degradation of aquatic habitat • Accelerated loss of storage in lakes/reservoirs • Diminished water rcCrcatina experieaeea • Reduced aesthetic and preservation values • Increased hydroelectric facility impairment • Accelerated scream bank erosion • Increased flood damages • Reduced infiltratioa/grotmdwater recharge Some Impaired Waters in Arkansas and White River Basins • Stone Dam Creek— nutrients • Whig Creek — nutrients • Poteau River —metals • Clear Creek — siltation/turbidity • Town Branch — nutrients • Hicks Creek — nutrients • White River— siltation • Holman Creek- nutrients