HomeMy WebLinkAboutItem_8 Regional Board Staff Report Bacteria TMDL TSOCalifornia Regional Water Quality Control Board
Santa Ana Region
Staff Report
December 6, 2019
ITEM: 8
SUBJECT: Issuance of Time Schedule Order No. R8-2019-0050 for the County of
Orange, the Orange County Flood Control District, and the Cities of Tustin,
Irvine, Laguna Hills, Laguna Woods, Costa Mesa, Santa Ana, Orange, Lake
Forest, and Newport Beach to comply with the Requirements Prescribed in
Order No. R8-2009-0030, as amended by Order No. R8-2010-0062 (NPDES
Permit No. CAS618030)
BACKGROUND:
On April 9, 1999, the Santa Ana Regional Water Quality Control Board (Santa Ana Water
Board) adopted a total maximum daily load (TMDL) for fecal coliform in Newport Bay
(Fecal Coliform TMDL) to address the impairments of the beneficial uses of water contact
recreation (REC1) and shellfish harvesting (SHEL) due to elevated levels of fecal coliform
in Upper and Lower Newport Bay (Resolution No. 99-10). The Fecal Coliform TMDL
assigns waste load allocations (WLAs) for fecal coliform to the County of Orange, the
Orange County Flood Control District, and the Cities of Tustin, Irvine, Laguna Hills, Laguna
Woods, Costa Mesa, Santa Ana, Orange, Lake Forest and Newport Beach (collectively
Permittees).
On May 22, 2009, the Santa Ana Water Board adopted waste discharge requirements and
a National Pollutant Discharge Elimination System (NPDES) Permit (Order No. R8-2009-
0030) for municipal separate storm sewer system (MS4) dischargers within the County of
Orange and incorporated cities therein within the Santa Ana Region (Orange County MS4
Permit). This permit was administratively extended and continues in effect. Section
XVIII.C.1 of the Orange County MS4 Permit includes effluent limitations to implement the
WLAs for fecal coliform to protect REC1 and SHEL beneficial uses. The final compliance
dates in the Orange County MS4 Permit for the WLAs for REC1 and SHEL are December
30, 2014 and December 30, 2019, respectively. On June 16, 2017, the Santa Ana Water
Board adopted Resolution No. R8-2017-0019, which extended the final compliance date
for the WLAs for SHEL from December 30, 2019 to December 31, 2022.
Monitoring data submitted by the County of Orange indicate that the Permittees
discharging to Newport Bay are not meeting the fecal coliform WLAs for the protection of
REC1, and the final compliance date has passed. Accordingly, pursuant to California
Water Code section 13300, a discharge of waste is taking place or threatens to take place
that violates requirements prescribed by the Santa Ana Water Board.
On April 26, 2016, Orange County Coastkeeper served the County of Orange and the
Orange County Flood Control District with a Notice of Violation and Intent to File Suit
Staff Report, Item 8 (December 6, 2019) Page 2
Order No. R8-2019-0050
alleging that the County of Orange had not reduced fecal coliform counts sufficiently to
comply with the fecal coliform WLA included in the Orange County MS4 Permit. The
parties signed a settlement agreement on October 20, 2016, which included a requirement
to hold a series of facilitated public stakeholder meetings to address the issues raised in
Orange County Coastkeeper’s complaint. The stakeholder group that formed as a result of
this settlement agreement included representatives from Orange County, cities within the
Newport Bay watershed, the Santa Ana Water Board, Orange County Coastkeeper, the
business community of Orange County, the environmental community, the State Water
Resources Control Board, the Southern California Coastal Water Research Project staff,
and other agencies and members of the public (collectively, Newport Bay Fecal Coliform
TMDL Stakeholder Group or Stakeholder Group).
The recommendations to the Santa Ana Water Board by the Stakeholder Group was that
the existing Fecal Coliform TMDL should be revised to incorporate the statewide REC1
enterococcus objectives set forth in the Inland Surface Waters Enclosed Bays and
Estuaries Plan (ISWEBE Plan Bacteria Provisions; USEPA approved March 22, 2019).
The Stakeholder Group also recommended that a Time Schedule Order (TSO) for the
Permittees was appropriate to provide the Permittees with additional time to comply with
the fecal coliform WLAs for REC1 while the Fecal Coliform TMDL is being revised.
A TSO is appropriate to allow the Permittees the necessary time to undertake actions
either individually or collectively to reduce the amount of fecal coliform discharged from
their respective MS4s to Newport Bay to meet REC1 WLAs. The TSO requires full
compliance with the REC1 WLAs within five years from adoption and includes interim
requirements and milestones. The requirements of the TSO are summarized below:
1. Meet interim effluent limitations at compliance monitoring stations
2. Construct Hoag Drain and Arches diversions
3. Install Newport Bay Bilge Pump Outs
4. Upgrade existing dry-weather diversions at Newport Dunes
5. Identify additional Best Management Practice options at Costa Mesa Channel,
Santa Isabel Channel, and Newport Dunes
6. Conduct Source Investigation Studies
7. Prepare a Pollution Prevention Plan
The following plans and reports must be submitted to the Santa Ana Water Board
according to the task schedule in Attachment C of the proposed Order:
1. Source Investigation study design
2. Source Investigation final report
3. Pollution Prevention Plan (PPP)
4. Annual TMDL progress reports
Santa Ana Water Board staff distributed via email a draft TSO on March 20, 2019 to the
participants in the Stakeholder Group. Comments were received by Santa Ana Water
Board staff during a Stakeholder Group meeting on March 28, 2019. Staff considered the
comments and made changes to the draft TSO. Staff distributed a second draft TSO to the
participants of the Stakeholder Group on April 29, 2019; stakeholders provided comments
Staff Report, Item 8 (December 6, 2019) Page 3
Order No. R8-2019-0050
via email and during a Stakeholder Group meeting on May 1, 2019. Staff considered these
additional comments and made changes to the second draft TSO. A final draft TSO was
publicly noticed on May 14, 2019 for a 30-day comment period. During that comment
period, comments were received from the Permittees, Orange County Coastkeeper, and
Contech Engineered Solutions, LLC. The TSO that is now under consideration was revised
to address comments and to clarify the required elements of the PPP according to Water
Code section 13263.3(d)(2).
RECOMMENDATION:
Staff recommends adoption of Order No. R8-2019-0050.
1
California Regional Water Quality Control Board
Santa Ana Region
Time Schedule Order Number R8-2019-0050
for
the County of Orange, the Orange County Flood Control District, and the Cities of Tustin,
Irvine, Laguna Hills, Laguna Woods, Costa Mesa, Santa Ana, Orange, Lake Forest and
Newport Beach
to comply with
the Requirements Prescribed in Order Number R8-2009-0030 as amended by
Order Number R8-2010-0062 (NPDES Permit Number CAS618030)
The California Regional Water Quality Control Board, Santa Ana Region (Santa Ana
Water Board) finds that:
1. On May 22, 2009, the Santa Ana Water Board adopted waste discharge requirements and a
National Pollutant Discharge Elimination System (NPDES) Permit (Order Number R8-2009-
0030) for municipal separate storm sewer system (MS4) dischargers within the County of
Orange and incorporated cities therein within the Santa Ana Region (Orange County MS4
Permit). This order was later amended by Order Number R8- 2010-0062 on October 29, 2010.
The Orange County MS4 Permit was due to expire on May 22, 2014, but the permit was
administratively extended and continues in effect until such time that a new permit is adopted
by the Santa Ana Water Board.
2. The requirements of the Orange County MS4 Permit apply to the County of Orange, the
Orange County Flood Control District, and the incorporated cities of Orange County within the
Santa Ana Water Board’s jurisdiction.
3. The Newport Bay watershed is located in central Orange County. The watershed
encompasses 154 square miles and includes portions of the Cities of Newport Beach, Irvine,
Laguna Hills, Laguna Woods, Lake Forest, Tustin, Orange, Santa Ana, and Costa Mesa. The
watershed is encircled by mountains on three sides: the Santa Ana Mountains to the north, the
Santiago Hills to the northeast, and the San Joaquin Hills to the south. The runoff from these
mountains drains across the Tustin Plain and enters Newport Bay via Peters Canyon Wash
and San Diego Creek.
4. The Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) identifies beneficial
uses of Upper Newport Bay and Lower Newport Bay, which are included in Table 1.
Order Number R8-2019-0050
Time Schedule Order
2
Table 1: Beneficial Uses in Upper and Lower Newport Bay
Beneficial
Use
Lower
Newport
Bay
Upper
Newport
Bay
Navigation (NAV) Designated Not
Designated
Water Contact Recreation (REC1) Designated Designated
Non-contact Water Recreation (REC2) Designated Designated
Commercial and Sportfishing (COMM) Designated Designated
Preservation of Biological Habitats of Special
Significance (BIOL)
Not
Designated Designated
Wildlife Habitat (WILD) Designated Designated
Rare, Threatened, or Endangered Species
(RARE)
Designated Designated
Spawning, Reproduction, and Development
(SPWN) Designated Designated
Marine Habitat (MAR) Designated Designated
Shellfish Harvesting (SHEL) Designated Designated
Estuarine Habitat (EST) Not
Designated
Designated
5. In 1996, Upper and Lower Newport Bay were placed on California’s Clean Water Act
Section 303(d) List (303 (d) List) as impaired due to fecal coliform.
6. On April 9, 1999, the Santa Ana Water Board adopted a total maximum daily load
(TMDL) for fecal coliform in Newport Bay (Fecal Coliform TMDL) to address
impairments of the beneficial uses of water contact recreation (REC1) and shellfish
harvesting (SHEL) due to elevated levels of fecal coliform in Upper and Lower
Newport Bay (Resolution Number 99-10). The TMDL became effective on February
28, 2000.
7. The Fecal Coliform TMDL assigns waste load allocations (WLAs) for fecal coliform
to urban runoff discharges to Newport Bay. The WLAs for urban runoff apply to
stormwater discharges from the MS4s owned or controlled by the County of Orange,
Orange County Flood Control District, and the Cities of Tustin, Irvine, Costa Mesa,
Santa Ana, Orange, Lake Forest, Laguna Hills, Laguna Woods, and Newport Beach
(collectively Permittees). The WLAs for REC1 were to be achieved as soon as
possible but no later than December 30, 2014. The WLAs for SHEL were to be
achieved as soon as possible but no later than December 30, 2019.
8. Section XVIII.C.1 of the Orange County MS4 Permit includes new effluent limitations
to implement the WLAs for fecal coliform to protect REC1 and SHEL beneficial uses.
Compliance with the WLAs specified in the Permit can be demonstrated by meeting
Order Number R8-2019-0050
Time Schedule Order
3
the REC1 fecal coliform objectives at sampling locations within San Diego Creek and
Newport Bay. The final compliance date in the Orange County MS4 Permit for the
WLAs for REC1 is December 30, 2014, as reflected in the Basin Plan, and the final
compliance date for the WLAs for SHEL is December 30, 2019.
9. The Fecal Coliform TMDL specifies a prioritized phased approach to control bacterial
indicators and includes several interim milestones to achieve the final WLAs. The
Fecal Coliform TMDL also requires special investigations and monitoring to assess
compliance with the WLAs and to identify and characterize sources of fecal coliform
so that appropriate control measures can be developed and implemented. The Fecal
Coliform TMDL states that the results of the studies may indicate the need for
revision of the TMDL.
10. On February 7, 2000, the Santa Ana Water Board issued an order pursuant to
California Water Code section 13267 that directed the Permittees to implement
certain requirements, including the following: 1) perform routine monitoring and
submit annual reports; 2) develop a water quality model for bacterial indicators;
3) perform a beneficial use assessment; 4) complete source identification and
characterization; 5) evaluate the vessel waste program; 6) evaluate the TMDL, WLAs
and load allocations, and source monitoring program; and 7) prepare and submit an
updated TMDL report. The Permittees have submitted all required reports and plans
to Santa Ana Water Board staff. A list of these documents is included as Attachment
A.
11. On June 16, 2017, the Santa Ana Water Board adopted Resolution Number R8-2017-
0019, which extended the final compliance date for the WLAs for SHEL from
December 30, 2019 to December 31, 2022. The Santa Ana Water Board will include
the revised final compliance date for SHEL in the new MS4 permit.
12. In 2015, the State Water Resources Control Board (State Water Board) began public
scoping meetings for proposed amendments to the Water Quality Control Plans for
Inland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE) of California, and
for Ocean Waters of California to establish statewide bacteria water quality
objectives for REC1 beneficial use. The State Water Board adopted the statewide
bacteria objectives for REC1 on August 7, 2018, and the United States
Environmental Protection Agency approved the objectives on March 22, 2019. The
statewide bacteria objective for ISWEBE uses enterococcus as the indicator for
waters, like Newport Bay, where salinity is greater than 1 part per thousand more
than 5 percent of the time.
13. On April 26, 2016, Orange County Coastkeeper served the County of Orange and the
Orange County Flood Control District with a Notice of Violation and Intent to File Suit
Order Number R8-2019-0050
Time Schedule Order
4
alleging that the County of Orange had not reduced fecal coliform counts sufficiently to
comply with the fecal coliform WLA for REC1 included in the Orange County MS4
Permit. On October 20, 2016, Orange County Coastkeeper, the County of Orange, and
the Orange County Flood Control District signed a settlement agreement, which
included a requirement to hold a series of facilitated public stakeholder meetings to
address the issues raised in Orange County Coastkeeper’s complaint. The stakeholder
group that formed as a result of this settlement agreement included representatives from
Orange County, cities within the Newport Bay watershed, the Santa Ana Water Board,
Orange County Coastkeeper, the business community of Orange County, the
environmental community, the State Water Board, the Southern California Coastal
Water Research Project staff, and other agencies and members of the public
(collectively, Newport Bay Fecal Coliform TMDL Stakeholder Group or Stakeholder
Group).
14. The Stakeholder Group meetings began on January 18, 2017, with the mission of
addressing water quality issues associated with fecal coliform in Newport Bay with
respect to the REC1 and SHEL beneficial uses. The Stakeholder Group’s goal was to
engage in focused dialogue amongst participants and to make recommendations to the
Santa Ana Water Board. The Stakeholder Group met eleven times between January 18,
2017 to August 23, 2018.
15. The Stakeholder Group’s recommendations to the Santa Ana Water Board, as recorded
in the August 28, 2018 memorandum prepared by Larry Walker and Associates, titled
“Newport Bay Fecal Coliform Total Maximum Daily Load – Findings and
Recommendations,” are as follows: (1) revise the existing Fecal Coliform TMDL to
incorporate the statewide REC1 enterococcus objectives set forth in the ISWEBE Plan,
(2) develop a time schedule order (TSO) to provide the Permittees with additional time to
comply with the fecal coliform WLAs for REC1 while the Fecal Coliform TMDL is revised,
and (3) modify the new MS4 permit after the TMDL is revised to incorporate the TMDL
revisions. The Permittees presented proposed language for a TSO during the August
23, 2018 Stakeholder Group meeting. The Santa Ana Water Board has considered
these recommendations in its adoption of this TSO. Santa Ana Water Board staff will
work to develop proposed revisions to the Fecal Coliform TMDL for the Santa Ana
Water Board’s consideration and will engage with stakeholders during the
development of the TMDL. The Santa Ana Water Board will consider proposed
amendments to the new MS4 permit to incorporate any approved TMDL revisions.
16. On October 28, 2019, the Permittees submitted a written request for a TSO to comply
with the fecal coliform WLAs for Newport Bay. During the stakeholder process, the
Permittees indicated that their preference was to amend the Orange County MS4
Permit. This was not a viable option, however, because an administratively continued
permit may not be modified or revised. (Memorandum of Agreement between the U.S.
Order Number R8-2019-0050
Time Schedule Order
5
Environmental Protection Agency and the California State Water Resources Control
Board (1989) p. 8). Furthermore, Santa Ana Water Board staff is focused on the
renewal of the MS4 Permit and does not have the resources to also amend the
Orange County MS4 Permit.
17. California Water Code section 13300 states “[w]henever a regional board finds that
a discharge of waste is taking place or threatening to take place that violates or will
violate requirements prescribed by the regional board, or the state board, or that the
waste collection, treatment, or disposal facilities of a discharger are approaching
capacity, the board may require the discharger to submit for approval of the board,
with such modifications as it may deem necessary, a detailed time schedule of
specific actions the discharger shall take in order to correct or prevent a violation of
requirements.”
18. Monitoring data submitted by the County of Orange indicates that the Permittees
discharging to Newport Bay are not meeting the fecal coliform WLAs for the protection
of REC1, and the final compliance date has passed. Accordingly, pursuant to California
Water Code section 13300, a discharge of waste is taking place or threatens to take
place that violates requirements prescribed by the Santa Ana Water Board.
19. The Permittees submitted a proposed time schedule of specific actions that they will
complete to comply with the Fecal Coliform TMDL WLAs. The Permittees’ proposed
tasks and time schedule, with modifications deemed necessary by the Santa Ana
Water Board, are set forth in Attachment C.
Under section XVIII.E.1 of the Orange County MS4 Permit, the Permittees must
reevaluate their current control measures and propose and implement additional
best management practices (BMPs) and/or control measures, if monitoring results
indicate an exceedance of the WLAs for fecal coliform. The implementation of the
tasks in this TSO is required under section XVIII.E.1 and is not a new requirement.
20. California Water Code section 13385, subdivisions (h) and (i), require the Santa Ana
Water Board to impose mandatory minimum penalties upon dischargers that violate
certain effluent limitations. Section 13385(j)(3) exempts violations of an effluent limitation
from mandatory minimum penalties where the waste discharge is in compliance with
either a cease and desist order issued pursuant to Section 13301 or a time schedule
order issued pursuant to Section 13300 or 13308, if all of the specified requirements
are met.
21. This TSO includes a schedule of compliance for Permittees to achieve compliance with
the WLAs for fecal coliform in the Orange County MS4 Permit.
Order Number R8-2019-0050
Time Schedule Order
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22. In accordance with California Water Code section 13385(j)(3)(B), the Santa Ana Water
Board finds that the WLAs for fecal coliform for REC1 that are applicable to the
Permittees’ MS4 discharges are new effluent limitations in the Orange County MS4
Permit, the Permittees need to implement new or modified control measures in order to
comply with the effluent limitations for the fecal coliform WLAs, and the new or modified
control measures cannot be designed, installed, and put into operation within 30 calendar
days.
23. Since the schedule for completion of the actions that will be necessary to bring the waste
discharge into compliance exceeds one year from the effective date of this order, this
TSO includes interim requirements and milestones in accordance with California Water
Code section 13385(j)(3)(C)(iii). The interim requirements include interim water quality-
based effluent limitations for fecal coliform and the actions and control measures that
will lead to compliance with the final fecal coliform WLAs.
24. The interim water quality-based effluent limitations for fecal coliform are set equal to
the TMDL geometric mean WLA for REC1. The interim limitations based on the
geometric mean are a reliable measure of long-term water body conditions and will
be protective of water quality during the interim period of this TSO. The interim
limitations are listed in Table 2 of this TSO. Interim effluent limitations based on a
single sample maximum were not developed for this TSO.
25. The schedule included in this TSO is as short as possible, taking into account the
technological, operational, and economic factors that affect the design, development,
and implementation of the control measures that will be necessary to comply with the
WLAs for fecal coliform in the Orange County MS4 Permit and does not exceed five years
in accordance with California Water Code section 13385(j)(3)(C)(i).
26. California Water Code section 13385(j)(3)(D) requires the County of Orange, Orange
County Flood Control District, and the Cities of Tustin, Irvine, Costa Mesa, Santa Ana,
Orange, Laguna Hills, Laguna Woods, Lake Forest and Newport Beach to each prepare
and implement a Pollution Prevention Plan (PPP), either individually or collaboratively,
pursuant to California Water Code section 13263.3. Pursuant to California Water Code
section 13263.3(d)(1)(D), the Santa Ana Water Board has determined that a PPP is
necessary for this TSO.
27. A TSO is appropriate to allow the Permittees the necessary time to undertake actions
either individually or collectively to reduce the amount of fecal coliform discharged from
their respective MS4s to Newport Bay. The exceedances temporarily allowed by this TSO
are in the public interest given the multiple environmental benefits associated with
directing resources towards achieving compliance with the final fecal coliform WLAs in
the Orange County MS4 Permit through the implementation of multi-benefit BMPs.
Order Number R8-2019-0050
Time Schedule Order
7
28. Pursuant to California Water Code section 13385(j)(3), full compliance with the
requirements in this TSO exempts the Permittees from mandatory minimum penalties
for violations of the final fecal coliform WLAs for REC1 applicable to their MS4 discharges
to Newport Bay. Full compliance with this TSO also exempts Permittees from
mandatory minimum penalties for violations of the final fecal coliform WLAs for
SHEL, until the new MS4 permit is adopted. When the new MS4 permit is adopted,
this TSO will not have any effect on the Permittee’s compliance with the fecal
coliform WLAs for SHEL.
29. If Permittees are in compliance with the applicable requirements in this TSO, it is not the
Santa Ana Water Board's intention to take an enforcement action for violations of the
fecal coliform WLAs applicable to Newport Bay as set forth in the Orange County MS4
Permit.
30. This TSO is being issued for the protection of the environment and to enforce the
Orange County MS4 Permit (a permit for existing MS4s). Therefore, issuance of this
TSO is exempt from the provisions of the California Environmental Quality Act
(Public Resources Code section 21100 et seq.) pursuant to sections 15301 and
15321(a)(2) of Title 14 of the California Code of Regulations.
31. The Santa Ana Water Board has notified the Permittees and interested agencies and
persons of its intent to issue this TSO concerning compliance with waste discharge
requirements. The Santa Ana Water Board also provided the public with notice of its
intent to adopt this TSO and allowed 30 days for public comment; the Santa Ana
Water Board has considered the written and oral comments received.
32. Any person aggrieved by this action of the Santa Ana 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 date of the
Santa Ana Water Board’s action, except if the thirtieth day following the date 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 Water Quality Petitions page or will be provided
upon request.
IT IS HEREBY ORDERED that, pursuant to California Water Code section 13300, the
County of Orange, the Orange County Flood Control District, and the Cities of Tustin, Irvine,
Costa Mesa, Santa Ana, Laguna Hills, Laguna Woods, Orange, Lake Forest and Newport
Beach shall comply with their respective applicable requirements listed below to ensure that
their MS4 discharges to Newport Bay comply with the final effluent limitations implementing
Order Number R8-2019-0050
Time Schedule Order
8
the fecal coliform WLAs for REC1 in the Orange County MS4 Permit (Order Number R8-
2009-0030):
1. The Permittees must achieve full compliance with the Orange County MS4 Permit
fecal coliform WLAs for REC1 as soon as possible but no later than five years from
the adoption of this TSO. The compliance determination shall be based on
monitoring conducted at the sites already monitored in compliance with the Orange
County MS4 Permit water quality monitoring plan (the monitoring locations are listed
in Attachment B).
2. The Permittees shall comply with the interim effluent limitations in Table 2 for fecal
coliform WLAs for REC1. Compliance with the interim effluent and the other
conditions of this TSO constitutes compliance with all fecal coliform WLAs for REC1
during the period of this TSO and compliance with the fecal coliform WLAs for SHEL
until a new MS4 permit is adopted. The Permittees shall conduct compliance
monitoring at the monitoring locations listed in Attachment B. Compliance with the
interim limitations in Upper and Lower Newport Bay must be calculated separately
using all locations sampled within each waterbody during that 30-day period.
Table 2: Interim Effluent Limitations for Fecal Coliform REC1 WLAs
Upper Newport Bay
Fecal Coliform Effluent
Limitations
Orange County MS4
Permit Limitations
TSO Interim Limitations
Geometric Mean (5
sample/ 30 days)
200 MPN/ 100 ml 200 MPN/ 100 ml
Single Sample
Maximum
No more than 10
percent of samples
>400 MPN/ 100 ml in
any 30-day period
Single sample maximum will
not be used as an interim
limitation in this TSO
Lower Newport Bay
Fecal Coliform Effluent
Limitations
Orange County MS4
Permit Limitations
TSO Interim Limitations
Geometric Mean (5
sample/ 30 days)
200 MPN/ 100 ml 200 MPN/ 100 ml
Single Sample Maximum No more than 10 percent
of samples >400 MPN/
100 ml in any 30-day
period
Single sample maximum will
not be used as an interim
limitation in this TSO
Order Number R8-2019-0050
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3. The Permittees may submit proposed revisions to the Orange County MS4 Permit
water quality monitoring plan to the Executive Officer for review and approval. Any
proposed monitoring locations must be representative of the discharge of urban
runoff into Newport Bay. The Permittees shall also submit a Quality Assurance
Project Plan with the revised monitoring plan if revisions are submitted, as required
in section I.5 of the Monitoring and Reporting Program for the Orange County MS4
Permit. Both the monitoring plan and Quality Assurance Project Plan will only be
effective upon Executive Officer approval.
4. The Permittees shall install, implement, and maintain the BMPs and control
measures described in Attachment C of this TSO.
5. The BMPs and control measures must be installed and/or completed as soon as
possible, but no later than the deadlines included in the schedule in Attachment C.
Failure to meet these deadlines is a violation of this TSO.
6. The Permittees shall submit a PPP to prevent fecal coliform discharges for review and
approval by the Executive Officer by the task completion date shown in Attachment C of
this document (Task 4). The PPP shall include a time schedule for implementation and,
at a minimum, shall contain all the elements listed in California Water Code section
13263.3(d)(2).
7. Information from documents previously submitted in compliance with the tasks
required in the fecal coliform TMDL (Resolution Number 99-10) and those submitted
in compliance with the requirements of the Water Code section 13267 letter dated
January 7, 2000, may be considered applicable to the PPP, if approved by the Santa
Ana Water Board Executive Officer. The Work Plan originally approved in Resolution
Number 01-59 on June 1, 2003 will not be accepted in lieu of this required PPP.
8. The Permittees shall submit annual progress report(s) by September 1 of each year
summarizing the results of data analysis, as well as all substantive efforts taken towards
achieving compliance with the fecal coliform WLAs.
9. Any data submitted must conform with the objectives and requirements of the Newport
Bay fecal coliform TMDL and the Orange County MS4 Permit.
10. In the annual reports, the Permittees must complete an assessment of data relative to
geometric mean and single sample maximum objectives as defined in the Basin Plan and
the TMDL for individual sites and for pooled data within Upper Newport Bay and Lower
Newport Bay. The raw data must be submitted into a State Water Board approved
Order Number R8-2019-0050
Time Schedule Order
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database that will be used for developing lines of evidence in the integrated report
water quality assessment and 303(d) listing decisions.
11. All technical and monitoring reports required under this TSO are required pursuant to
California Water Code section 13383, 33 U.S.C. section 1318(a), and 40 C.F.R. section
122.41(h). The information requested will be used to determine compliance with this
TSO and the Orange County MS4 Permit.
12. Any person signing a document submitted under this TSO shall make the following
certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
13. If any of the identified Permittees fail to comply with any provision applicable to that
agency in this TSO, the Santa Ana Water Board may take any further action authorized
by law against the agency that is out of compliance. The Executive Officer, or his/her
designee, is authorized to take appropriate enforcement action pursuant but not limited
to California Water Code sections 13350 and 13385. The Santa Ana Water Board may
also refer any violations to the Attorney General for judicial enforcement, including
injunction and civil monetary remedies.
14. All other provisions of the Orange County MS4 Permit (Order Number R8-2009-0030 and
future revisions of the Permit) not in conflict with this TSO are in full force and effect.
15. The Santa Ana Water Board may reopen this TSO at its discretion or at the request of any of
the identified Permittees, if warranted. Lack of progress towards compliance with the applicable
WLAs addressed by this TSO may be cause for the Santa Ana Water Board to modify the
conditions of this TSO.
16. This TSO becomes effective immediately upon adoption by the Santa Ana Water Board.
Order Number R8-2019-0050
Time Schedule Order
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I, Hope A. Smythe, Executive Officer, do hereby certify that this Order with all attachments
is a full, true, and correct copy of an Order adopted by the California Regional Water Quality
Control Board, Santa Ana Region, on December 6, 2019.
____________________________
Hope A. Smythe
Executive Officer
ATTACHMENT A: Tasks and submissions addressing fecal coliform TMDL (Res. 99-10 table 5-9g)
A-1
Task Description Due dates Document submitted* Comments
1a
Routine Monitoring Program
1a) Submit Proposed Routine
Monitoring Plan(s)
January 30, 2000 Approved (Res.
Number 00-100)
1b
1c
Routine Monitoring Program
1b) Implement Routine
Monitoring Plan(s)
1c) Submit Monthly and Annual
Reports
b) Upon regional board
approval of the plan (Res 00-
100)
c) Monthly within 30 days,
Annual Report by September
1
Annual Reports 2001-
2018
Implemented
2001
1b
1c
Routine Monitoring Program
1b) Implement Routine
Monitoring Plan(s)
1c) Submit Monthly and Annual
Reports
b) Upon regional board
approval of the plan(s) (Res
00-100)
c) Monthly within 30 days,
Annual Report by September
1
Monthly reports
Orange County
Health Care
Agency beach
monitoring
accepted in-lieu
of monthly
reporting
(Monitoring and
Reporting
Program
Number 00-101)
2a
2b
Water Quality Model for Bacterial
Indicators
2a) Submit Proposed Model
Development Plan
2b) Submit Calibrated Model and
Model Documentation
a) January 30, 2000
b) 13 months after Regional
Board approval of plan(s)
Jan, Mar, April 2001
“Technical Reports”
3a
4a
Beneficial Use Assessment Plan
3a) REC-1 3a) January 30, 2000 Public Health Risk
Assessment
ATTACHMENT A: Tasks and submissions addressing fecal coliform TMDL (Res. 99-10 table 5-9g)
A-2
Task Description Due dates Document submitted* Comments
Beneficial Use Assessment
Report
4a) REC-1
4a) 13 months after Regional
Board approval of plan(s)
for the Newport Bay
Watershed:
Recreational Contact and
Microbiological Risk
(2001)
3b Beneficial Use Assessment Plan
3b) SHEL March 1, 2001
Beneficial Use
Assessment for Shellfish
Harvesting in Newport Bay
Work Plan (2001)
4b
Beneficial Use Assessment
Report
4b) SHEL
13 months after Regional
Board approval of plan(s)
Newport Bay Shellfish
Harvesting Assessment
(2004)
4b
Beneficial Use Assessment
Report
4b) SHEL
13 months after Regional
Board approval of plan(s)
Technical Memorandum
Newport Bay Shellfish
Beneficial Use
Assessment Revalidation
(2009)
5a
6a
Source Identification Plans
5a) The Dunes Resort
Source Identification and
Characterization Report
6a) The Dunes Resort
5a) March 1, 2000
6a) 7 months after Regional
Board approval of plan(s)
Swimmer Shedding Study
in Newport Dunes,
California (2005)
5b Source Identification Plans 5b) March 1, 2000 Newport Bay Fecal
Indicator Bacteria
ATTACHMENT A: Tasks and submissions addressing fecal coliform TMDL (Res. 99-10 table 5-9g)
A-3
Task Description Due dates Document submitted* Comments
5d
6b
6d
5b) Urban Runoff (including
stormwater)
5d) Natural Sources
Source Identification and
Characterization Report
6b) Urban Runoff (including
stormwater)
6d) Natural Sources
5d) April 1, 2000
6b) 13 months after Regional
Board approval of plan(s)
6d) 16 months after Regional
Board approval of plan(s)
Source Identification
Project (2009)
5c
6c
Proposed Source Identification
Plans
5c) Agriculture (including
stormwater)
Source Identification and
Characterization Reports
6c) Agriculture (including
stormwater)
5c) April 1, 2000
6c) 16 months after Regional
Board approval of plan(s)
Monitoring of Total and
Fecal Coliform in Surface
Runoff from Agricultural
Operations in the Newport
Bay/San Diego Creek
Watershed (2003)
6b
Source Identification and
Characterization Reports
b) Urban Runoff (including
stormwater)
13 months after Regional
Board approval of plan(s)
Assessing the Seasonal
Impact of Storm Drains on
Water Quality in Western
Newport Bay, Southern
California (2007)
6b
Source Identification and
Characterization Reports
b) Urban Runoff (including
stormwater)
13 months after Regional
Board approval of plan(s)
Street Gutter Biofilms as a
Source of Fecal Coliforms
and Enterococcus in
Urban Runoff - Abstract
Q-1862 (2010)
Poster
presentation
only
ATTACHMENT A: Tasks and submissions addressing fecal coliform TMDL (Res. 99-10 table 5-9g)
A-4
Task Description Due dates Document submitted* Comments
6d
Source Identification and
Characterization Reports
d) Natural Sources
16 months after Regional
Board approval of plan(s)
City of Newport Beach
Arches Drain Microbial
Source Tracking Studies
2013-2015 (2016)
7a
7b
Evaluation of Vessel Waste
Program
a) Submit Proposed Plan for
Evaluating the Current Vessel
Waste Program
b) Submit Report on the
Evaluation of the Vessel Waste
Program
7a) April 1, 2000
7b) 12 months after Regional
Board approval of plan
The Contribution of
Marinas to Fecal Indicator
Bacteria Impairment in
Lower Newport Bay,
Southern California (2004)
8
TMDL, WLA, and LA Evaluation
and Source Monitoring Program
a) Submit Proposed Evaluation
and Source Monitoring Program
Plan(s)
b) Implement Evaluation and
Source Monitoring Plan(s)
c) Submit Monthly and Annual
Reports (Reporting Period: April
1-March 31)
8a) 3 months after
completion of Tasks 2, 4a,
and 6
8b) Upon Regional Board
approval of plan(s)
8c) Monthly within 30 days,
Annual Report by September
1
City of Newport BMP
Report (2007)
8
TMDL, WLA, and LA Evaluation
and Source Monitoring Program
a) Submit Proposed Evaluation
and Source Monitoring Program
Plan(s)
8a) 3 months after
completion of Tasks 2, 4a,
and 6
8b) Upon Regional Board
approval of plan(s)
Newport Bay Fecal
Coliform
Source Management Plan
(2009)
ATTACHMENT A: Tasks and submissions addressing fecal coliform TMDL (Res. 99-10 table 5-9g)
A-5
Task Description Due dates Document submitted* Comments
b) Implement Evaluation and
Source Monitoring Plan(s)
c) Submit Monthly and Annual
Reports (Reporting Period: April
1-March 31)
8c) Monthly within 30 days,
Annual Report by September
1
9
Updated TMDL Report
Submit updated TMDL report for:
a) REC-1
b) SHEL
9a) 6 months after
completion of Tasks 2, 4a, 6,
and 7
9b) 6 months after
completion of Tasks 2, 4b, 6,
and 7
Recommended Revisions
to the Newport Bay Fecal
Coliform TMDL (2013)
9
Updated TMDL Report
Submit updated TMDL report for:
a) REC-1
b) SHEL
9a) 6 months after
completion of Tasks 2, 4a, 6,
and 7
9b) 6 months after
completion of Tasks 2, 4b, 6,
and 7
Recommended Revisions
to the Newport Bay Fecal
Coliform TMDL (2015)
Revised draft of
2013
submission
9
Updated TMDL Report
Submit updated TMDL report for:
a) REC-1
b) SHEL
9a) 6 months after
completion of Tasks 2, 4a, 6,
and 7
9b) 6 months after
completion of Tasks 2, 4b, 6,
and 7
Newport Bay Fecal
Coliform TMDL
2016 Summary of
Management Activities
(2016)
10
Adjust TMDL, if necessary; adopt
interim WLAs, LAs, and
Compliance Dates
a) REC-1
10a) 12 months after
completion of Updated
TMDL Report for REC-1
(Task 9a)
In preparation; under
requirements of Time
Schedule Orders
2019 (REC) and 2020
(SHEL)
This is the
process that is
occurring now
ATTACHMENT A: Tasks and submissions addressing fecal coliform TMDL (Res. 99-10 table 5-9g)
A-6
Task Description Due dates Document submitted* Comments
b) SHEL 10b) 12 months after
completion of Updated
TMDL Report for SHEL
(Task 9.b)
* Fecal Coliform TMDL Special Studies
Fecal Coliform TMDL Annual Reports
ATTACHMENT B: Monitoring stations in Upper and Lower Newport Bay
(GPS coordinates were obtained from the OCHCA QAPP submitted to State
Water Board for the AB411 beach monitoring program in 2018.)
B-1
Upper Newport Bay
Station ID Latitude Longitude Name
BNB01 33.60578 -117.886 Park Avenue
BNB02 33.60871 -117.89053 Onyx Avenue
BNB03 33.60833 -117.89493 Ruby Avenue
BNB05 33.61259 -117.90758 Bayshore Beach
BNB07 33.61495 -117.91957 Via Genoa Beach
BNB09 33.62082 -117.93664 43rd Street Beach
BNB10 33.61834 -117.93426 38th Street Beach
BNB11 33.61614 -117.93092 33rd Street Channel
BNB12 33.6152 -117.92689 Rhine Channel
BNB14 33.60898 -117.92571 19th Street Beach
BNB15 33.60838 -117.92035 15th Street Beach
BNB17 33.60637 -117.91278 10th Street Beach
BNB18 33.60556 -117.9037 Alvarado/Bay Isle Beach
BNB20 33.60419 -117.89332 Sapphire Avenue Beach
BNB21 33.60415 -117.88799 Abalone Avenue Beach
ATTACHMENT B: Monitoring stations in Upper and Lower Newport Bay
(GPS coordinates were obtained from the OCHCA QAPP submitted to State
Water Board for the AB411 beach monitoring program in 2018.)
B-2
Upper Newport Bay
BNB22 33.59875 -117.88257
N Street Beach
BNB23 33.59489 -117.87813 Rocky Point
BNB29 33.61327 -117.89902 Promontory Point Channel
BNB31 33.60639 -117.89939 Garnet Avenue Beach
BNB32 33.60976 -117.91425 Lido Yacht Club Beach
BNB33 33.60226 -117.8828 Bayside Drive Beach
BNB34 33.60576 -117.88877 Grand Canal
BNB35 33.6203 -117.92867 Newport Blvd. Bridge
Lower Newport Bay
Station ID Latitude Longitude Name
BNB24E 33.61595 -117.89215
Newport Dunes
East
BNB24M 33.61515 -117.89376
Newport Dunes
Middle
BNB24N 33.61786 -117.89194
Newport Dunes
North
ATTACHMENT B: Monitoring stations in Upper and Lower Newport Bay
(GPS coordinates were obtained from the OCHCA QAPP submitted to State
Water Board for the AB411 beach monitoring program in 2018.)
B-3
Lower Newport Bay
BNB24W 33.6153 -117.89459
Newport Dunes
West
BNB25 33.63078 -117.88566 Vaughn’s Launch
BNB26 33.96982 -117.88685 Ski Zone
BNB28 33.62455 -117.8933 North Star Beach
BNB30 33.61711 -117.90402 De Anza Launch
ATTACHMENT C: Best Management Practices (BMPs) and Control Measures
C-1
Task Description Completion Date
1 Complete ongoing and approved structural
BMP projects
1a Hoag Drain and Arches diversion 15 months after TSO
effective date
1b Newport Bay bilge pump installation 18 months after TSO
effective date
1c Newport Dunes diversion revision 24 months after TSO
effective date
2 Develop new structural BMP projects
2a East Costa Mesa Channel diversion 6 months after TSO
effective date
2b Santa Isabel Channel diversion 6 months after TSO
effective date
2c Additional BMP projects for Newport Dunes 6 months after TSO
effective date
3 Evaluate human sources of fecal
contamination
3a Source investigation study design 4 months after TSO
effective date
3b Source investigation final report 12 months after Santa Ana
Water Board approval of
study design
4 Pollution Prevention Plan (PPP)
A PPP that shall include, at a minimum, all of
the following:
a. An analysis of fecal coliform that the
MS4 Permittees discharge into Upper
and Lower Newport Bay, a description
of the sources of fecal coliform, and a
comprehensive review of the activities
known to the discharger that result in
the generation and discharge of fecal
coliform.
b. An analysis of the potential for pollution
prevention to reduce the discharge of
fecal coliform, including the application
of innovative and alternative
technologies and any adverse
environmental impacts resulting from
the use of those methods.
c. A detailed description of the tasks and
time schedules required to investigate
18 months after Santa Ana
Water Board approval of
study design
ATTACHMENT C: Best Management Practices (BMPs) and Control Measures
C-2
and implement various elements of
pollution prevention techniques.
d. A statement of the discharger's pollution
prevention goals and strategies,
including priorities for short-term and
long-term action.
e. A description of the discharger's existing
pollution prevention methods.
f. An analysis, to the extent feasible, of the
relative costs and benefits of the
possible pollution prevention activities,
including but not limited to Tasks 1 and
2 above. This includes estimates of
numerical pollutant load reduction in
receiving waters and defensible
estimates of project costs.
g. A specification of, and rationale for, the
technically feasible and economically
practicable pollution prevention
measures selected by the discharger for
implementation, including but not limited
to Tasks 1 and 2 above.
Time Schedule Order No. R8-2019-0050 Response to Comments
1
California Regional Water Quality Control Board
Santa Ana Region
3737 Main Street, Suite 500, Riverside, CA 92501-3348
(951) 782-4130 Fax (951) 781-6288
Santa Ana Regional Water Quality Control Board Home Page
RESPONSE TO COMMENTS
for
Time Schedule Order No. R8-2019-0050
for
The County of Orange, the Orange County Flood Control District, and the Cities of Tustin, Irvine, Laguna Hills, Laguna
Woods, Costa Mesa, Santa Ana, Orange, Lake Forest, and Newport Beach
to comply with
the Requirements Prescribed in Order No. R8-2009-0030 as amended by Order No.
R8-2010-0062 (NPDES Permit No.CAS618030)
Time Schedule Order No. R8-2019-0050 Response to Comments
2
Comment Letter Number Commenter Submitted By
1 County of Orange and the Cities of Tustin,
Irvine, Laguna Hills, Santa Ana, Lake
Forest, and Newport Beach
Chris Crompton, Orange County Public
Works
2 Orange County Coastkeeper Colin Kelly
3 Contech Engineered Solutions Vaikko P. Allen II
Response
Number
Comment Summary Response
1-1 Modify Finding 15 to reflect the
full results of the Stakeholder
Process in Terms of Anticipated
Revisions to the Total Maximum
Daily Load (TMDL). (Comment 1,
p. 2; general comment 1, p. 1)
Finding 15 is intended to outline the final recommendations of the
Stakeholder Process, as they were summarized in the June 30, 2018
Memorandum developed by Larry Walker and Associates, titled
“Newport Bay Fecal Coliform Total Maximum Daily Load – Findings and
Recommendations.” Further details concerning potential revised
numeric targets and methods of alternative compliance for the Fecal
Coliform TMDL are not appropriate for this Time Schedule Order (TSO).
The Santa Ana Water Board staff will actively engage the Permittees and
other stakeholders during the development of the revised TMDL.
1-2 Modify proposed TSO Findings
to clarify that the TSO actions will
also address the Waste Load
Allocations (WLAs) to protect the
shellfish harvesting beneficial
use (SHEL) until the Permit is
modified. (Comment 2, p. 3;
general comment 2, p. 1)
This comment was addressed through revisions of Finding 11 and
Finding 28 in the proposed TSO.
1-3 The current Orange County MS4
Permit does not impose water
quality-based effluent limits
(WQBELs) for the fecal coliform
WLAs. The WLAs are receiving
The WLAs for fecal coliform as implemented in the Orange County MS4
Permit are WQBELs and not receiving water limitations.
The WLAs for fecal coliform are implemented in section XVIII.C.1 of the
permit. The WLAs are set forth in tables and the permit states “[t]he
permittees shall comply with the waste load allocations for urban runoff
Time Schedule Order No. R8-2019-0050 Response to Comments
3
Response
Number
Comment Summary Response
water limits and not numeric
effluent limits. (Comment 3, p. 4)
in [the tables].” (Order No. 2009-0030, as amended by Order No. R8-
2010-0062, section XVIII.C.1.) The term “effluent limitation” is not used in
section XVIII.C.1. However, other parts of the permit make it clear that
the WLAs are effluent limitations. Section XVIII.E.2 explains that “[b]ased
on the TMDLs, effluent limits have been specified to ensure consistency
with the wasteload allocations.” Section N of the findings (“Permit
Requirements and Numeric Effluent Limits”) states that the permit
includes WLAs for the TMDLs established by either U.S. Environmental
Protection Agency (USEPA) or the Santa Ana Water Board but “does not
include numeric effluent limits for other potential pollutants.” (Order No.
2009-0030, as amended by Order No. R8-2010-0062, Finding 31.) The
implication of this finding is that the WLAs are the only numeric effluent
limitations in the permit. Finally, the fact sheet for the permit states “[t]he
proposed order [the Orange County MS4 Permit] includes numeric
effluent limits based on the wasteload/load allocations approved by the
Regional Board, State Board, Office of Administrative Law and the EPA.”
(Fact Sheet, p.14; see also Fact Sheet, p. 19.)
1-4 The interim effluent limitations in
the TSO should be stricken
because interim effluent
limitations are not legally
required or warranted for this
TSO. (Comment 3, p. 4; general
comment 3, p. 2)
The interim limitations were retained in the TSO. Water Code section
13385, subdivision (j)(3)(C)(iii) requires interim requirements and dates
for their achievement,if the TSO exceeds one year. The interim
requirements must include “[e]ffluent limitations for the pollutant or
pollutants of concern” and “[a]ctions and milestones leading to
compliance with the effluent limitation.”(Water Code section 13385,
subdivision (j)(3)(C)(iii)(I) & (II).) This TSO is for five years and,as such,
must include interim effluent limitations.
1-5 The definition of “effluent
limitation” in Water Code section
13385.1, subdivision (d) applies
to Water Code section 13385,
subdivision (j), and is not limited
to WQBELs. The interim effluent
Agree.The definition of “effluent limitation” in Water Code section
13385.1, subdivision (d), applies to section 13385, subdivision (j). Thus,
the interim effluent limitations in the TSO may be a numeric restriction or
a numerically expressed narrative restriction. The interim effluent
limitations in the TSO are numeric restrictions and fall within the
definition.Interim effluent limitations do not need to be WQBELs, but
Time Schedule Order No. R8-2019-0050 Response to Comments
4
Response
Number
Comment Summary Response
limitations in the TSO do not
need to be interim WQBELs.
(Comment 3, p. 4)
they can be. The interim effluent limitations in the TSO are achievable
limitations and protective of water quality.
1-6 The TSO should expand
acknowledgment of the
Permittees’ disagreement with
the TSO and make other
clarifications. (Comment 4, pp. 4-
6)
Santa Ana Water Board staff understands that the Permittees feel that
the interim effluent limitations in this TSO are not necessary. However,
Santa Ana Water Board staff has determined that the interim effluent
limitations are necessary and appropriate as outlined in Response
Numbers 1-3, 1-4, and 1-5.
On October 25, 2018, Permittees submitted a letter to the Santa Ana
Water Board requesting that the TSO be placed on the agenda at the
Santa Ana Water Board meeting. The Permittees’ preference for a permit
amendment is noted in Finding 16.
The inconsistencies with the receiving water limitations and the Single
Sample Maximum language are noted and have been corrected.
The requested language change to Order number 10 is not appropriate.
Although Permittees will not need to comply with the Single Sample
Maximum WLAs during the duration of the TSO, it is still appropriate to
determine if the Permittees are achieving this objective.
1-7 Clarify that the requirement to
develop a Pollution Prevention
Plan (PPP) is satisfied by the
combination of existing reports
and the updated Source
Management Plan. (Comment 5,
p. 6)
Santa Ana Water Board staff does not agree that the documents listed in
Attachment A, previously submitted in compliance with the 1999 Fecal
Coliform TMDL, are sufficient to fulfill the requirement to prepare a PPP
in accordance with California Water Code Section 13263.3(2)(d). The
Permittees may submit the previously prepared documents listed in
Attachment A as part of the PPP required under Task 4 of Attachment C.
Santa Ana Water Board staff will review all documents comprehensively
Time Schedule Order No. R8-2019-0050 Response to Comments
5
Response
Number
Comment Summary Response
to determine compliance with the minimum elements of a PPP according
to the requirements of Task 4.
1-8 Clarify compliance requirements
of the proposed TSO with
consideration of EPA guidance.
(Comment 6, p. 7)
The statement that the fecal coliform objectives are no longer applicable
is inaccurate. Although the Santa Ana Water Board intends to amend the
Newport Bay Fecal Coliform TMDL to conform with the Statewide Inland
Surface Waters, Enclosed Bays, and Estuaries (ISWEBE) Bacteria
Provisions, the applicable WLAs for fecal coliform in Newport Bay will
remain in effect until the new MS4 Permit is adopted.
Santa Ana Water Board staff also reviewed Orange County monitoring
data and annual MS4 reports submitted by the Permittees since January
1, 2015. As a result, the Permittees’ monitoring reports indicate
exceedances of the Single Sample Maximum WLAs identified in the MS4
Permit.
1-9 Clarify the reasons for the
different sample collection
frequencies at some monitoring
locations.(Comment 7, p. 8)
The footnotes in question were applicable to a previous version of
Attachment B that included data. These footnotes are no longer relevant
and have been removed.
1-10 Include a new Finding
summarizing the Basin Plan
Provisions regarding
uncontrollable sources of
Bacteria.(Comment 9, p. 9)
Defining “controllable”and “uncontrollable”sources of fecal
contamination is not the intent of this TSO.This topic will be discussed
with all stakeholders during the development of an amended TMDL.
2-1 Orange County Coastkeeper
outlines the concerns regarding
changes to the TSO Finding 15
suggested by the Orange County
MS4 Permittees in the
Permittees’ comment letter dated
June 4, 2019. (Comment 1, p.2)
The comments provided by Coastkeeper were considered in revisions to
the TSO.
Time Schedule Order No. R8-2019-0050 Response to Comments
6
Response
Number
Comment Summary Response
2-2 Disagreement with the
Permittees’ suggested language
for compliance determination.
(Comment 2, p. 3)
The Santa Ana Water Board made revisions to the TSO and considered
this comment in the revisions.
2-3 Disagreement with the
Permittees’ suggested removal
of the interim limitations in the
TSO. (Comment 3, p. 5)
The Santa Ana Water Board has considered this issue, and the interim
limitations remain in the TSO.
2-4 Concern regarding Permittees’
request for elaboration of their
disagreement with the TSO as
an option. (Comment 4, p. 5)
On October 25, 2019, the Permittees submitted a letter requesting that
the TSO be placed on the agenda of the Santa Ana Water Board
meeting. The Santa Ana Water Board did not find it necessary to
elaborate or emphasize the Permittees’ disagreement with the TSO
option.
2-5 Recommendation of inclusion of
a Single Sample Maximum value
as an interim limitation.
(Comment 4, p. 5)
Santa Ana Water Board has considered the issue and has determined
that a Single Sample Maximum limitation is not necessary for the
successful implementation of the TSO requirements. The Santa Ana
Water Board finds that compliance with the geometric mean limits is a
more reliable measure of long-term water body conditions and will be
protective of water quality during the interim period of this TSO.
2-6 Concern that the calculation of
the geometric mean for fecal
coliform is incorrectly interpreted
by the Permittees. (Comment 4,
p. 5)
Comment noted and considered. A revised TMDL will conform with the
averaging period as defined in the ISWEBE Bacteria Provisions, which is
a six-week geometric mean, calculated weekly.
2-7 Concern regarding the
Permittees’ request for explicit
approval of previously submitted
documents to demonstrate
compliance with the required
elements of a PPP. (Comment 5,
p. 5)
The Santa Ana Water Board has agreed to consider any previous
documents submitted under the requirements of the 1999 TMDL. These
documents may be allowed, in part, to satisfy the minimum elements of a
PPP as described in Water Code section 13263.3(d)(2) and task 4 of the
TSO only after approval by the Executive Officer.
Time Schedule Order No. R8-2019-0050 Response to Comments
7
Response
Number
Comment Summary Response
2-8 Concern that the Permittees’
proposed numeric targets and
calculation methods do not
reflect the requirements of the
TMDL. (Comment 6, p. 6)
The WLA for fecal coliform in the MS4 Permit will remain in effect until
the TMDL is amended and incorporated into the revised MS4 Permit.
2-9 Potential for monitoring
frequencies to influence
determination of compliance.
(Comment 7, p. 6)
Attachment B no longer includes the footnote 2 that is referred to in this
comment. The Attachment B now includes only the monitoring site
locations and the site descriptions. Santa Ana Water Board staff is
aware of the frequently encountered logistical limitations of a monitoring
program of this scale. Frequency of sampling at specific locations will be
taken into consideration during the development of a TMDL revision.
2-10 Concern about misinterpretation
of averaging parameters to
determine compliance with
TMDL numeric targets.
(Comment 8, p. 7)
Comment noted and considered. A revised TMDL will conform with the
ISWEBE averaging parameters.
2-11 Additional reference to the Basin
Plan with respect to
“uncontrollable sources.”
(Comment 9, p. 7)
See response to Comment 1-10.
3-1 Technical description of
proprietary structural BMP
system.
The Santa Ana Water Board appreciates the technical information about
patented mitigation products. Comment noted.