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Home My WebLink AboutR-1998-02 ORrG~NAL RESOLUTION 98-02 A RESOLUTION BY THE CITY COUNCIL OF LA PORTE. TEXA.S' TO JOIN A COALITION OF TEXAS CITIES TO ADDREf)S ISSUES' REIATING TO EPA 'S' PHASE II STRORM WATER PROGRAM WHEREAS, on January 9,1998, the Environmental Protection Agency (EPA) proposed rules to implement Phase II of EPA 's Stom, Water Program; WHEREAS, EPA's proposed rules automatically desigllate cities located ill Urbanized Areas (as defined by the Cen.l(us Bureau) and potentially designate cities with populations grearer than JO,OOO alld popularion de!JSity greater than 1,000 per square mile as being required to obtainfederal pennitsfor their discharges ofstonn water runoff; WHEREAS, the City of lA Porte either (1) is located withinlm Urbanized Area, or (2) has a population greater than 10,000 with a population density greater than 1,000 per square mile and, thus, will be affected by EPA's proposed rule,. WHEREAS, EPA's proposed Pha.re II Stonn Water ProgrlU1l could impose substalltial economic and manpower burdells Oil small cities without providillgfederal or stateJullds to offset the costs imposed Oil these local govertlmellts; WHEREAS, a group of q/fected Texas cities have met alld agreed to pur.rue ajoint effort to address EPA's Phase II Stonn Water Program, including preparillg alld submitting comments on EPA's proposed rule and other is~'ues, with this joint Pjfort to be managed by a Steering Committee made up of represelllatives from the participatillg cities and Jullded by contributions from the participating cities alld fUllded by COlllributiollS from the participellillg citie\' ill em anwullt to be detenllilled by the Steerillg Committee, butlwt to exceed tell cellts (10 cellts) per capitel; NOW, THEREFORE. BE IT RESOL VED by the City Council of the City qf La Pone thar the City Manager is authorized to sign and retum the Pal1icipatioll Agreemelll on behalf of the City alld to cOlltribute an alllOUIIl to be detennilled by the Steering Committee, but not to exceed ten celli.\' per capita, to assist in addressing issuel( alld concertls raised by EPA's Phase II Storm Water Program PASSED AND APPROVED by the City of lA Porte City Council OIl this 23m day of March, 1998. APPROVED: ~ () ;1;1111I ~WW~ J(A7.r~ .,,10\ .. 'e " .' .' ~~. ;:' C(Q)fP~ ~ :, , . '. ,. ". , ~ TEXAS PHASE II STORM WATER CITIES P ARTICIP ATION AGREEMENT The City listed below agrees to participate in ajoint effort of Texas cities to address legal and regulatory issues relating to the Environmental Protection Agency's Phase II Storm Water Program. This joint effort will be led by a Steering Committee made up of representatives of some of the participating cities. The City authorizes the law firm of Mathews & Freeland, L.L.P. to perform legal and regulatory services on behalf of the group at the direction of the Steering Committee. The City's contribution to this joint effort will be determined by the Steering Committee, but this contribution will not exceed ten cents (10~) per capita. Q~\.~.~ Signature of Authorized Representative M...rt"h 2".\, lqqR Date Robert T. Herrera, City M~n~ger Printed Name - Title CITY: City of La Porte CONTACT PERSONIPOSITION: Steve Gillett Direc~or of Public Works ADDRESS: P.O. Box 1115 La Porte. .1'1'exas 77571 PHONEIFAXlEMAIL: (281) 471-7168 Return this fonn by mail or fax by February 20, 1998*, to the following address: Mathews & Freeland, L.L.P. P.O. Box 1568 Austin, Texas 78768-1568 Fax: (512) 703-2785 * By returning this form before February 20, 1998, you will be able to receive a copy of a Briefing Paper and Draft Comments, which will be circulated to Participating Cities prior to the scheduled March 2, 1998, Steering Committee meeting. However, failure to return this form by February 20, 1998, will not preclude your ability to subsequently join the group. . ... , e ~(o)~1f ~ .... .-i.. :- ,.' . . !I- .. CITY OF LA PORTE PUBLIC WORKS DEPARTMENT Memo ~.~~~~ .~... :;..... ~f,':i ,. "11 -.,: I",l. ~ " ~,J:J i*-~"'t; '''4:.~ ~.; J l'~ ~~~ :-:-.'" ~ _ fL ~d"'" ""o\:.Fr~'~''':-:l'::~~~ .. . ....... -.... -U~..2i" . To: Robert T. Herrera, City Manager ~ - From: Steve Gillett, Director of Public Works ~ CC: John Joems, Assistant City Manager ~ Date: 03/03/98 Re: EP A Phase /I Storm Water Program For several years, cities with a population greater than 100,000 have been required to permit and regulate storm water (Phase I Storm Water Program). The EPA is close to finalizing requirements for cities under 100,000 to implement storm water permitting and regulation (Phase II Storm Water Program) The EPA is taking comments on the proposed rule, issued January 9, 1998, and will issue a Notice of Final Rulemaking on March 1, 1999. On February 6, 1998, 55 cities in Texas met to form a coalition to address the Program and its impact on Texas cities. A steering committee was formed, and the law firm of Matthews & Freeland, L.L.P. was retained to perform legal and regulatory services on behalf of the group at the direction of the steering committee. All Texas cities have been invited to join, at a cost not to exceed ten cents ($0.10) per capita. The cost for the City of La Porte to participate is approximately $3,200. I have attached the information provided by the group, including a sample resolution and agreement, for your review. In light of the uncertain impact on the City of La Porte, and nominal cost to participate, I recommend we further explore participation in the group. If I can answer any questions, please advise. . Page 1 Jim Mathews Joe Freeland e e MATHEWS & FREELAND. LLP. ATTORNEYS AT LAW P.O. Box 1568 Austin, Texas 78768-1568 ~<C~~ . ~. ";.... (512) 404-7800 FAX: (512) 703-2785 Orville Burgess Superintendent Streets City of La Porte P.O. Box 1115 La Porte, TX 77572-111 5 ~ February 10,1998 Re: EPA's Phase II Storm Water Program Dear Mr. Burgess: On February 6, 1998, representatives from approximately 55 Texas cities concerned about EP A's phase II storm water program met in Austin to receive a briefing on EP A's proposed phase II storm water rules. These rules will determine which cities will be required to obtain NPDES permits for their storm water discharges and establish the minimum requirements which those permits must meet. The Texas cities meeting in Austin on February 6, 1998 agreed that a coalition effort is needed to address EP A's phase II storm water program. An initial steering committee was formed to coordinate and oversee this effort. It was agreed that the initial steering committee would expand its membership if necessary to ensure that the steering committee was appropriately balanced from the standpoint of population and geography. The initial steering committee members are: Clebume Deer Park Del Rio Grapevine Killeen LaMarque Longview McAllen Pharr Plainview Port Arthur Seguin Temple Larry Barkman Ron Crabtree Bo Nettleton Matt Singleton Marcus Norris Gary Rose Larry Schenk Javier Guerrero Fred Sandoval Jim Jeffers Leslie McMahen Joe Ramos Jonathan Graham The participants. stressed the importance of obtaining the broadest possible participation among ~ected T exas citie~ in order to increase the likelihood for success in responding to EP A's' phase II storm water program at a reasonable cost. We were requested to advise you of this group's formation and of the opportunity t~'participate.. . e e February 10, 1998 Page 2 ~~[P)V Enclosed with this letter please find the following documents which may be helpful to you in considering this opportunity for working with a coalition of Texas cities responding to EP A's proposed phase II stormwater program: · agenda and handout from February 6, 1998 organizational meeting; · a list of cities affected by EP A's proposed phase II rule, identifying those attending the organizational meeting; · draft resolution for your use, if appropriate, in seeking council authorization; · participation agreement. The steering committee was authorized to establish a per capita contribution level for all cities that wish to participate in this group effort, with a contribution cap of 10 cents (10~) per capita. The exact amount of the contribution will be determined by the steering committee after it has an opportunity to assess the total number of cities agreeing to participate. EP A phase II rules are on a fast track. A public hearing is scheduled in Dallas on March 4, 1998. The deadline for written comments on EPA's proposal is April 9, 1998. We will mail a briefing paper summarizing EP A's proposals and initial draft comments to all participants on February 23, 1998. A meeting of the steering committee (and any other interested participants) will be called for February 27, 1998, to provide input on the draft comments and to approve issues to be raised at the public hearing in Dallas on March 4, 1998. If your city wishes to participate in this group effort, please complete and return the attached Participation Agreement. Returning the Participation Agreement to us by February 20, 1998 will ensure that you receive the briefing paper summarizing EP A's proposal and initial draft comments to be mailed on February 23, 1998, and allow you to have input prior to the public hearing on March 4, 1998. If you have any questions concerning this group or its plans to address EP A's phase II stormwater program, please feel free to call me or Joe Freeland at (512) 404-7800. Sincerely, 0::~- Jim Mathews C;I~ JMJkb Enclosures e . C(Q)~1( . PHASE II NPDES STORM WATER PROGRAM HIGHLIGHTS OF PROPOSED RULES WHAT ACTIVITIES WILL BE COVERED UNDER THESE RULES THAT ARE NOT COVERED UNDER THE EXISTING PERMIT PROG~I? MUNICIP AL SEPARATE STORM SEWER SYSTEMS (MS4S) .. All cities, counties, and other governmental jurisdictions (universities, water districts, military bases) in "Urbanized Areas" are required to obtain an Individual or a General Permit. (In very limited cases, cities with a population of less than 1,000 can get a waiver). · Cities not in an Urbanized Area but having a population equal to or greater th,an 10,000 and a density of at least 1,000 persons per square mile will be evaluated to determine if they should be required to obtain a permit. The determination will be made using a standardized set of designa!ion criteria developed by EP A (or the TNRCC, upon delegation). · Any MS4 that EP AfINRCC determines has an existing or potential significant water quality impact will be required to obtain a permit. The public can petition EP A/TNRCC to require a permit. CONSTRUCTION - Projects in the following categories are required to be permitted: · Projects that disturb one-to-five acres of vegetative cover. (There is a potential for waivers in 'some cases). · Individual projects that disturb less than one acre, if they are part of a larger common plan of development or sale. · Projects that disturb less than one acre, if EP A/TNRCC determines there is a potential that there will be a significant contribution of pollutants. This determination may be made in response to a petition from the public. INDUSTRIAL FACILITIES OWNED BY CITIES WITH POPULATIONS < 100.000) - These facilities are currently exempt from permit reqt.:::-ements and include facilities such as wastewater treatment plants, landfills, vehicle maintenance sites, and construction sites). This exemption will expire August 7, 2001. ' A COMPLETE COpy OF THE PROPOSED REGULATIONS ARE IN THE JANUARY 9, 1998, FEDERAL REGISTER AND AT THE FOLLOWING INTERNET WEB SITE: http://www.epa.gov/region06/6en/w/swlhottopp2.htm H:\T....nllM8<F C1i"'lSI/SI7IHandOUl PG...-pd :!I5/9' e e CCCC~V"::'.' MINIMUM REQUIREMENTS FOR PERMITTED MS4 SYSTEMS - Proposal lists six minimum control measures. 1. PUBLIC EDUCATION AND OUTREACH - Cities must distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that can be taken to reduce storm water pollution. 2. PUBLIC INVOLVEMENT AND P ARTICIP AnON - Cities must comply with state and local public notice requiremegts. 3. ELIMINATION OF ILLICIT CONNECTIONS · Develop a Storm sewer system map · Program to d~tect illicit discharges · Prohibition of illicit discharges by an ordinance that provides enforcement capability 4. CONTROL OF CONSTRUCTION SITE RUNOFF · Adoption and implementation of a local program to reduce pollutants in storm water runoff from construction activities that disturb more than 1 acre. · Implementation of structural and non-structural Best Management Practices (BMPs) · City review of site management plans · Construction inspections and penal~ies for violations 5. POST -CONSTRUCTION CONTROLS ON NEW DEVELOPMENT AND REDEVELOPMENT · Applies to projects one acre and larger · Encourages low-impervious-cover developments · Includes assumption that detention basins/wet ponds will be constructed for residential, commercial, and industrial projects · Encourages BMPs that "attempt to maintain pre-development runoff conditions." 6. POLLUTION PREVENTION FOR MUNICIPAL OPERATIONS · Operation and Maintenance Plan for MS4 and city facilities · Employee-training program Cities would be allowed to choose, from a StatelEPA compiled list, the best management practices (BMPs) to be implemented for each of the minimum control measures. Cities would identifY the measurable goals for each of the minimum control measures. In their compliance reports, Cities would evaluate their progress towards achievement of their identified measurable goals. H:\Ten..'~\I"F Oienll\151 7IHandllUl P<i...'JId 2 V5/98 e . CG@~v SCHEDULE RULE · Notice of Proposed Rulemaking - January 9, 1998 · Public Hearing on Proposed Rule (Dallas) - March 4, 1998 · Deadline for Commenting on Proposed Rulemaking - April 9, 1998 · Notice of Final Rulemaking - l\tlarch 1, 1999 APPLICA nON · Industrial-Type Facilities Owned by Cities< 100,000 - August 7, 200 I · Automatically Designated Small MS4s - May 31, 2002 · Potentially Designated Small MS4s (population> 10,000/Density > 1,000) - Within 60 days of notice · Other Small MS4s, if designated - Within 180 days of notice · Construction on Sites less than Five Acres - May 31, 2002 REPRESENTATIVE ISSUES OF CONCERN · Nationwide automatic designation of Small MS4s without any direct link to known water quality problems. · Use of NPDES permit program rather than a state developed storm water management program. · NPDES Delegation - (1) waiver of 10 th Amendment rights; (2) TNRCC's lack of authority to issue general permits for MS4 discharges. · Costs - EP A appears to be underestimating costs associated with MS4 permits. EP A not accounting for additional costs associated with low-density development for water and wastewater service, street maintenance, drainage system maintenance, fire protection, and police protection. · Violates lOth Amendment because it compels local governments to use their governmental powers to implement EPA's regulatory program. · Cities could be liable for permit violations if they fail to enforce EP A's construction site regulatory program to EP A's satisfaction. · Post-construction controls to "attempt to mimic pre-development runoff conditions" could violate the 10th Amendment, and may be difficult and costly to achieve. · EPA has failed to adequately comply with the Unfunded Mandates Reform Act of 1995 by failing to adopt the most efficient and least burdensome alternative. H:ITcnan.IM&:F ClicnlSll 5 /7IHandcu, PO ..-pel 3 VSJ98 e List of Affected Cities X=Attended February 6, 1998, Meeting Addison Alamo Alamo Heights X Alice Allen Alvin Andrews Angleton Azle Balch Springs Balcones Heights X Bay City Bayou Vista Baytown X Bedford Beeville BeIlaire X BeIlmead Belton Benbrook Beverly Hills Big Spring Blue Mound Borger Brenham Brookside Village Brownsville Brownwood Bryan X Buckingham Bunker Hill Village X Burkbumett Canyon CarroIlton Castle Hills Cedar HilI Cedar Park Cibolo Clear Lake Shores Clebume X Clint Cockrell Hill College Station X Colleyville Combes Conroe X Converse Coppell Copperas Cove X Corinth X Corsicana Crowley Dalworthington Gardens Deer Park X Del Rio X Denison X Denton DeSoto Dickinson Donna Double Oak Dumas Duncanville Eagle Pass EdgeclifT Village Edinburg EILago EICampo Euless Everman Fanners Branch Flower Mound Forest HilI Friendswood X Gainesville X Galena Park X GatesvilIe X Georgetown Grand Prairie X Grapevine X Groves Haltom City Haltom City Harker HeiRhts X . CC(D)[P~ Harlingen X Hedwig Village Henderson Hereford Hewitt X Hickory Creek Highland Hills Highland Park Highland Village Hill Country Village Hilshire Village Hitchcock Hollywood Park Howe Humble Hunters Creek Village X Huntsville Hurst Hutchins Impact Jacinto City Jacksonville Jersey Village Katy Keller Kemah Kennedale Kerrville Killeen X Kingsville Kirby Lacy-Lakeview X Lake Worth Lake Dallas Lake Jackson Lakeside Lakeside City LaMarque X Lamesa X Lancaster LaPorte . Leander Leon Valley X Levelland Lewisville Live Oak X Longview X Lufkin X Lumberton McAllen X Meadows Mercedes Midland X Mission . Missouri City Morgan's Point Mount Pleasant Nacogdoches X Nash Nassau Bay Nederland X New Braunfels Nolanville North Richland Hills Northcrest Odessa Olmos Park Palestine Palm Valley Palmview Pampa Pantego Pearland Pecos City Ptlugerville X Pharr X Piney Point Village Plain view X Port Neches X Port Arthur X Port Lavaca X Portland Primera Richardson X Richland Hills River Oalcs Robinson Robstown Roclcwall Rollingwood Rose Hill Acres Rosenberg Round Rock Rowlett X Sachse Saginaw San Juan San Angelo X San Benito San Marcos Sansom Park Santa Fe X Schertz X Seabrook X Scagoville Seguin X Selma Shavano Park Shennan Shoreacres Snyder Socorro South Houston Soulhside Place Spring Valley Stafford Slephenville Sugar Land Sunnyvale Sunset Valley X Sweetwater X Taylor X Taylor Lalce Village Temple X Terrell Hills Texarkana X Texas City X 2 . ~Q)tp)1f The Colony Tye Tyler Universal City University Park Uvalde Vernon Victoria Vidor Walce Village Watauga Webster Weslaco West University Place West Lalce Hills Westover Hills Westworth Village White Settlement White Oalc Wichita Falls Wilmer Windcrest Woodwav x . x X