RTC#02-363 Attachment B

Attachment B

NPDES Stormwater Discharge Permit Order No. 01-024,

Provision C.9.d

In accordance with Provision C.1 and Findings 12 and 13 of this Order, the Dischargers shall implement control programs for pollutants that have the reasonable potential to cause or contribute to exceedances of water quality standards. These control programs shall include the following.

d. Control Program for Pesticides. To address the impairment of urban streams by diazinon, the Dischargers shall implement a pesticide toxicity control plan (Pesticide Plan) that addresses their own use of pesticides, including diazinon and other lower priority pesticides no longer in use, such as chlordane, dieldrin and DDT, and the use of such pesticides by other sources within their jurisdictions. The Dischargers may address this requirement by building upon their prior submissions to the Regional Board. They may also coordinate with BASMAA, the Urban Pesticide Committee, and other agencies and organizations.

i. Pesticide Use by Dischargers

The Pesticide Plan shall include a program to quantitatively identify each Discharger’s pesticide use by preparing a periodically updated inventory of pesticides used by all internal departments, divisions, and other operational units as applicable to each Discharger. The Pesticide Plan shall include goals and implementing actions to replace pesticide use (especially diazinon use) with least toxic alternatives. Schools and special district operations shall be included in the Pesticide Plan to the full extent of each Discharger’s authority. The Dischargers shall adopt and verifiably implement policies, procedures, and/or ordinances requiring the minimization of pesticide use and the use of integrated pest management (IPM) techniques in the Dischargers’ operations. The policies, procedures, and/or ordinances shall include 1) commitments to reduce use, phase-out, and ultimately eliminate use of pesticides that cause impairment of surface waters, and 2) commitments to not increase the Dischargers’ use of organophosphate pesticides without justifying the necessity and minimizing adverse water quality impacts. The Dischargers shall implement training programs for all municipal employees who use or could use pesticides, including pesticides available over the counter. These programs shall address pesticide-related surface water toxicity, proper use and disposal of such pesticides, and least toxic methods of pest prevention and control, including IPM. The Pesticide Plan shall be subject to updating via the Dischargers’ continuous improvement process.

ii. Other Pesticide Sources To address other pesticide users within the Dischargers’ jurisdictions (including schools and special district operations that are not owned or operated by the Dischargers), the Pesticide Plan shall include the following elements:

Public education and outreach programs. Such programs shall be designed for residential and commercial pesticide users and pest control operators. These programs shall provide targeted information concerning proper pesticide use and disposal, potential adverse impacts on water quality, and alternative, least toxic methods of pest prevention and control, including IPM. These programs shall also target pesticide retailers to encourage the sale of least toxic alternatives and to facilitate point-of-sale public outreach efforts. These programs may also recognize local least toxic pest management practitioners.
Mechanisms to discourage pesticide use at new development sites. Such mechanisms shall encourage the consideration of pest-resistant landscaping and design features, minimization of impervious surfaces, and incorporation of stormwater detention and retention techniques in the design, landscaping, and/or environmental reviews of proposed development projects. Education programs shall target individuals responsible for these reviews and focus on factors affecting water quality impairment.
Coordination with household hazardous waste collection agencies. The Dischargers shall support, enhance, and help publicize programs for proper pesticide disposal.

The Pesticide Plan shall include a schedule for implementation and a mechanism for reviewing and amending the plan, as necessary, in subsequent years. The Pesticide Plan shall be submitted to the Executive Officer by July 1, 2001.

iii. Other Pesticide Activities

The Dischargers shall work with the Urban Pesticide Committee and other municipal stormwater management agencies in the Bay Area to assess which diazinon products and uses and previous uses of dieldren, chlordane, and DDT pose the greatest risks to surface water quality. Along with incorporating this information into the programs described above, the Dischargers shall work with the Urban Pesticide Committee and other municipal stormwater management agencies to encourage US EPA, the California Department of Pesticide Regulation (DPR), and pesticide manufacturers to understand the adverse impacts of diazinon, dieldren, chlordane, and DDT on urban creeks, monitor US EPA and DPR activities related to the registration of diazinon products and uses, and actively encourage US EPA, DPR, and pesticide manufacturers to eliminate, reformulate, or otherwise curtail, to the extent possible, the sale and use of diazinon when it poses substantial risks to surface water quality (e.g., when there is a high potential for runoff).

The Dischargers shall also work with the Regional Board and other agencies in developing a TMDL for diazinon in impaired urban creeks. The Dischargers will participate in stakeholder forums and collaborative technical studies necessary to assist the Regional Board in completing the TMDL. These studies may include, but shall not be limited to, additional diazinon monitoring and toxicity testing.

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