Item C: Stormwater Permit and Program Developments

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prepare the FY05 budget assuming no increase in user fees and $2.1 million in service level reductions. The council also voted not to implement a $0.50 user fee increase to fund an enhanced stream corridor acquisition program. The council was aware that the decisions would result in a program which would still meet the requirements of the 1994 NPDES permit, but that implementation other CSWMP measures would be over a much longer period of time, and some non permit-related program measures would be eliminated. Staff informed the council of the status of the City's new NPDES permit, which at that time not yet been issued, and the likelihood that the new permit would contain more rigorous conditions which would, at a minimum, require reallocation of resources within the program. The City Council subsequently approved a FY05 budget which reflected the restoration of funds for some of the services that had been identified for cuts following the 2003 program review. User fees were increased 2.5% effective July 1, 2004, to restore funding for the Willamette River bank cleanup, the NeighborWoods program, and financial support for the Long Tom and McKenzie Watershed Councils. To allow continued funding of stormwater services consistent with the proposed FY06 budget, stormwater user fees were increased by 3.5% effective July 1, 2005. Permit Renewal The City joined efforts with the five other permittees under Phase I of the NPDES program during the permit renewal process beginning in 2003 and culminating with new NPDES stormwater permits for all six permittees in March 2004. The four Portland-area permits (issued to the City of Portland, Clean Water Services, Gresham, and Clackamas County and their co-permittees) were subsequently challenged, pulled for reconsideration by DEQ, revised, and re-issued in August 2005. The four Portland-area permittees have been given additional time to compile the results of their internal permit- related evaluation, and are now required to submit an "Evaluation Report" in May 2006. Eugene and Salem remain on the original timeline for submitting evaluation reports with the second annual NPDES report, due to DEQ by December 1, 2005. New NPDES Permit & Program Evaluation The new permit includes additional requirements in the areas of water quality monitoring, reporting, evaluation, addressing specific problem pollutants, and public involvement. An evaluation of the City's program in light of new permit requirements has been completed and public outreach is now underway. The evaluation process and results are summarized in Attachment A ("National Pollution Discharge Elimination System Stormwater Management Plan"). The evaluation confirmed the importance of core stormwater program activities including street sweeping, system cleaning, education and volunteer programs, vegetation management, tree planting, erosion control, illicit discharge enforcement, spill response, and water quality monitoring. The evaluation identified two gaps in the City's program which need to be filled and specific program adjustments which need to be made in order to remain in compliance with the City's permit. Program Gap - Stormwater Development Standards One gap identified in the permit-related program evaluation is that Eugene lacks post-construction stormwater quality development standards ("stormwater development standards"). Stormwater development standards are regulations for locating, designing, constructing, and maintaining water quality facilities for new development and significant re-development. These standards are part of the current program workplan, and a draft ordinance involving changes to Chapter 9 and Chapter 6 of the Eugene City Code is under development. Public outreach is underway, including review of an ordinance summary by the Public Works Stormwater Department Advisory, and scheduled presentations L\CMOI200S Council AgendasIMOSIOIOISOSIOIOC.doc