Loading...
RPVCCA_SR_2011_02_01_06_MOA_Monitoring_Plan_For_Machado_Lake_Nutrient_TMDL_ComplianceC~OF MEMORANDUM RANCHO PALOS VERDES CAROLYN LEHR,CITY MANAGER Andy Winje,Associate Civil Engineer~ TO: FROM: DATE: SUBJECT: REVIEWED: Staff Coordinator: HONORABLE MAYOR &CITY COUNCIL MEMBERS_k~ RAY HOLLAND,DIRECTOR OF PUBLIC WORK~M~ FEBRUARY 1,2011 MEMORANDUM OF AGREEMENT (MOA)TO IMPLEMENT PALOS VERDES PENINSULA COORDINATED MONITORING PLAN FOR MACHADO LAKE NUTRIENT TMDL COMPLIANCE 0L RECOMMENDATION 1.Approve the Memorandum of Agreement (MOA)among the four incorporated cities of the Palos Verdes Peninsula to carry out the Palos Verdes Peninsula Coordinated Monitoring Plan in Compliance with the Machado Lake Nutrient Total Maximum Daily Load (Nutrient Monitoring Plan). 2.Authorize the Mayor and City Clerk to execute the MOA. EXECUTIVE SUMMARY Attached is a Memorandum of Agreement (MOA)between the four incorporated cities of the Palos Verdes Peninsula (Parties)to carry out the Palos Verdes Peninsula Coordinated Monitoring Plan (Nutrient Monitoring Plan)in compliance with the Machado Lake Nutrient Total Maximum Daily Load (TMDL)Allocation.The TMDL requires tributary municipal storm drain owners to first monitor and then reduce,as necessary, the identified pollutants that would otherwise flow to the lake.As with other TMDLs to which the City is bound,the City can realize economies of scale by combining these compliance efforts with neighboring jurisdictions.This MOA establishes the roles and formula for cost sharing among the four cities to implement this plan.Cost sharing of annual fixed costs and variable costs are set forth in Exhibits Band C of the MOA, respectively.The TMDL Resolution is included in Appendix D and the Nutrient Monitoring Plan is included as Exhibit E of the MOA. 6-1 INTRODUCTION AND BACKGROUND Machado Lake is a 40-acre lake located in the Ken Malloy Harbor Regional Park and is managed by the City of Los Angeles Department of Recreation and Parks.The park is situated to the west of the Harbor (110)Freeway, south of Pacific Coast Highway and east of Vermont Avenue.Machado Lake supports a diverse range of wildlife including several threatened and endangered species.Machado Lake receives urban and stormwater runoff from a watershed area of approximately 20 square miles consisting of nine incorporated cities,Caltrans highways and roads,and areas of unincorporated County land.The portion of the Peninsula which drains to Machado Lake consists of approximately 5.6 square miles,which is 25%of the Machado Lake watershed drainage area. Machado Lake is listed on the Clean Water Act 303(d)lists of impaired water bodies in California due to eutrophic conditions,algae and odors.The listed impairments are caused by the overloading of nutrients,such as nitrogen and phosphorus,resulting in excessive algal growth which leads to increased cloudiness,decreased levels of oxygen,and odor problems.These occurrences affect the recreational,aesthetic,and ecological functioning of Machado Lake. On May 1,2008,the Los Angeles Regional Water Quality Control Board (Regional Board)adopted the Total Maximum Daily Load (TMDL)for nutrients in Machado Lake 1 which is included as Exhibit D of the MOA.On March 11,2009,the Machado Lake Nutrient TMDL became effective upon approval by the State Water Resources Control Board,USEPA and the Office of Administrative Law.In accordance with the TMDL implementation schedule,on March 10,2010,the four Peninsula cities jointly submitted the Palos Verdes Peninsula Coordinated Monitoring Plan in Compliance with the Machado Lake Nutrient Total Maximum Daily Load (Nutrient Monitoring Plan)for review and approval by the Regional Board staff. The Machado Lake Nutrient TMDL lists 11 responsible parties tributary to Machado Lake including the cities of Rancho Palos Verdes,Palos Verdes Estates,Rolling Hills, and Rolling Hills Estates.The unique characteristics and isolated geographic setting of the Palos Verdes Peninsula encouraged a collaborative approach among the Peninsula Cities in order to achieve a cost-effective coordinated monitoring program with a minimum of redundancy within the constraints of the TMDL requirements. Drainage from the Peninsula cities is conveyed via the natural soft bottom canyon systems in conjunction with structured storm drain systems.These systems are intertwined and cross-connected warranting a Peninsula-wide coordinated approach to compliance monitoring to minimize the number of required monitoring locations and eliminate redundancy.The purpose of the Nutrient Monitoring Plan is to monitor the water quality of discharges exiting the Peninsula and assess the extent to which the discharges are in compliance with the TMDL targets for Total Nitrogen and Total Phosphorus.The monitoring results will be reported to the Regional Board for compliance purposes,but the results will also be utilized by the Peninsula cities as feedback to assess the effectiveness of TMDL implementation activities in accordance with a joint Implementation Plan that is currently under development. 1 State Water Resources Control Board,Los Angeles Region Resolution No.R08-006,Amendment to the Water Quality Control Plan -Los Angeles Region to incorporate the Total Maximum Daily Load for Eutrophic, Algae,Ammonia,and Odors (Nutrient)in Machado Lake 6-2 The Peninsula cities are required to initiate monitoring activities within 60 days of plan approval.On December 14,2010,the Executive Officer of the Regional Board issued a Conditional Approval of the Nutrient Monitoring Plan with specified revisions to be made by February 1,2011.These revisions have been incorporated into the Nutrient Monitoring Plan in Exhibit E.Monitoring in accordance with this Plan must continue until the Peninsula cities have established compliance with the final TMDL targets for Total Nitrogen (1 mg/L)and Total Phosphorus (0.1 mg/L).Compliance will be based on three continuous years of monitoring data wherein monthly average concentrations are at or below the final waste load allocations for Total Nitrogen and Total Phosphorous.Once compliance with final waste load allocations is established,the results of this monitoring plan and other available information may be used to revise the amount of monitoring required to demonstrate continued TMDL compliance under a revised monitoring plan or other Regional Board order.•- The data collected as described in the Nutrient Monitoring Plan will be compiled and reported to the Regional Board annually beginning one year from its date of approval. The annual report will include monitoring results from the preceding year and will be submitted to the Regional Board within 45 days of the end of each reporting year. The MOA has been reviewed by the RPV City Attorney and each of the other city's attorneys. DISCUSSION AND ALTERNATIVES Execution of the MOA to implement a coordinated monitoring program among the Peninsula cities is the most cost-effective option available to the City for complying with the monitoring and implementation requirements of the Machado Lake Nutrient TMDL. Since the City is tributary to three of the five monitoring locations identified in the monitoring plan and constitutes 23%ofthe Peninsula sub-watershed,estimated monitoring costs would be two to three times higher should the City chose to conduct the monitoring on its own rather than executing the MOA and coordinated monitoring program. With the anticipated incorporation of the Machado Lake Nutrient TMDL into the next Muni9ipal Stormwater Permit (MS4)later this year,failure to comply with the TMDL monitoring requirements would subject the City to enforcement action by the Regional Board for failure to comply with the terms of the Stormwater Permit,which can carry penalties of up to $10,000 per day per violation under the federal Clean Water Act.In addition,the City could be subject to third party lawsuits for failure to comply with permit requirements. FISCAL IMPACT The City's share of annual costs shall not exceed $13,050 under the MOA.Costs above this limit would require an amendment of the MOA.Funds are available in the FY 10-11 Storm Water Quality Budget Program to cover these expenditures. 6-3 Attach ments: MEMORANDUM OF AGREEMENT -MACHADO LAKE NUTRIENT TMDL (MONITORING PLAN) EXHIBIT A -List of Responsible Agencies EXHIBIT B -Responsible Jurisdictions'Share of Annual Fixed Monitoring and Reporting Costs EXHIBIT C -Estimated Responsible Jurisdictions'Share of Monitoring Costs EXHIBIT D -Machado Lake Nutrient TMDL -Board Resolution No.R08-006 EXHIBIT E -Palos Verdes Peninsula Coordinated Monitoring Plan 6-4 MEMORANDUM OF AGREEMENT MACHADO LAKE NUTRIENT TMDL (MONITORING PLAN) This Memorandum of Agreement ("Agreement")is made and entered into by and between the public entities (the "Responsible Jurisdictions")whose names are set forth on Exhibit A,attached hereto and incorporated herein by this reference.The~ Responsible Jurisdictions are sometimes referred to herein singularly as "Party"and collectively as "Parties." WIT N E SSE T H: The Parties hereto do agree as follows: Section 1.Recitals. This agreement is made and entered into with respect to the following facts: A.The federal Clean Water Act ("CWA")requires the California Regional Water Quality Control Board,Los Angeles Region ("Regional Board")to develop water quality standards which include beneficial use designations and criteria to protect beneficial uses for each water body found within its region. B.Section 303(d)of the CWA requires,among other things,that states identify and prepare a list of water bodies that do not meet water quality standards.Section 303(d)further requires that states establish load and waste load allocations,or a total maximum daily load ("TMDL"),for each water body that will ensure attainment of water quality standards and then to incorporate those allocations into their water quality control plans. C.Machado Lake was listed on California's 1998 Section 303(d)list,due to impairments for:Eutrophic conditions,Algae,Ammonia and Odors (collectively referred to as Nutrients). D.On May 1,2008,the Regional Board adopted Resolution No.2008-006 ("Resolution 2008-006")establishing the limit for the Total Maximum Daily Loads for nutrients for Machado Lake ("Nutrient TMDL"),a true and correct copy of which is attached as Exhibit D hereto and incorporated herein. E.The Nutrient TMDL became effective on March 11,2009. Machado Lake Nutrient TMDL Memorandum of Agreement 6-5 MachadoLakeMOA-01-19-2011-FINAL.doc F.Resolution 2008-006 does not preclude responsible jurisdictions from working together as a group to meet the requirements of the Implementation Schedule set forth in Table 7-29.2 of Attachment A to Resolution No.R08-006. G.Resolution 2008-006 identifies the cities of Palos Verdes Estates,Rancho Palos Verdes,Rolling Hills,and Rolling Hills Estates (Parties)as among the 11 Municipal Separate Storm Sewer System (MS4)Permittees that are responsible for discharges to Machado Lake. H.The Implementation Schedule set forth in Table 7-29.2 of Attachment A to resolution No.R08 006 provides for a monitoring and reporting program plan to~ be submitted to the regional Soard by March 11,2010 for approval. I.On March 10,2010,the Parties jointly submitted the Palos Verdes Peninsula Coordinated Monitoring Plan in Compliance with the Machado Lake Nutrient Total Maximum Daily Load (Nutrient Monitoring Plan)for review and approval by the Regional Soard to meet Task 5 of the Implementation Schedule set forth in Table 7-29.2 of Attachment A to Resolution No.R08-006. J.On December 14,2010 the Regional Soard issued a letter conditionally approving the Nutrient Monitoring Plan with specified revisions to be made by February 1,2011.A true copy of the revised and approved Nutrient Monitoring Plan is provided as Exhibit E. K.The Parties identified herein will enter into this Agreement to collectively initiate and implement the approved Nutrient Monitoring Plan activities no later than sixty (60)days after approval of said plan by the Executive Officer of the Regional Soard. L.To facilitate a coordinated and cost-effective program as required under the Nutrient TMDL,the Parties have agreed to contribute funds to Rolling Hills Estates (RHE),who will contract with Consultant(s)and a Contract Laboratory for the performance of monitoring services to be conducted in accordance with the approved Nutrient Monitoring Plan.The Parties agree that the formula set forth in Exhibit "S"will be used to calculate each of the Parties'share of financial contribution to carry out the Nutrient Monitoring Plan. M.The Parties further desire to set forth their respective duties and obligations with respect to carrying out the monitoring plan and to provide RHE with the necessary authority to conduct sampling at the monitoring site(s)identified in the Nutrient Monitoring Plan. NOW,THEREFORE,in consideration of the mutual benefit and promises made herein, the Parties do hereby agree as follows: Machado Lake Nutrient TMDL Memorandum of Agreement 2 6-6 MachadoLakeMOA-01-19-2011-FINAL.doc Section 2.Purpose of MOA. 2.1 Purpose of MOA. (a)The Parties agree that the purpose of this Agreement is to jointly implement a monitoring and reporting plan consistent with the provisions of the approved Nutrient Monitoring Plan. (b)The Parties also agree that an additional purpose of this Agreement is to memorialize the Parties'willingness to coordinate the payment and performance of~ monitoring services that are consistent with the provisions of the Nutrient Monitoring Plan and the Nutrient TMDL. (c)The parties recognize and acknowledge that this Agreement and the work being accomplished hereunder are being undertaken to comply with the mandates of the Nutrient TMDL.This Agreement is entered into for the development of a cost effective and a well-coordinated Nutrient Monitoring Plan consistent with the provisions of the Nutrient TMDL,to establish the roles of the Parties to conduct monitoring identified in the Nutrient Monitoring Plan,and to address the cost sharing among the Parties for the retention of consultant(s)and state certified contract laboratory by RHE to carry out the Nutrient Monitoring Plan that is consistent with the goals of the Nutrient TMDL. 2.2 Non-Waiver of Positions. Nothing in this MOA,nor the Work,nor any activity approved or carried out by the Parties hereunder,shall be interpreted as a waiver of the position that the efforts to be undertaken by the Parties are subject to the "Maximum Extent Practicable"standard set forth in the Clean Water Act (33 U.S.C.Section 1251 et seq.)or any position by any of the parties that one or more of the TMDL standards or requirements violated the Clean Water Act provisions or constitute unfunded state mandates. Section 3.Term. The Term of this Agreement shall commence upon execution by all parties to this Agreement and shall continue in full force and effect through September 11,2018,the completion of the implementation period for MS4 permittees.Within the Term of this Agreement,a party may withdraw from this agreement in accordance with the provisions of Section 7.8 of this Agreement,below. Section 4.Mutual Obligations. The Parties hereto acknowledge and agree that,they will undertake the following in order to implement provisions of the Nutrient TMDL: A.In accordance with the schedule set forth in Resolution No.2006-008,the Parties have elected to jointly carry out and fund a monitoring and reporting plan Machado Lake Nutrient TMDL Me'!10randum of Agreement 3 6-7 MachadoLakeMOA-01-19-2011-FINAL.doc consistent with the requirements of the Nutrient TMDL insofar as it addresses discharges from the Parties'respective jurisdictions and except for the exclusions contained in Section 6.The monitoring and reporting cost estimate is set forth in Exhibit C. B.In accordance with the Nutrient Monitoring Plan as conditionally approved by the Executive Officer of the Regional Board,to advise and comment upon RHE's recommendation to select a qualified and experienced consultant(s)and state certified laboratory(s)to conduct the monitoring and analytical laboratory work. C.Prepare and submit annual monitoring reports as are required by the Regiona( Board Resolution No.2006-008. Section 5.Contracting and Funding 5.1 Sharing of Costs. (a)The Parties hereby agree to share the cost of performing the work described in the Nutrient Monitoring Plan in accordance with the following allocation: (1)Fixed initial and annual costs,such as costs for preparation of the TMDL's required Health and Safety Plan or a local traffic control plan,and preparing and submitting annual reports and supporting laboratory data,will be shared based on the percentage of land area within the jurisdictional boundaries of each Party that is within the land area of the Machado Lake Watershed as delineated in the Nutrient Monitoring Plan and summarized in Exhibit B.The breakdown of land area by Party and the exact share for each Party for initial and annual estimated fixed costs is set forth in Exhibit B, attached hereto and incorporated herein by this reference; (2)Costs for field observation,monitoring,sampling and laboratory analysis will be shared based on the percentage of land area within the jurisdictional boundaries of each Party that is within the sub-drainage area tributary to a partiCUlar monitoring/observation site as delineated in the Nutrient Monitoring Plan.These monitoring costs are summarized in Exhibit C with the exception of costs associated with Source Tracking Monitoring Investigations which are outside the scope of this Agreement as discussed further in Section 6.The breakdown of land area by Party and the exact share for each Party for estimated annual monitoring costs for each monitoring/observation site is set forth in Exhibit C and attached hereto and incorporated herein by this reference. (b)All Parties agree,except for additional costs that may be incurred as set forth in Section 6,that the total cost associated with the Agreement,including the review and summarization of the data contained within the monitoring reports and Machado Lake Nutrient TMDL Memorandum or Agreement 4 6-8 MachadoLakeMOA-OI-19-2011-FfNAL.doc quality assurance management activities to verify conformance to the provisions of the Nutrient Monitoring Plan,shall not exceed $65,000 per year and no party shall be required to expend more than its respective percentage share of $65,000,as determined in accordance with Exhibits Band C,unless express written consent is obtained from all Parties to amend this Agreement to increase the total authorized annual cost. (c)The Parties agree that Rolling Hills Estates (RHE)will contract with a consultant(s)and state certified contract laboratory to assist in carrying out the Nutrient Monitoring Plan.RHE will consult with the party representatives in the selection of a qualified and experienced consultant(s)and state certified laboratory(s)to conduct" the monitoring.RHE's contract with the consultant(s)shall incorporate RHE's contracting requirements and policies.The contract shall recite,however,that while it is for the benefit of all of the Parties,the consulting agency shall look solely to RHE for payment. (d)RHE shall be responsible for coordinating the activities with the hired consultant(s)to ensure that the Nutrient Monitoring Plan and related deliverables, to be specified in a Scope of Work agreed upon by the Parties in the manner proVided herein,are delivered on time and within budget.All work product shall be compiled and sent to the Parties annually either in written or in an electronic format agreed upon by the Parties. (e)Any funding arrangement reached by the Parties shall apply to the work set forth in Section 4,above,but shall not extend to any source control activities, as defined in the MS4 Permit or necessary to achieve waste load allocations,which shall be the responsibility of the individual agency in which the source is located. 5.2 Duties and Obligations of Responsible Agencies. Each Party hereby agrees: (a)To provide sufficient funds to cover its share of the costs as seen in Exhibits Band C to perform the services identified in the Nutrient Monitoring Plan. (b)Within thirty (30)days of the Effective Date of this Agreement and annually thereafter,RHE will invoice each Party for its share of the estimated costs for performing the services identified in the Nutrient Monitoring Plan as approved by the Regional Board.Each Party shall deposit its funds with RHE within 45 days of receipt of the written invoice.If the Party's actual share of costs exceeds the amount the Party deposited with RHE,the Party shall deposit any additional funds necessary to cover its annual share within forty-five (45)days of receipt of a written invoice from RHE for such additional funds. (c)To promptly review and approve draft reports or monitoring data produced in accordance with the Nutrient Monitoring Plan and any changes or amendments thereto in accordance with the deadlines established by RHE to comply with the deadlines set by the Regional Board. Machado Lake Nutrient TMDL Memorandum of Agreement 5 6-9 MachadoLakeMOA-01-19-2011-FINAL.doc (d)To meet and confer with RHE and other Parties as necessary to ensure the orderly impiementation of the Nutrient Monitoring Plan. (e)To provide plans and reports of any source tracking investigations conducted in accordance with Section 6.1 to be attached as appendices to the annual reports of the Nutrient Monitoring Plan as required in the Regional Board's conditional approval of the Nutrient Monitoring Plan. 5.3 Authority of Rolling Hills Estates. RHE is hereby authorized to take the following actions to implement and carry out this • Agreement: (a)To act as iead agency by retaining consuitants and state certified laboratories to assist the Parties with implementation of the Nutrient Monitoring Plan. (b)To submit in a timely manner the annual reports of the Nutrient Monitoring Plan to the Regional Board. (c)To coordinate the timely review and approval of the draft monitoring reports,and provide a reasonable time for review and comment by the appropriate officials for each Party,and any changes or revisions to the reports thereto.RHE shall ensure that the Consultant retained to prepare the annual report wiil circulate a draft of the proposed annual report to ail other Parties at least ten (10)working days before the due date of the finai report.RHE and Consultant shall review and consider comments submitted by any other Party for incorporation into to the draft annual report. (d)To provide invoices to each Party within 30 days of the beginning of each annual monitoring cycle and a request for prompt remittance of its respective share in accordance with Exhibits Band C of the estimated annual costs for performing the services identified in the Nutrient Monitoring Plan. (e)To establish a separate account to be used for the sole purpose of administering the funds for this Agreement. (f)To provide an annual accounting of revenue and expenditures to each Party within thirty (30)days of the close of the annual monitoring cycle.If any Party's deposit required by subsection 5.2 (b)of this Section exceeds its actual share of the annual costs of monitoring and reporting,RHE shall credit the difference against the Party's estimated annual share of the costs for the upcoming yearly monitoring cycle unless the Party has withdrawn from the Agreement as provided in Section 7 herein,in which case RHE shall refund the difference to the Party.For the final year of the MOU, any amount exceeding an agency's actuai share of the annual costs of monitoring and reporting shail be returned to the agency.Rolling Hills Estates wiil conduct a final accounting and refund any such amount to the appropriate agency within 120 days of the conclusion of the term of this MOU. Machado Lake Nutrient TMDL Memorandum of Agreement 6 6-10 MachadoLakeMOA-01-19·2011-FINAL.doc (g)To provide to the Los Angeles Regional Water Quality Control Board an annual report of the prior annual monitoring cycle performance under the Agreement.Said summary shall,at a minimum,show: (1)the location and result of water samples including any samples exceeding the Interim Waste Load Allocations;and (2)documentation of changes and refinements to the Nutrient Monitoring Plan based on the results of the monitoring data. Section 6.Separate Jurisdictional Responsibilities. Any violations disclosed by the Monitoring Plan shall be handled in accordance with this Section 6. 6.1 Source Tracking Monitoring Investigation. If the Parties or Regional Board determine that a tributary area upstream of a Tier 1 or Tier 2 monitoring location as defined in the Nutrient Monitoring Plan is exceeding interim waste load allocations,the individual jurisdictions tributary or upgradient to that monitoring location shall initiate a source tracking monitoring investigation in accordance with Section 2.3 of the Nutrient Monitoring Plan to specifically identify the problem.The jurisdiction(s)that is (are)identified through the source tracking monitoring as being the source of the problem shall be responsible for further investigative and corrective costs.Any source tracking monitoring investigations and corrective activities are outside the scope of this Agreement and the tributary jurisdictions are responsible for independently initiating,planning,conducting,reporting and paying for those activities. 6.2 Receiving Waters Limitations Compliance. The responsible jurisdictions shall be individually responsible for complying with the Receiving Waters Limitation Compliance reporting provisions of the Municipal Stormwater Permit in whatever manner that jurisdiction determines is appropriate.The City of Rolling Hills Estates is not responsible for preparing the Receiving Waters Limitation Compliance report on behalf of any other responsible jurisdiction,whether party to this Agreement or not. Section 7.General Provisions 7.1 Notices. Any notices,bills,invoices,or reports relating to this Agreement,and any request, demand,statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representatives of the Parties at the addresses set forth in Exhibit A attached hereto.A notice shall be deemed to have been received on (a)the day of delivery,if delivered by hand during regular business hours or by confirmed facsimile during regular business hours;or (b)on the third business day following deposit in the United States mail,postage prepaid to the addresses set forth in Machado Lake Nutrient TMOL Memorandum of Agreement 7 6-11 MachadoLakeMOA-01-19-2011-FINAL.doc Exhibit A attached hereto. 7.2 Relationship of the Parties. The Parties are,and shall at all times remain as to each other,wholly independent entities.No Party to this Agreement shall have power to incur any debt,obligation,or liability on behalf of any other Party or otherwise act as an agent of any other Party except as expressly provided to the contrary by this Agreement.No Party shall,at any time,or in any manner,represent that it or any of its officers,agents or employees are in any manner employees of any other Party to this Agreement. 7.3 Administration. For the purposes of this Agreement,the Parties hereby designate as their respective Party Representatives the persons set forth in Exhibit A.The designated Party Representatives,or their respective designees,shall administer the terms and conditions of this Agreement on behalf of their respective Party. 7.4 Cooperation;Further Acts. The Parties shall cooperate fully with one another,and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement. 7.5 Amendments. This Agreement may be amended by all the members of the Parties,provided that the terms of any proposed amendment shall be transmitted in writing to the representatives of the parties at least ten (10)business days prior to the date of a scheduled meeting of the Parties or,if the proposed amendment is to be considered at an emergency meeting of the Parties,the terms of such amendment shall be transmitted in writing to the representatives of the parties at least five (5)business days prior to the date of the emergency meeting of the parties.To be effective,all amendments must be in written form and executed by all Parties. (a)In accordance with Section 5 of the Nutrient Monitoring Plan,the cost sharing provisions and scope of this Agreement shall be reviewed and considered for amendment by the Parties: (1)upon the March 11,2014 interim compliance date,or (2)when two or more of the monitoring sites are demonstrated to be in compliance with the final waste ioad allocations based on three contiguous years of monitoring data wherein monthiy average concentrations are at or below the final waste load allocations for Total Nitrogen and Total Phosphorous,whichever occurs first. Machado Lake Nutrient TMOL Memorandum of Agreement 8 6-12 MachadoLakeMOA-01-1 9-2011-FINAL.doc 7.6 Execution in Counterparts. This Agreement may be executed simultaneously in counterpart,each of which shall be deemed an original,but together,shall constitute but one and the same instrument. 7.7 Effective Date. The effective date ("Effective Date")of this Agreement shall be the latest date of execution by a Party.This Agreement shall be binding upon and shall inure to the benefit of the respective successors,heirs and assigns of each Party. 7.8 Withdrawal From the Agreement. A Party may withdraw from this Agreement upon thirty (30)days advanced written notice to the Parties.The withdrawing Party will be responsible for its respective share, as determined in accordance with Exhibit B,of the cost associated with the work that has been completed through and including the date of withdrawal.The remaining cost shares and additional cost shares resulting from the withdrawal of a Party will be distributed among the remaining Parties according to their proportional cost share as set forth in Exhibit B.All Parties understand,acknowledge,and agree that withdrawal from the Agreement shall terminate any responsibility,liability or obligation resulting from this Agreement commencing from the date of withdrawal.A Party who withdraws from the Agreement shall remain liable for any loss,debt,liability otherwise incurred prior to the effective date of its withdrawal. 7.9 Grant of Mutual Access Rights. During the term of this Agreement,each of the Parties hereby grants to the other Parties the right of access and entry to all municipal storm drains,creeks,canyons, drainage courses and monitoring stations subject to this Agreement (the "Property")at all reasonable times for the purpose of discharging the duties and obligations described in this Agreement.Prior to exercising said right of entry,the entering Party shall provide reasonable written notice to the Party who owns the Property.For the purposes of this provision, written notice shall include notice delivered via email.All notices provided pursuant to this Article shall be delivered to the Party Representative at least 48 hours in advance of entry onto the Property and must receive confirmation from the Party that entry may proceed onto the Property.Any entering Party shall indemnify,defend and hold harmless the Party who owns the entered property,its Special Districts,elected and appointed officers,employees,and agents from and against any and all liability, including but not limited to demands,claims,suits,administrative proceedings,actions, fees,costs,and expenses (including attorney and expert fees),arising from or connected with the entry onto the Property and Work performed on said Property by the entering Party or its consultant. 7.10 Indemnification. Each Party hereby agrees to indemnify,hold harmless,and defend each other Party, including Special Districts,and their respective elected and appointed officials,officers, employees,and agents from any and all liability,including but not limited to demands, claims,suits,administrative proceedings,actions,fees,costs,and expenses (including Machado Lake Nutrient TMDL Memorandum of Agreement 9 6-13 MachadoLakeMOA-01-19-2011-FINAL.doc attorney and expert witness fees)as a consequence of,or arising out of,the performance of this Agreement and attributable to the fauit of the indemnifying party.If the allegations or ultimate facts established in any such claim,suit.administrative proceeding,or action demonstrate fault by more than one Party to this Agreement,then the Parties found at fault shall seek a determination of their percentage of fault and/or liability by either a process agreed to by them or in a proceeding before a court of competent jurisdiction.After the determination of fault is made,the Party or Parties liable to the other(s)will indemnify the other Party or Parties to the extent of its or their respective percentage of liability.If and oniy if the determination by the court (or other agreed upon process)results in a decision that each Party is equally at fault,then no party shall have any further duty to defend or indemnify any other Party.It is expressly ~ understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Any consuitants (inciuding any contract analytical laboratory)retained by any Party to discharge any duties under this Agreement shall agree to indemnify and hold harmless each Party and its agents and representatives from any and all liability or financial loss to the extent permitted by law.RHE as contracting party on behalf of the Parties shall require that any consultant has insurance coverage of at least $1 million for automobile liability,general liability,contractor's pollution legal liability,and if appropriate,errors and omissions coverage. 7.11 Assignment Prohibited. No Party shall assign,transfer,or subcontract any interest in this Agreement or any obligation or right or obligation hereunder.Any attempt by a Party to so assign, transfer,or subcontract any rights,duties,or obligations arising hereunder shall be null, void and of no effect. 7.12 Non-Waiver of Terms,Rights and Remedies. Waiver by any Party of anyone or more of the conditions of performance under this Agreement shall not be construed as a waiver of any subsequent failure to comply with the same conditions or any other condition of performance under this Agreement. 7.13 Governing Law and Construction. The validity,interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California.In the event of any asserted ambiguity in,or dispute regarding the interpretation of any matter herein,the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party that causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 7.14 Exhibits;Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Machado Lake Nutrient TMDL Memorandum of Agreement 10 6-14 MachadoLakeMOA-01-19-2011-FfNAL.doc Agreement and expressly made a part hereof.In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference,the provisions of this Agreement shall prevail. 7.15 Severability. If any provision of this Agreement shall be determined by any court to be invalid,illegal or unenforceable to any extent,the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid,illegal or unenforceable provision had never been contained in this Agreement. ~- 7.16 Entire Agreement. This Agreement,and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between the Parties.This Agreement supersedes all prior oral or written negotiations,representations or agreements.This Agreement may not be amended,nor any provision or breach hereof waived,except by written instrument approved by a majority vote of the legislative body of each Party and signed by the respective Party Representatives which expressly refers to this Agreement. 7.17 No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the Parties to this Agreement,and no third party shall be deemed to be a beneficiary or to have any rights hereunder against the Authority or any of the provisions hereof. 7.18 Attorney's Fees. In the event that any Party to this Agreement shall commence any legal action or proceeding to enforce or interpret the proVisions of this Agreement,the prevailing Party or Parties in such action or proceeding shall be entitled to recover its (or their)costs of suit,including reasonable attorneys'fees. IN WITNESS THEREOF,the Parties to this MOA have caused this MOA to be executed on their behalf,respectively,as follows: -Signatures begin on next page - Machado Lake Nutrient TMDL Memorandum of Agreement 11 6-15 MachadoLakeMOA-OI-19-2011-FINAL.doc Attest: Douglas R.Prichard City Clerk Approved as to Form: Robert Tyson City Attorney Machado Lake Nutrient TMDL Memorandum of Agreement 12 CITY OF ROLLING HILLS ESTATES By:_=-_--=---:-_ Steven Zuckerman Mayor • 6-16 MachadoLakeMOA-OI-19-2011-FINAL.doc Attest: Carla Morreale City Clerk Approved as to Form: Carol W.Lynch City Attorney Machado Lake Nutrient TMDL Memorandum of Agreement 13 CITY OF RANCHO PALOS VERDES By: Thomas D.Long Mayor 6-17 MachadoLakeMOA-01-19-2011-FINAL.doc Attest: Judy Smith City Clerk Approved as to Form: Christi Hogin City Attorney Machado Lake Nutrient TMDL Memorandum of Agreement 14 CITY OF PALOS VERDES ESTATES By:_ Rosemary Humphrey Mayor 6-18 MachadoLakeMOA-01-19-2011-FINAL.doc Attest: Anton Dahlerbruch City Clerk Approved as to Form: Michael Jenkins City Attorney Machado Lake Nutrient TMDL Memorandum of Agreement 15 CITY OF ROLLING HILLS By:----,,------,_ Godfrey Pernell Mayor 6-19 MachadoLakeMOA-01-1 9-2011-FINAL.doc Machado Lake Nutrient TMDL Memorandum of Agreement 16 • 6-20 EXHIBIT A Machado Lake Nutrient TMDL Responsible Agencies (Parties) Primary Jurisdiction: 1.City of Rolling Hills Estates 4045 Palos Verdes Drive North Rolling Hills,California 90274 Fax:(310)377-4468 Party Representative:Assistant City Manager • Additional Parties: 2.City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates,California 90274 Fax:(310)378-7820 Party Representative:Director of Public Works &Planning 3.City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90274 Fax:(31 0)544-5252 Party Representative:Director of Public Works 4.City of Rolling Hills 2 Portuguese Bend Road Rolling Hills,California 90274 Fax:(310)377-7288 Party Representative: Machado Lake Nutrient TMDL Memorandum of Agreement City Manager A-I 6-21 EXHIBIT B Responsible Jurisdictions'Share of Annual Fixed Monitoring and Reporting Costs Based on Area in Machado Lake Watershed as a Percentage of Area to be Monitored PERCENTAGE ACRES IN OF AREA WATERSHED WITH RESPECT JURISDICTION (excluding Chandler TO TOTAL AREA subdrainage which IN WATERSHED has no effective discharge) Palos Verdes Estates 250 8% Rancho Palos Verdes 701 23% Rollina Hills 637 21% RollinQ Hills Estates 1402 47% 2990 100% TOTAL Note:As set forth in 5.3(f),if the total annual cost share is not spent in a particular year, the excess amount will be carried over to the next year.Then,the agencies will only be invoiced for their percentage,subtracted by the excess amount. • Machado Lake Nutrient TMDL Memorandum of Agreement B-1 6-22 EXHIBIT C Estimated Responsible Jurisdictions'Share of Monitoring Costs by Sub-drainage Area Based on Percentage of Area Draining To Individual Monitoring Sites Monitoring!Annual Wet Palos Rancho Rolling Rolling TOTAL Observation Site Weather Lab Verdes Palos Hills Hills Analysis &Estates Verdes Estates Field Labor percentage distribution by agency Solano $1,125.00 100%0%0%0%100% Valmonte $1,125.00 18%27%0%55%100% RHECltyHal1 $1,125.00 0%33%4%63%100% Ranchvlew!Chadwick $--0%64%0%36%100% Lariat $1,125.00 0% 0%94%6%100% TOTAL $4,500.00 $1,328.59 $671.62 $1,102.99 $1,396.80 I Monitoring!Annual Dry Palos Rancho Rolling Rolling TOTAL Observation Site Weather Lab Verdes Palos Hills Hills Analysis Cost Estates Verdes Estates (1!3 lab) percentage distribution by agency Solano $2,760.00 100%0%0%0%100% Valmonte $2,760.00 0%0%0%100%100% RHECityHall $2,760.00 0%25%5%70%100% Ranchvlew!Chadwick $-I 0% Lariat $-0% TOTAL $8,280.00 $2,760.00 $689.06 $134.72 $4,696.22 1 Monitoring!Annual Dry Palos Rancho Rolling Rolling Observation Site Weather Verdes Palos Hills Hills Labor Cost Estates Verdes Estates (l!s labor) percentage distribution by agency Solano $3,456.00 100%1 0% 0% 0%100% Valmonte $3,456.00 18%1 27%0%55%100% RHECityHall $3,456.00 0%1 25%5%70%100% Ranchview!Chadwick $3,456.00 0%1 64%0%36%100% Lariat $3,456.00 0%1 0%94%6%100% TOTAL $17,280.00 4,081.44 1$4,001.17 $3,422.21 $5,775.17 Machado Lake Nulrienl TMDL Memorandum of Agreement C-1 6-23 Annual Area%of Annual One-Time Total First Total First Monitoring watershed Report and Costs Year Cost Year Cost Cost QA Mgmt.including Field/lab (fixed cost)20% contingency Palos Verdes Estates $8,170.03 8%$1,003.00 $961.20 $10,134.24 $12,161.08 Rancho Palos Verdes $5,361.86 23%1 $2,813.711 $2,696.47 $10,872.04 $13,046.45 Rolling Hills $4,659.92 21%$2,554.831$2,448.37 $9,663.12 $11,595.74 Rolling Hills Estates $11,868.19 47%$5,628.47 $5,393.95 $22,890.60 $27,468.72 TOTAL $30,060.00 100%12,000.00 11,500.00 53,560.00 $64,272.00 Machado lake Nutrient TMDl Memorandum of Agreement C-2 6-24 EXHIBIT D LARWQCB Resolution 2008-006 Amendment to the Water Quality Control Plan for the Los Angeles Region to Incorporate a Total Maximum Daily Load for Eutrophic,Algae,Ammonia,and Odors (Nutrient) for Machado Lake Including: Attachment A to Resolution No.2008-006 SWRCB Resolution 2008-089 USEPA Approval Letter Office of Adminstrative Law Approval Machado Lake Nutrient TMDL Memorandum of Agreement C-3 6-25 State of California California Regional Water Quality Control Board,Los Angeles Region RESOLUTION NO.Roil·006 May 1,2008 Amendment to the Water Quality Control Plan for the Los Angeles Region to Incorporate a Total Maximum Daily Load for Eutrophic,Algae,Ammonia, and Odors (Nutrient)for Machado Lake WHEREAS,the California Regional Water Quality Control Board,Los Angeles Region,finds that: 1.The Federal Clean Water Act (CWA)requires the California Regional Water Quality Control Board,Los Angles Region (Regional Board)to establish water quality standards for each water body within its region.Water quality standards include·beneficial uses,water quality objectives that are established at levels sufficient to protect those beneficial uses,and an antidegradation policy to ,prevent degrading waters.Water bodies that do not meet water quality standards are considered impaired. 2.CWA section 303(d)(1)requires each state to identify the waters within its boundaries that do 1;1Ot meet water quality standards.Those waters are placed on the state's '303(d)List"or "Impaired Waters List".For each listed water,the state is required to establish the Total Maximum Daily Load (TMDL)of each: pollutant impairing the water quality standards in,that waterbody.Both the identification of impaired waters and TMDLs established for those water must be submitted to the United States Environmental Protection Agency (U.S.EPA)for approval pursuant to .cWA section 303(d)(2).For all waters that are not ,identified as impaired,the states are nevertheless required to create TMDLs pursuant to CWA section 3D3(d)(3). 3.A consent decree between U.S.EPA,Heal the Bay,Inc.and BayKeeper,Inc. was approved on March 22,1999,which resolved litigation between those parties relating to the pace of TMDL development.The court order directs the U.S.EPA to ensure that TMDLs for all 199B-listed impaired waters be established within 13 years of the consent decree.The consent decree combined water body pollutant combinations in the Los Angeles Region into 92 TMDL analytical units.In accordance with the consent decree,the Machado Lake Eutrophic,Alage,Ammonia,and Odors (Nutrient)TMDL addresses the waterbody with eutrophic,algae,ammonia,and odor listings in analytical unit 76. Based on the consent decree schedule,TMDLs must be approved or established by U.S.EPA by March 2012. 4.The elements of a TMDL are described in 40 CFR 130.2 and 130.7 and section 303(d)(1 l(G)and (D)of the CWA,as well as in U.S.EPA guidance documents (Report No.EPAl440/4-91/001).A TMDL is defined as the sum of the individual waste load allocations for point sources,load allocations for nonpoint sources and natural background (40 CFR 130.2)..TMDLs must be set at levels necessary to attain and maintain the applicable narrative and num'eric water quality I I ! 6-26 Resolution No.ROB-OOB Page 2 5. standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality (40 CFR 130.7(c)(1)).40 CFR 130.7 aiso dictates that TMDLs shall take into account critical conditions for stream flow,loading and water quality parameters.TMDLs typically include one or more numeric 'targets",i.e., numerical translations of the existing water quality standards,which represent attainment of those standards,contemplating the TMDL elements described above.Since a TMDL must represent the "total"load,TMDLs must account for all sources of the relevant pollutants,irrespective of whether the pollutant is discharged to impaired or unimpaired upstream reaches. •Neither TMDLs nor their targets or other components are water quaiity objectives,and thus their establishment does not implicate California Water Code section 13241.Rather,under California Law,TMDLs are programs to implement existing standards (including objectives),and.are thus established pursuant to Water Code section 13242.Moreover,they do not create new bases for direct enforcement against dischargers apart from the existing water quality standards they translate.The targets mereiy establish the bases through which load allocations (LA.s)and waste load allocations (WLA.s)are calculated.WLA.s are only enforced for a discharger's own discharges,and then only in the context of the discharger's National Pollutant Discharge Elimination System (NPDES) permit (or other permit,waiver,or prohibition),which must contain effluent limits consistent with the assumptions and requirements of the WLA.s (40 C.F.R. 122.44(d)(vii)(B)).The Regional Board will develop permit requirements through sUbsequent permit actions that will allow all interested persons,including but not limited to municipal storm water dischargers,to provide comments on how the WLA.s should be translated into permit requirements. i I ! 6.As envisioned by Water Code section 13242,the TMDL contains a 'description of surveillance to be undertaken to determine compliance with objectives."The Compliance Monitoring and Special Studies elements of the TMDL recognize .that monitoring will be necessary to assess the on-going condition of Machado Lake and to assess the on-going effectiveness of efforts by dischargers to reduce nutrient loading to Machado Lake.Special studies may also be appropriate to· provide further information about new data,new or alternative sources,and revised scientific assumptions.The TMDL does not establish the requirements for these monitoring programs or reports,although it does recognize the type of information that will be necessary to secure.·The Regional Board's Executive Officer will issue orders to appropriate entities to develop and to submit monitoring programs and technical reports.The Executive Officer will determine the·scope of these programs and reports,taking into account any legal requirements,and issue the orders hthe appropriate entities. 7.Upon establishmentofTMDLs by the State.or U.S.EPA,the State is required to incorporate the TMDLs into the .State Water Quality Management Plan (40 CFR 130.6(c)(1),130.7).This Water Quality Control Plan for the Los Angeles Region (Basin Plan)and applicable statewide plans serve as the State Water Quality Management Plans governing the watersheds under the jurisdiction of the Regional Board.Attachment A to this resolution contains the Basin Planning language for this TMDL. 6-27 8. Resolution No.ROB-OOB Page 3 Machado Lake is located in the Ken Malloy Harbor Regional Park (KMHRP), which is a 231 acre Los Angeles City Park serving the Wilmington and Harbor City areas.The Park is located west of the Harbor freeway (110)and east of Vermont Street between the Tosco Refinery on the south and the Pacific Coast Highway on the North.The Machado Lake area is approXimately 103.5 acres in total size.The upper portion,which includes the open water area,is approximately 40 acres and the lower wetland portion is about 63.5 acres.This TMDL will address the 40 acre open water lake.Machado Lake is located within the Machado Lake Sub-watershed which is approximately 20 square miles and positioned within the larger 110 square mile Dominguez Channel Watershed. The dominant land use in the Machado Lake Watershed is high density single family residential accounting for approximately 45 %of the land use.Industrial, vacant,retail/commerCial,multi-family residential,transportation,and educational institutions each account for 5-7 %of the land use while "all other'"accounts for the remaining 23 %.Machado Lake is a receiving body of urban and stormwater runoff from a network of storm drains throughout the watershed.Machado Lake is identified on the 1998,2002,and 2006 Clean Water Act 303(d)list of impaired water bodies as impaired due to eutrophic conditions,algae,ammonia,and odors ..The proposed TMDL addresses impairments of water quality caused by these 'constituents and the Implementation Plan is developed to achieve water quality objectives for biostimulatory substances in Machado Lake. g.Eutrophication is increased nutrient loading to a waterbody and the resulting increased growth of biota,phytoplankton and other aquatic plants.'Phosphorus and nitrogen are key nutrients for phytoplankton growth in lakes and are often responsible for the eutrophicatipn of surface waters.The increased nutrient loading is generally from two sources,extemalloading (discharges into the lake) and internal loading (recycling of nutrients within the lake).There are many biological responses to nutrients (nitrogen and phosphorus)in lakes.The biologically available nutrients and light will stimulate phytoplankton and or macrophyte growth.As these plants grow they provide food and habitat for other organisms such as zooplankton and fish.When the aquatic plants die.they will release nutrients (ammonia and phosphorus)back into the water through decomposition.The decomposing of plant material consumes oxygen from the water column;in addition the recycled nutrients are available to stimulate additional plant growth.Physical properties such as light,temperature and wind mixing also play integral roles throughout the pathways described. 10.Excessive nutrient loading,from.either external or intemal process,will lead to excessive phytoplankton and macrophyte growth,which are often considered the primary problems assoCiated with increased nutrient concentrations in lakes. This excessive plant biomass may 'cause increased turbidity,altered planktonic food chains,algal blooms,reduced dissolved oxygen concentrations,and .increased nutrient recycling.These changes can lead to a cascade of biological responses culminating in impaired beneficial uses.Plant growth can lead to increased pH in the lake due to rapid consumption of carbon dioxide.The elevated pH creates a harmful environll)ent for organisms and can increase the concentration of ammonia potentially leading to direct toxicity of fish and other organisms.As these large phytoplankton populations and macrophytes die or break apart the decomposition process will consume oxygen and reduce the 6-28 Resolution No.ROB-006 Page 4 oxygen levels found in the lake.Low dissolved oxygen levels can be stressful for fish and other organisms and may in fact lead to fish kills. 11.Numeric targets for the TMDL are based on the specific narrative and numeric water quality objectives (WQOs)provided in the Basin Plan. 12.The Regional Board's goal in establishing the TMDL for eutrophic,algae, ammonia,and odors in Machaqo Lake is to protect the REC 1,REC 2,'aquatic life (WARM,WILD,RARE,WET)and water supply (MUN)beneficial uses of Machado Lake and to achieve the numeric and narrative water quality objectives set to protect those uses..• 13.Regional Board Staff have prepared a detailed technical document that analyzes and describes the specific necessity and rationale for the development of this TMDL.The technical document entitled "Machado Lake Eutrophic,Algae, Ammonia,and Odors (Nutrient)TMDL"is an Integral part of this Regional Board action and was reviewed,considered,and accepted by the Regional Board before acting.Further,the technical document provides the detailed factual basis and analysis supporting.the problem statement,numeric targets (interpretation of the narrative and numeric water quality objectives,used to calculate the load allocations),source analysis,linkage analysis,waste load allocations (for point sources),load allocations (for nonpoint sources),margin of .safety,and seasonal variations and critical conditions of this TMDL. 14.On November 2,2004,City of Los Angeles voters'approved Proposition 0,a ballot initiative to implement water quality improvement projects within the City of Los Angeles.As part of Proposition 0,concept reports have been developed for the Machado Lake Ecosystem Rehabilitation Project and the Wilmington Drain Multi-use project.Many of the proposed actions under these PropositiOn 0 projects,such as sediment removal and stomn drain inlet upgrades,will improve water quality in Machado Lake.Therefore,the Implementation Plan for the Machado Lake TMDL was designed to coordinate with these Proposition 0 projects in order to realize the best use of public funds.However,the Proposition o projects,currently in the concept stage,may need to be augmented to achieve TMDL numeric targets and eliminate negative eutrophic conditions in Machado Lake.In recognition of the potential need to expand on Proposition 0 projects, the TMDL Implementation Schedule provides adequate time for design and implementation of projects so that they attain TMDL requirements and achieve water quality standards. 15.On May 1,2008,prior to the Board's action on this resOlution,pUblic hearings were conducted on the Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutirent)TMDL.Notice of the hearing for the Machado Lake Nutrient TMDL was.published in accordance with the requirements of Water Code Section 13244.This notice was published in the Los Angeles Times on February 7, 2008. 16.The public has had a reasonable opportunity to participate in the review of the amendment to the Basin Plan.Public Stakeholder meetings were held on March 14,2006,February 21,2007,July 16,2007,September 12,2007,and November 26,2007.A draft of the TMDL was released for public comment on February 7, 6-29 Resolution No.RO&-006 Page 5 2008;a Notice of Hearing and Notice of Filing were published and circulated 45 days preceding Board action;Regionai Board staff responded to oral and written comments received from the public;and the Regional Board held a public hearing on May 1,2008 to consider adoption of the TMDL. 17.In amending the Basin Plan to establish this TMDL,the Regional Board considered the requirements set forth in Sections 13240 and 13242 of the California Water Code.' 18.Because the TMDL implements existing narrative and numeric water quality objectives (i.e.,numeric water quality objectives in the Basin Plan),the Regional ~Board (along with the State Water Resources Control Board)have determined that adopting a TMDL does not require the water boards to consider the factors of Water Code section 13241.The consideration of the Water Code section 13241 factors,by section 13241's express terms,only applies "in establishing water quality objectives...Here the Regionai Board is not establishing water quality objectives,but as required by section 303{d){1 )(C)of the.Clean Water Act is adopting a TMDL that will implement the previously established objectives that have not been achieved.In making this determination,the Regional Board has considered and relied upon a legal memorandum from the Office of Chief Counsel to the State Water Board's basin planning staff detailing why TMDLs cannot be considered water quality objectives.(See Memorandum from the Staff Counsel Michael J.Levy,Office of Chief Counsel,to Ken Harris and Paui Lillebo, Division of Water Quality:The Distinction Between A TMDL's Numeric Targets and Water Quality Standards,dated June 12,2002,) 19.While the Regional Board is not required to consider the factors ofWater Code 'section 13241,it nonetheless has developed and received significant information pertaining to the Water Code section 13241 factors and has considered that information in developing and adopting this TMDL.The past,present,and probable future beneficial uses of water have been considered in that Machado Lakeis designated for a multitude .of beneficial uses in the Basin Plan.The beneficial uses for Machado Lake include aquatic life habitat uses,water contact and non-contad water recreation,and water supply,The environmental characteristics of Machado Lake are spelled out at length in the Basin Plan and in the technical documents supporting this Basin Plan amendment,and have been considered in developing this TMDL.Water quality conditions that reasonably could be achieved through the coordinated control of all factors which affect water quality in the area have been considered.This TMDL provides several compliance options,.including lake'management strategies/lake treatment options that could be implemented directly at the lake and watershed strategies for stormwater 'runoff throughout the watershed to treat and reduce nutrient load ing to the lake.These options prOVide fiexibility for responsible jurisdictions to reduce internal and external nutrient loading to Machado Lake. Establishing a plan that will ensure Machado Lake attains and continues to . maintain water quality standards is a reasonable water quality condition. However,to the extent·that there would be any conflict between the consideration of the factor in Water Code section 13241,subdivision (c),if the consideration were required,and the Ciean Water Act,the Clean Water Act would prevail.Economic considerations were corisidered throughout the development of the TMDL.Some of these economic considerations arise in the 6-30 Resolution No.ROB-006 Page 6 context of Public Resources Code section 21159 and are equally applicable here.The implementation program for this TMDL recognizes the economic limitations on achieving immediate'compliance and allows a flexible implementation schedule of 8.5 years.The need for housing within the region has been considered,but this TMDL is unlikely to affect housing needs. Whatever housing impacts could materialize are ameliorated by the flexible nature of this TMDL and the 8.5 year implementation schedule. 20.The amendment is consistent with the State Antidegradation Policy (State Board .Resolution No.68-16);in that the changes to water quality objectives (i)consider maximum benefits to the people of the state,(ii)will not unreasonably affect • present and anticipated beneficial use of waters,and (iii)will not result in water quality less than that prescribed in policies.Likewise,the amendment is consistent with the federal'Antidegradation Policy (40 CFR 131.12). 21.Pursuant to Public Resources Code section 21080.5,the Resources Agency has approved the Regional Water Boards'basin planning process as a "certified regulatory program"that adequately satisfies the California Environmental Quality Act (CEQA)(Public Resources Code.§21000 et seq.)requirements for preparing environmental documents (14 Cal.Code Regs.§15251 (g);23 Cal. Code Regs.§3782.)The Regional Water Board staff has prepared "substitute environmental documents"for this project that contains the required en'vironmental documentation under the State Water Board's CEQA regulations. (23 Cal.Code Regs.§3777.)The substitute environmental documents include the TMDL staff report entitled "Machado Lake Eutrophic Algae,Ammonia,and Odors (Nutrient)TMDL",the environmental checklist,the comments and responses to comments.the basin plan amendment language,and this resolution.The project itself is the establishment of a TMDL for eutrophic,algae. ammonia,and odors in Machado Lake.While the Regional Board has no discretion to not establish a TMDL (the TMDL ·is required by federal law),the Board does exercise discretion in assigning waste load allocations and load allocations,determining the program of implementation,and setting various milestones in achieving the water quality standards.The CEQA checklist and other portions of the substitute environmental documents contain significant analysis and numerous findings related to impacts and mitigation measures. 22.A CEQA Scoping hearing was conducted on.September 12,2007 at the Regional Board's office -320 West 4 th Street,Suite 200,Los Angeles,California.A notice of the CEQA Scoping hearing was sent to interested parties including cities and/or counties with jUrisdiction 'in or bordering the watershed.The notice of CEQA Scoping hearing was also published in the Los Angeles Daily News on August 1,2007. I I I I I, 23.In preparing the substitute environmental documents,the Regional Board has considered the requirements of Public Resources Code section 21159 and California Code of RegUlations,title 14,section 15187,and intends those documents to serve as a tier 1 environmental review.This analysis is not intended to be an exhaustive analysis of every conceivable impact,but an analysis of the reasonably.foreseeable consequences of the adoption of this' regulation,from a programmatic perspective:Many compliance obligations will be undertaken directly by public agencies that will have their own obligations 6-31 Resolution No.ROll-ODe Page 7 under CEQA.In addition,public agencies including but not'limited to County of Los Angeles,Los Angeles County Flood Control District,Cities of Carson, Lomita,Los Angeles,Palos Verdes Estates,Rancho Palos Verdes,Redondo Beach,Rolling Hills,Rolling Hiils Estates,and Torrance are foreseeably expected to facilitate compliance obligations.The "Lead"agencies for such tier 2 projects,will assure compliance with project-level CEQA analysis of this programmatic prDject.Project level impacts will need to be cDnsidered in any subsequent environmental analysis perfDmned by Dther public agencies,pursuant to Public Resources CDde sectiDn 21159.2. 24.The foreseeable methods of cDmpliance fDr this TMDL entaii constructiDn arid ~operation Df stDrmwater management practices such as filter systems,alum injectiDn system,swales,and biDretention areas.FDreseeable .methDds of cDmpliance alsD include lake management practices,such as hydraulic dredging, aeratiDn systems,alum treatment,and fisheries management. 25.Consistent with·the Regional BDard's substantive Dbligations under CEQA,.the substitute environmental dDcuments do nDt engage in speculatiDn or cDnjecture, and only consider the reasonably fDreseeable environmental impacts,inciuding those relating tD the methDds of cDmpliance,reasDnably foreseeable feasible mitigation measures tD reduce thDse impacts,and the reasDnably fDreseeable alternative means Df cDmpliance,which wDuld aVDid Dr reduce the identified impacts. 26.The propDsed amendment cDuld have a pDtentially significant adverse effect Dn the environment.HDwever,there are feasible alternatives,feasible mitigation measures,or both,that if employed,wDuld substanUally lessen the pDtentially significant adverse impacts identified in the 'substitute environmental dDcuments; hDwever such alternatives or mitigatiDn measures are within the responsibility .and jurisdiction of Dther public agencies,and not the Regional BDard.Water CDde sectiDn 13360 precludes the RegiDnal Board frDm dictating the manner in which responsible agenCies cDmply.with any Df the RegiDnai Board's regulatiDns or Drders.When the agencies respDnsible fDr implementing this TMDL determine hDw they will proceed,the agencies respDnsible for those parts Df the project can and shDuld incDrpDrate such alternatives and mitigatiDn intD any subsequent projects or project approvals.These feasible alternatives and mitigation measures are described in mDre detaii in'the substitute environmental dDcuments.(14 Cal.CDde Regs.§15091(a)(2).) 27.From a program-level perspective,incorpDratiDn Df the alternatives and mitigation measures Dutlined in the substitute environmental documents may not fDrseeably reduce impacts to less than significant ievels. 28.The'substitute dDcuments for this TMDL,and in particular the Environmental Checklist and staffs respDnses tD cDmments,identify brDad mitigation approaches that should be cDnsidered at the project level. 29.'.To the extent significant adverse environmental effects could Dccur,the RegiDnal BDard has balanced the econDmic,legal,sDCial,technDlogical,and other benefits of the TMDL against the unavDidable environmental risks and finds that specific economic,legal,soCial,technDIDgical,and other benefits of the TMDL Dutweigh i I I I I 6-32 .Resolution No.ROB-006 Page B the unavoidable adverse environmental effects,such that those effects are considered acceptable.The basis for this finding.is more fully set forth in the substitute environmental documents.(14 Cal.Code Regs.§15093.) 30.Health and Safety Code section 57004 requires external scientific peer review for certain water quality control policies.Prior to public notice of the draft TMDL,the Regional Board submitted the scientific basis and scientific portions of the Machado·Lake Nutrient TMDL to Dr.Rakesh Gelda and Dr.Paul McGiniey for external scientific peer review.The peer review comment reports were received by the Regional Board on January 7,2008 and January 15,2008.The peer review found that the'proposed TMDL data,modeling analyses,and pollutant allocations were presented in a scientifically credibie manner.Minor" modifications.were made to the scientific portions of the TMDL to address comments identified during the peer review process. .. 31.The regulatory action meets the "Necessity"standard of the Administrative Procedures Act,Government Code,section 11353,subdivision (b).As 'specified above,Federal law and regulations require that TMDLs be incorporated into the water quality management plan.The Regional Board's Basin Plan is the Regional Board's component of the water quality management plan,and the Basin Plan is how the Regional Board takes quasi-legislative,'plannirig actions. Moreover,the TMDL is a program of implementation for existing water quality objectives,and is,therefore,appropiiately a component of the Basin Plan under Water Code section 13242.The necessity of developing a TMDL is established in the TMDL staff report,the section 303(d}list,and the data contained in the administrative record documenting the eutrophic,algae,ammonia,and odors impairments of Machado Lake. 32.The Basin Plan amendment incorporating a TMDL for eutrophic,algae, ammonia,and odors for Machado Lake must be submitted for review and approval by the State Water Resources Control Board (State Board),the State Office of Administrative Law (OAL),and the U.S.EPA.The Basin Plan amendment will become effective upon approval by OAL and U.S.EPA.A Notice of Decision will be filed with the Resources Agency. 33.If during the State Board's approval process Regional Board staff,the SWRCB or State Board staff,or OAL determines that minor,non-substantive modifications to the language of the amendment are needed for clarity or consistency,the Executive Officer should make'such changes consistent with the Regional' Board's intent in adopting this TMDL,and should inform the Board of any such changes. 34.Considering the record as a whole,this Basin Plan amendment will result in no effect,either individually or cumulatively,on wildlife resources. 6-33 Resolution No.R08-006 Page 9 THEREFORE,be it resolved that pursuant to sections 13240 and 13242 of the Water Code,the Regional Board hereby amends the Basin Plan as·follows: 1.The Regional BDard hereby approves and adopts the CEQA substitute environmental documentation,which was prepared in accordance with Public Resources.Code section 21159 and Califomia Code of -Regulations,title 14,section 15187,and directs the Executive Officer to sign the environmental checklist. 2.Pursuant to SectiDns 13240 and 13242 Df the California Water Code,the Regional Board,after cDnsidering the entire record,including oral testimony at the hearing, hereby adopts the amendments tD Chapter 7 of the Water Quality Control Plan for the Los Angeles Region,as set forth in Attachment A hereto,to incorporate the elements of th£;l Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutrient) TMDL. 3.The Executive Officer is directed to forward copies of the Basin Plan amendment to the State Board in accordance with the requirements of section 13245 of the Califomia Water CDde.' 4.The Regional Board requests that the State Board approve the Basin Plan amendment in accordance with the requirements of sections 13245 and 13246 of the California Water Code and fDrward it to OAL and the U.S.EPA. 5.If d\Jring the State BDard's approval process,Regional Board staff,the State Board or GAL detemnines that minor,non-substantive modifications to the language of the amendment are needed for clarity or consistency,the Executive Officer may make such changes,and shall inform the Board of any such changes. 6.The Exel;utive Officer is authorized to request a "No Effect Determination"from the .Department of Fish and Game,or transmit payment of the applicable fee as may be required to the Department of Fish and Game. I,Tracy J.Egoscue,Executive Officer,do hereby certify that the foregoing is a full,true, and correct copy of a resolution adopted by the.California Regional Water ciuality Control Board,Los Angeles Region,on May 1,2008. • i 6-34 Attachment A to Resolution No.R08·006 Amendment to the Water Quality Control Plan -Los Angeles Region to Incorporate the . Total Maximum Daily Load for Eutrophic,Algae,Ammonia,and Odors (Nutrient)in Machado Lake Adopted by the California Regional Water Quality Control Board,Los Angeles Region on May 1,2008 • Amendments Table of Contents Add: Chapter 7.Toial Maximum Daily Loads (TMDLs) 7-29 Machado Lake Nutrient TMDL List of Figures,Tables,and Inserts Add: Chapter 7.Total Maximum Daily Loads (TMDLs) Tables . 7-29 Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutrient)TMDL 7-29.1.Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutrient) TMDL -Elements 7-29.2.Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutrient) TMDL -Implementation Schedule Chapter 7.Total Maximum Daily Loads (TMDLs) .Machado Lake Eutrophic,Algae,Aml)1onia,and Odors (Nutrient)TMDL This TMDL was adopted by: The Regional Water Quality Control Board on May 1,2008. This TMDL was approved by: The State Water Resources Control Board on [Insert date]. The Office of Administrative Law on [Insert date]. The U.S.Environmerital Protection Agency on [Insert date]. This TMDL is effective on [Insert Date] The elements of the TMDL are presented in Table 7-29.1 and the Implementation Plan in Table 7-29.2 - 1 - 6-35 --------------.__.-----_._.-_..-_._------_._--- Attachment A to Resolution No.ROB·OOG Table 7-29.1.Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutrient) TMDL:Elements Excessive loadings of nutrients,in particular nitrogen (Including ammonia)and phosphorus,cause eutrophic effects,including algae and odors,which impair the beneficial uses of Machado Lake.The nutrient enrichment results in high algal productivity;algal blooms have been observed in the lake during summer months.In addition,high nutrient concentrations contribute to excessive 'ind nuisance macrophyte growth.Algae respiration and decay depletes oxygen from the water column creating an adverse aquatic environment.Machado Lake was placed on the Clean Water Act 303{d)list of Impaired waterbodies in 1998,2002, and 2006 for ammonia,algae,odors,and eutrophic. Problem Statement. ~.'..~,_.~_"l~.:-'.-Reguiatory·;Pr~.vi~j9.ns l~"~·.,".""..,--"-._:..,-,)_. Numeric Targets Applicable Water Quality Objectives for this TMDL are narrative objectives for Biostimulatory Substances and Taste and Odor;and numeric objectives for Dissolved Oxygen and Ammonia. The beneficial uses of Machado Lake include beneficial uses associated with recreation (REC 1 and REC 2).aquatic life (WARM,WILD,RARE,and WET)and water supply (MUN). This TMDL addresses the eutrophic,algae,ammonia,and odor listings which impair these uses. The total phosphorus target for Machado Lake is 0.1 mg/L as a monthly average concentration in the water column,which is based upon US EPA Nutrient Criteria Technical Guidarice Manual for Lakes and Reservoirs.A ratio of total nitrogen to total phosphorus of 10 is the basis for the total nitrogen (TKN +N03-N +N02 -N) numeric target of 1.0 mg/L as a monthly average concentration in the water column.The total nitrogen target incorporates all forms .of nitrogen including TKN,which is the sum.of organic nitrogen and ammonia nitrogen,nitrate nitrogen (N03-N),and nitrite nitrogen (NO,-N).The total ilitrogen target expressed as a monthly average is protective of chronic aquatic life exposure for ammonia. There is a separate numeric target for ammonia of 5.95 mg/L as an hourly average to be protective of acute aquatic life exposure.The chlorophyll a target is 20 ug/L based on EPA guidance and the Carlson Trophic Status Index.The dissolved oxygen target is a single sample concentration of no less than 5 mg/L measured at 0.3 meter above the sediments based on the Basin Plan objective. The following table provides the numeric targets for the Machado Lake TMDL. -2- 6-36 Attachment A to Resolution No.ROB·006 Regu)ali:>';Y Pf~~i.sions.'.,.:..,.~,.~ '.., .....". '.'.~ Total Phosphorus Total Nitrogen (TKN +NOs·N +N02 -N) Ammonia-N Ammonia-N Dissolved Oxygen Chlorophyll a 0.1 mglL monthly averaoe 1.0 mglL monthly average 5.95 mg/L one-hour averaoe 2.15 mglL 30 day averaoe 5 mglL single sample minimum measured 0.3 meter above the sediments. 20 ~g/L monthly average Source Analysis Linkage Analysis Waste Load Allocations The point sources of nutrients into Machado Lake are stormwater discharges from the municipal separate storm sewer system (MS4),California Department of Transportation (Caltrans),and general construction and industrial discharges. Stormwater discharges to Machado Lake occur through the following subdrainage systems:Drain 553,Wilmington Drain,Project 77/510,and Waite ria Lake.Discharges from Walteria Lake and Drain 553 are tributary to the Wilmington Drain,which then directly discharges in the northern portion of. Machado Lake.Approximately,88 %of the discharge into the lake enters through the Wilmington Drain. The major nonpoint source of nutrients to Machado Lake is internal nutrient loading (nutrient flux from sediments).Atmospheric deposition is also a nonpoint source of total nitrogen.Nutrient loads from wind res us pension,bioturbation, birds,and general surface runoff are minor sources.Special stuaies may be conducted to further evaluate sources. The linkage analysis focuses on the relationship between the nutrient loading to the lake and the numeric targets established to measure attainment of beneficial uses.The Nutrient Numeric Endpoints BATHTUB Spreadsheet Model,which was developed by Tetra Tech for US EPA,was used to establish the linkage between nutrient loading to Machado Lake and the predicted water quality response.The model performs water ..and nutrient balance calculations under steady-state conditions.Eutrophication related water quality conditions are expressed in terms of total phosphorus,ortho-phosphourus,total nitrogen, inorganic nitrogen,chlorophyll a,transparency (Secchi depth),and hypolimnelic oxygen depletion rates.The linkage analysis demonstrates that assigning waste load and ioad allocations for total nitrogen and total phosphorus will address eutrophication related water quality conditions. Waste load.allocations are assigned to urban stormwater dischargers (MS4, Caltrans,general construction and general industrial)in both wet and dry weather.The final waste load allocations are assigned as concentration based allocations of 0.1 mg/L and 1.0 mg/L as monthly averages for tolal phosphorus and total nitrooen rrKN +NO"N +N02 ~N),resoectivelv. ·3· 6-37 Attachment A to Resolution No.R08·00G Interim WLAs are based on current in-lake concentrations.The effective date interim total nitrogen and total phosphorus waste load allocations are set as the 95lh percentile of current concentrations in the Jake.The 5 year interim total nitrogen WLAs are established as a 30 percent reduction from current in-lake concentrations.Concentration-based interim and final WLAs will be included in stormwater permits in accordance with NPDES guidance and requirements.The tables below present the interim and final waste load allocations for the stormwater discharges. • MS4 Permittees Caltrans,General Construction and Industrial slorrnwaler permits 0.1 1.0 1.Municipal Separate Storm Sewer System (MS4)Permittees that are responsible for discharges 10 Machado Lake include:Los Angeles County,Los Angeles County Flood Control District,and the Cities of Carson.Lomita,Los Angeles,Palos Verdes Estates,Rancho Palos Verdes,Redondo Beach,Roiling Hilts,Roiling Hills Estates,and Torrance. 1.25 3.50 MS4 Permittees, Caltrans, General 1.25 2.45 Construction and Industrial Stormwater 9.5permits(Final WLAs')0.10 1.00 1 The compliance point for all effective date interim WLAs Is measured in the lake . .2 The compliance point for all year 5 interim WLAs is measured as specified in Implementation Plan Section II of Table 7-29.1 . J The comptiance point for all final WLAs is measured as specified in Implementation Plan Section ti of Table 7-29-.1 . -4- 6-38 Load Allocations Attachment A to Resolution No.Roe·006 ..Rllgulatory Provisions ..r.-...:.'., Load allocations are assigned for rionpoint source discharges to the lake, primarily internal loading from the lake.The final .Ioad allocations for internal loading are concentration based allocations of 0.1 mg/L and 1.0 mg/L as monthly averages for total phosphorus and total nitrogen (TKN +N03-N +NO,-N), respectively.Concentration based load allocations are appropriate and can be evaluated by monitoring the nutrient concentrations in the water column. Interim LAs are based on current in-lake concentration·s.The effective date interim total nitrogen and phosphorus load allocations are set at the 95 th percentile of current concentrations in the lake.The 5 year interim total nitro(1en LAs are established as a 30 percent reduction from current in-lake concentrations.The tables below present the final and interim load allocations for the non point sources. f·\.:?~~·(o;~1t~~li~6i.ti6nt ,f}~.tt;f'11 '~'~'~i~~':~"i/~:i'j ·F~'Z;:~~~~~~~~i~~?~~~~?~~r~:j~* .::;~~'...:.::':';~:~:J_:~~.:-'.~'~if ~~"L:':'~~~:i.~M~~~g~~~~~;:~l~:~~~1-tL~&~1~~..~~1tjP~ ~~:Jt jfi~~i:;~fi~f~:iji~~Ir.~tij~~dt~i~'~1~~t: internal Nutrient Load (City of Los Angeles Department of Recreation 0.1 1.0 and Parks) I j I I I Margin of Safety Internal Nutrient .1.25 3.50 Load (City of Los Angeles 1.25 2.45 Department of Recreation and 9.5 (Final LAs)0.10 1.00Parks) The uncertainties associated with this TMDL are due to limited data from the storrndrains entering the lake and the inherent seasonal and annual variability in delivery of phosphorus and nitrogen for external sources and nutrient cycling within the lake.To address these uncertainties,conservative numeric targets were seiected by establishing the targets under a critical lake voiume.likeWise, the waste load and load allocations are based on a constant value for internal loading.Moreover,the lake conditions under which the load capacity was develo ed were based on d weather critical conditions when the lake level is -5- 6-39 reduced and therefore loading capacity is reduced.These conservative approaches provide an imolicit marain of safety. Attachment A to Resolution No.ROB·006 -'..~egl:llatbrY PrqitiMoWs:-.-.'.._.-.~-._..."""... ~.- Seasonal Variations and Critical Conditions Special Studies and Monitoring Plan The external nutrient loading to Machado Lake generally occurs during winter and spring months,in conjunction with stonn events.During the dry season the lake receives minimal external loading.In the summer there is the release of nutrients from the sediments.At the same time there is very little water inflow and a decreased lake levei due to ·evaporation.These seasonal variations cause increased nutrient concentrations.Moreover,the reduced lake volume during the summer months provides less assimilative capacity.The critical condition for the attainment of beneficial uses at Machado Lake occurs during the summer months.Also,the critical conditions for dissolved oxygen impainnents related to algae growth are during the warm dry summer months when algal respiration is highest.The Machado Lake nutrient TMDL accounts for seasonal and critical conditions of the summer months by assigning a load allocation to Hie lake sediments and requiring a reduction in this source of nutrients to the lake,and by assigning WLAs to urban stonnwater dischargers year-round. Special Studies Additional monitoring and special studies may be undertaken by dischargers and responsible agencies to evaiuate the uncertainties and assumptions made in the development of this TMDL.(The results of special studies may be used to reevaluate waste load allocations and load allocations when the Machado Lake Nutrient TMDL is reconsidered.) Optional Study #1:Core flux study to estimate the nutrient flux from sediments under equilibrium conditions.Results from this study would be beneficial to gauge the success of implementation measures such as aeration.' Optional Study #2:A study.to understand factors such as nitrogen and phosphonus sedimentation rates (particulate settling velocities),the overall lake sedimentation rate,and sediment resuspension rate.These factors would be important for a Machado Lake nutrient bUdget and gauging the potential need for periodic hydraUlic dredging. Optional Study #3:A work plan for permittees to assess compliance with TMDL WLAs on a mass basis for total nitrogen and total phosphorous.The work plan should detail testing methodologies,BMPs,and treatments to be implemented to attain and demonstrate a reduction of total nitrogen and phosphorous loading on a mass basis.A final report including the.results shall be submitted to the Regional Board for Executive Officer approval. Additional speQial studies proposed by stakeholders are optional and will be considered at the·7.5 year TMDL reconsideration.All proposed special stUdy work plans and documents shall be submitted to the Regional Board for Executive Officer approval prior to special studies being initiated. -6- 6-40 ----.._----_.. Attachment A to Resolution No.ROB-DOG . .I ".' Monitoring Plan .t.•;.~,•...;.;""••.'".!..'.'. Regulatol)'P,r:o.visions.' ••.,.~~-'"l .'.'-.\.... .. ',...-..\.~ A Monitoring and Reporting Program (MRP)plan to assess compliance with LAs and WLAs measured in lake must be submitted to the Executive Officer for approval within one year of the effective date.Monitoring will begin 60 days after the Executive Officer has approved the monitoring plan.- This 'MRP plan wili be required as part of the Lake Water Quality Management Plan as discussed in the Implementation Section... The MRP plan will be designed to monitor and implement this TMDL.The monitoring plan is required to measure the progress of poliutant load reductions and improvements in water quality.The monitoring plan shall •Dete'rmine attainment of total phosphorus,total nitrogen,ammonia,dissolved oxygen,and chlorophyli a numeric targets. •Determine compliance with the waste load and load allocations for total phosphorus,and total nitrogen. •Monitor the effect of implementation actions on lake water'quality Responsible jurisdictions shall be required to begin monitoring sixty days 'after the Executive Officer approves the MRP.Field samples and water samples shall be collected bi-weekly on a year-round basis.The iake sampling sites will be located in the open water portion of the lake with one in the northem portion .and one in the southem portion of the lake.In situ measurements of water quality shall be made.. The water quality probes will be calibrated immediately prior to departure to the field against known pH,EC,and DO solutions.Secchi depth,a measurement of transparency,will also be measured with a standard Secchi disk or other approved method.Additionaliy,a staff gauge shall be placed .in an appropriate location at the lake to measure changes in la!<e elevation. The monitoring plan shali consider stratification for the coliection of water samples.Water samples shali be analyzed for constituents including but not limited to the foliowing. •Total nitrogen •Total phosphorus •Nitrate (N03·N) •Total ammonia (NH 3-N) •Ortho-phosphorus (P04) •Total Dissolved Solids •Total Suspended Solids •Chlorophyli a •Turbidity -7- 6-41 Attachment A to Resolution No.Roa·OOG tMDLEi~lJle!:1t -..:R§4U:1;~t9~:p~~~i\iion~::',-.',,t .".:,..,,,:'c - ".:"::"......... Detection limits shall be less than the numeric targets in this TMDL.A monitoring report shall be prepared and submitted to the Regional Board annually within six months after the completion of the final sampling event of the year. If an alternative WLA compliance option is selected,an appropriate separate TMDL compliance MRP Plan and TMDL Implementation Plan must be submitted for Executive Officer approval.Annual monitoring reports demonstra~ng Compliance or non-compliance with WLAs shall be submitted for Executive Officer approval. All compliance monitoring must be conducted in conjunction with a Regional .Board approved Quality Assurance Project Plan (QAPP).The OAPP shall include protocols for sample collection,standard analytical procedures,and laboratory certification. -a- I I I 6-42 _..,"',, ,'...', TMDL Element."-,'"'... Implementation Plan Attachment A to Resolution No.ROB·006 Regiilafory piovf5ici~s • ••~1 ••.;; Compliance with the TMDL is based on the assigned WLAs and LAs. Compliance with this TMDL will require the implementation of NPDES stormwater permit limits and lake management activities to reduce nutrient loading to the lake,reduce nutrient concentrations in the lake,prevent excessive algal biomass growth,and maintain an adequate dissolved oxygen concentration.Table 7-29.2 contains a schedule for responsible jurisdictions to implement BMPs and a Lake Water Quality Management Plan to comply with the TMDL. I.Implementation and Determination of Compliance with LAs Compliance with the LAs will be measured in the lake and will be achieved through a combination of implementation of lake management projects and BMPs to reduce external and intemal nutrient loading to the lake and to reduce and manage internal nutrient sources. Load allocations will be implemented through the following: (1)Memorandum of Agreement (MOA),or (2)Clean Up and Abatement Order or Other Regulatory Order The responsible jurisdictions for the,load allocations shall be allowed one year from the effective date of this TMDL to enter into a Memorandum of Agreement (MOA)with the Executive Officer,detailing the voluntary efforts that will 'be undertaken to attain the load allocations.The MOA shall comply with the Water Quality Control Policy for Addressing Impaired Waters:Regulatory Structure and Options ("Policy"),.including part II,section 2 c ii and related provisions,and shall be consistent the requirements of this TMDL.If the MOA is timely adopted,and so long as it is implemented,the program described in the MOA shall be deemed "certified",pursuant to the Policy,subject to the conditions of Policy section 2 e. The MOA shall include development of a Lake Water Quality Management Plan (LWQMP),must be approved by the Executive Officer,and may be amended with Executive Officer approval,as necessary.If a MOA is not established with responsible jurisdictions within one year or if responsible jurisdictions do not comply with the terrris of the MOA,a cleanup and abatement order pursuant to Water Code section 13304,or another appropriate regulatory order,shall be issued to implement the load allocations,' Furthermore,the implementation of the MOA must result in attainment of the TMDL load allocations.If the MOA and LWQMP are not implemented or otherwise do not result in attainment of load allocations,the certification shall be revoked,the MOA rescinded,and the load allocations shall be implemented through a cleanup and abatement order,or other order,as described above. Implementation of the MOA shall be reviewed annually by the Executive Officer as part of the Monitoring and Reporting Program (MRP)annual reports. To the satisfaction of the Executive Officer the LWQMP shall meet.the follOWing criteria: -9- 6-43 ,.-.,........~ TMP~·E!el11e~t,,~~,,- .;..: Attachment A to Resolution No.R08·006 •One and one half years from the effective date of the TMDL responsible jurisdictions shall submit a LWQMP,MRP Plan and OAPP for approval by the Executive Officer. •The LWQMP shall include a list of cooperating parties. •The LWQMP shall address appropriate water quality monitoring and a timeline for the implementation of management practices to reduce and manage nutrient loading to the .Iake.The timeline shall ensure that the implementation actions are underway prior to Regional.Board reconsideration of the TMDL:The LWQMP shall present a comprehensive management plan and s,lrategy for achieving the LAs at Machado Lake and attaining numeric targets and beneficial uses.The LWQMP shall include a schedule for implementation actions. •The LWQMP shall achieve compliance with the load allocations through the implementation of lake management strategies to reduce and manage internal nutrient sources.The lake management implementation actions may include,but are not limited to the folloWing: •Wetland restoration •Aeration system •Hydraulic Lake dredging •Hydroponic Islands •Alum treatment •Fisheries Management •Macrophyte Management and Harvesting •Maintain Lake Level-Supplemental Water •The LWQMP shall include a MRP Plan.The MRP shall include a requirement that the responsible jurisdictions report compliance and non- compliance with load allocations as part of annual reports submitted to the Regional Board.Compliance with the load allocations shall be measured in the lake at two locations,one in the north portion and one in the south. The average of these two sampling locations shall determine compliance with the load allocations.MRP protocols may be based on Surface Water Ambient Monitoring Program (SWAMP)protocols for water quality monitoring or alternative protocols proposed by dischargers and approved by the Executive Officer. • A QAPP shall also be submitted to the Regional Board for approval by the Executive Officer to ensure data quality.The QAPP shall include protocols for sample collection,standard analytical procedures,and laboratory certification.The QAPP may be based on SWAMP protocols for water quality monitoring and quality assurance or alternative protocols proposed by dischargers and approved by the Executive Officer. •10 - 6-44 :TMDL..Elllment '1,'.",. Attachment A to Resolution No.R08·006 ",.-~~..".. I Regulatc>iY!,rpvi~ions :" •The MOA and LWQMP program shall include assurances that it,will be implemented by the responsible jurisdiction. •Implementation of the LWQMP program should in<::lude a Health and Safety Plan to protect personnel. The Executive Officer may require a revised assessment under the MOA and LWQMP: •(a)To prevent nutrients from accumulating or recycling in the lake in deleterious amounts that impair water quality,contribute to negative eutrophic conditions or adversely affect beneficial uses;. (b)To reflect the results of nutrient assessment or special studies Cleanup and Abatement Order or Other Regulatory Order: Alternatively,responsible jurisdictions may propose,or the Regional Board may impose,an alternative program which would be implemented through a cleanup and abatement order,or any·other appropriate order or orders,proVided the program is consistent with the allocations,reductions,and schedule described in Table 7-29.2. •:.Determination of Compliance with Interim LAs Responsible parties shall comply with numeric interim LAs or may be deemed in compliance with the interim LAs through implementation of lake sediment removal and/or lake management implementation actions in accordance with the LWQMP schedule as approved by the Regional Board Executive Officer. II.Implementation and Determination of Compliance with WLAs WLAs will be incorporated into NPDES stormwater permits. Stormwater permittees may be deemed in compliance with waste load allocations by actively participating in a LWQMP and attaining the waste load allocations for Machado Lake.Stormwater permittees and the responsible party for the lake may work together to implement the LWQMP and reduce external nutrient loading to attain the TMDL waste load allocations measured in the lake. Alternatively,MS4 Permittees may be deemed in compliance with waste load allocations by dem·onstrating reduction of total nitrogen and total phosphorous on an annual mass basis measured at the stormdrain outfall.of the permittee's drainage area.The annual mass based allocation shall be equal to a monthly average concentration of 0.1 mg/L TP and 1.0 mg/L TN based on approved flow conditions.Permittees must demonstrate total nitrogen and total phosphorous load reductions to be achieved in accordance with a special·study workplan approved by the Executive Officer. Compliance mav also be demonstrated as concentration based monthlv averages -11 - .l i ! I I 6-45 Attachment A to Resolution No.ROS-006 for TP and TN measured at the stormdrain outfall of the permittee's drainage area. MS4 Permittees shall be required to develop and implement a MRP plan and TMDL Implementation Plan.The MRP plan shall include a requirement that the responsible jurisdictions report compliance and non-compliance with waste load allocations as part of annual reports submitted to the Regional Board. -:.Determination of Compliance with Interim WLAs Responsible parties may comply with the numeric interim WLAs or may be deemed in compliance with the interim WLAs through implementation of external nutrient source reduction projects in accordance with the TMDL Implementation Plan schedule as approved by the Regional Board Executive Officer. The Regional Board may revise these WLAs and the compliance point based on the collection of additional information developed through special studies or monitoring conducted as part of this TMDL The Regional Board will reconsider the TMDL at 7.5 years from the effective date based on water quality monitoring and special studies. -12- 6-46 Attachment A to Resolution No.ROS·OOS TIViOL:Eleme~t .-.....{..-<." .;<·~~giJlatoJY;~rovisio.l11i\"c.'..:..'..-....'.....-.-.....".-. III.APPLICATION OF ALLOCATIONS TO RESPONSIBLE JURISDICTIONS Responsible jurisdictions to attain WLAs for this TMDL include but are not limited to: •Caltrans •General Stormwater Permit Enrollees •MS4 Permittees including: ~Los Angeles County ~ ~Los Angeles County Flood Control District ~Cities of Carson, ~City of Lomita, ~City of Los Angeles, ~City of Palos Verdes Estates, ~City of Rancho Palos Verdes, »City of Redondo Beach, ~City of Rolling Hills, ~City of Rolling Hills Estates, ~City of Torrance. The City of Los Angeles,Department of Recreation and Parks is responsible jurisdiction to implement the assigned Load Allocations for this TMDL. - " .". -13- 6-47 Attachment A to Resolution No.R08·006 Table 7-29.2 Machado lake Eutrophic,Algae,Ammonia,and Odors (Nutrient) TMOl:Implementation Schedule .&~<i!§:.~~~,;t.~~:;'.:{,l~fi.~7~'"';"J'ii.;:""~e~{~~"'1~;;Ijr~1m;:R:~~R-g!!_~\iif~~~~J:jf.~f,"jIj"·'"o-·'c e'F ',~i",:;,.:",~.,",.,.§f.a~li!;".,cJ!~''''\<iii!filii {1t'W<i\i¥."ii"'i5'~CFli'...~-l",~atl!'A'b"!:i\:i'-~~.rT,l ..eJ:.'!.~'b:f~~."~._':'.:)1".·;':k~l,!;;·::-2.Ji:.iE~:1~"!:~-:._;!•.~'r....Jf:n.r=:...ur;t~.I~..:h~J§·!~.:-!::=trm1.'f:.l'l'1f'i'!!l 1 Effective date interim waste load (WLA)Califomia Department Effective Date and load allocations (LA)for total of Transportation ofTMDL nitrogen and total phosphorus apply.(Caltrans),Municipal Separate Storm Sewer System Permittees' (MS4 Permittees).City •of Los Angeles - Department of Recreation and Parks 2 Responsible jurisdictions shall enter Into City of Los Angeles - 1 year from a Memorandum of Agreement (MOA)Department of effective date of with the Regional Board to implement .Recreation and Parks TMDL the load allocations. 3 Regional Board staff shall begin Regional Board Staff 1 yearfrom development of a Clean Up and effective date of Abatement Order or other regulatory TMDL order to implement the load allocations if an MOA is not established with responsible iurisdlctions. 4 Clean Up and Abatement Order or other Regional Board Staff 1.5 years from regulatory order adopted by the effective date of Regional Board If an MOA is not TMDL established with responsible jurisdictions.The Clean Up and Abatement Order or other regulatory order shall reflect the TMDL Implementation Schedule. 5 Responsible jurisdictions whose Caltrans,MS4 One year from compliance is determined as Permittees effective date of :concentration bas~d WLAs measured at TMDL end of pipe shall submit a Monitoring and Reporting Program (MRP)Plan to the Executive Officer for aoorol/a!. 6 Responsible jurisdictions shall submit a City of Los Angeles -1.5 years from Lake Water Quality Management Plan.Department of effective date of MRP Plan and Quality Assurance Recreation and Parks TMDL Project Plan for approval by the Executive Officer to complv with MOA. 1 Responsible jurisdictions shall submit a Caltrans,MS4 One year from work plan for optional special study #3 Permittees effective date of (if responsible jurisdictions choose to TMDL conduct this special study)for approval bv the Executive Officer. •Municipal Separate Storm Sewer System {MS4}Permittees that are responsible for dis·charges to Machado Lake include:Los Angeles County.Los Angeles County Flood Control District.and the Cities of Carson,Lomita,Los Angeles,Palos Verdes Estates,Rancho Palos Verdes, Redondo Beach,Rolling Hills,Rolling Hills Estates,and Torrance. -14" I I I ! 6-48 8 Attachment A to Resolution No.ROB-006 Responsible jurisdictions shall submit work plans for optional special studies #1 and #2 (if·responsible jUrisdictions choose to conduct special studies)for approval by the Executive Officer. 1.5 years from effective date of TMDL 9 10 11 12 13 14 15 Responsible jurisdictions shall begin monitoring as outlined In the approved MRP plan.. Responsible jurisdictions shall begin implementation of Lake Water Quality Management Plan. Responsible jurisdictions whose compliance is determined as concentration based WLAs measured at end of pipe shall submit a TMDL Implementation Plari including BMPs to address discharaes from storm drains. Responsible jurisdictions whose compliance is determined as concentration based WLAs measured at end of pipe shall begin implementation of BMPs to address discharges from stormdrains Responsible jurisdictions shall submit annual monitoring reports.The monitoring reports shall include a requirement that the responsible jurisdictions demonstrate compliance with the MOA.If the MOA and Lake Water Quality Management Plan are not implemented or otherwise do not· result in attainment of load allocations,the Regional Board shall revoke the MOA and the load allocations shall be implemented through a Clean Up and Abatement Order or other reaulatorv order. Responsible jurisdictions whose compliance is determined as concentration based WLAs measured at end of pipe shall submit annual monitorino reoorts. Optional Special Study #3 completed and final report submitted for Executive Officer approval. •15 - Caltrans,MS4 Permittees,City of Los Angeles -Department of Recreation and Parks City of Los Angeles - Department of Recreation and Parks Caltrans, MS4 Permittees Caltrans, MS4 Permittees City of Los Angeles - Department of Recreation and Parks· Caltrans, MS4 Permittees Caltrans,MS4 Permittees Sixty days from date of MRP Plan approval • Sixty days from date of Lake Water Quality .Management Plan approval Two years from effective date of TMDL Sixty days from date of Implementation Plan approval Annually -from date of Lake Water Quality Management Plan approval Annually -from date of MPR Plan approval· Within 2.5 years of effective date of TMDL I I I .j 6-49 Attachment A to Resolution No.R08·006 .. 16 17 18 19 20 21 22 23 Responsible jurisdictions shall submit a MRP Plan and TMDL Implementation Plan for the alternative mass based WLA compliance option (if selected),to the Executive Officer for approval. Responsible jurisdictions shall begin· monitoring and implementing projects/programs as outlined in the approved MRP and TMDL Implementation Plan for the alternative mass based WLA compliance option. Responsible jurisdictions whose compliance is determined as mass based WLAs measured at end of pipe shall submit annual monitorino reoorts. Optional Special Studies completed and Special Study final reports submitted for Executive Officer approval. Regional Board staff and responsible jurisdictions will present an Information Item to the Regional Board on the. progress of TMDL implementation efforts and compliance with implementation schedules. 5 Year interim total nitrogen WLA and LA apply. Regional Board will reconsider the TMDL to include results of optional special studies and water quality monitoring data completed by the responsible jurisdictions and revise numeric targets,WLAs,LAs,and the implementation schedule as needed. Responsible jurisdictions shall achieve Final WLAs and LAs for total nitrogen (including ammonia)and total phosphorus and demonstrate attainment of numeric targets for total nitrogen,ammonia,total phosphorus, dissolved oxygen,and chlorophyll a. Responsible parties shall demonstrate attainment of water quality standards for total nitrogen,ammonia,total phosphorus,dissolved oxygen,and biostimulatory substances in accordance with federai regulations and state policv on water ouality control. -16- Caltrans,MS4 Permittees Caltrans,MS4 Permittees Caltrans,MS4 Permittees Caltrans,MS4 Permittees.City of Las Angeles -Department of Recreation and Parks Regional Board staff and responsible jurisdictions Caltrans,MS4 permittees,City of Los Angeles -Department Recreation and Parks Regional Board Caltrans,MS4 Permittees,City of Los AngE!les -Department of Recreation and Parks Sixty days from date of MRP/ Implementation Plan approval • Annually -from date of MPR/ Implementation Plan aooroval Within 6 years of effective date ofTMDL 4 years from effective date of TMDL Within 5 years of effective date ofTMDL 7.5 years from effective date of TMDL Within 9.5 years of effective date of TMDL 6-50 STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO.2008·0089 APPROVING AN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE LOS ANGELES REGION (BASIN PLAN)TO INCORPORATE A TOTAL MAXIMUM DAILY LOAD FOR EUTROPHIC.ALGAE,AMMONIA,AND ODORS (NUTRIENTS)IN MACHADO LAKE WHEREAS: •1.On May 1,2008,the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board)adopted Resolution No.R08-006 amending the Basin Plan to incorporate a total maximum daily load (TMDL)for eutrophic,algae,ammonia,and odors (collectively referred to as "nutrients")in Machado Lake. 2.The TMDL for nutrients in Machado Lake is designed to protect the municipal water supply, aquatic life habitat,water contact recreation,and non-contact water recreation beneficial uses of Machado Lake and to achieve the numeric and narrative water quality objectives set to protect those uses. 3.The Los Angeles Water Board found that the analysis contained in the Final Project Report, the California Environmental Quality Act (CEQA)"Substitute Document"for the proposed Basin Plan amendment,including the CEQA Checklist,the staff report,and the responses to comments prepared by Los Angeles Water Board staff and Resolution R08-006 adopted by the Los Angeles Water Board complies with the requirements of the State Water Resources Control Board's (State Water Board's)certified regulatory CEQA process,as set forth in the California Code of Regulations,Title 23,section 3775 et seq. 4.The State Water Board finds that in amending the Basin Plan to establish this TMDL,the Los Angeles Water Board complied with the requirements set forth in sections 13240 and 13242 of the California Water Code.The State Water Board also finds that the TMDL is consistent with the requirements of federal Clean Water Act section 303(d). 5.The Los Angeles Water Board found that adoption of this amendment would result in no adverse effect on wildlife,and the amendment would be consistent with the State Antidegradation Policy (State Water Board Resolution No.68-16)and federal antidegradation requirements. 6.The Los Angeles Water Board established a loading capacity,based on the numeric and narrative water quality objectives provided in the Basin Plan.Compliance with this load will be based on a 9.5 year implementation schedule. 7.A Basin Plan amendment does not become effective until approved by the State Water Board and unlii the regulatory provisions are approved by the Office of Administrative Law (OAL).The TMDL must also be approved by the U.S.Environmentai Protection Agency (U.S.EPA). 6-51 THEREFORE BE IT RESOLVED THAT: The State Water Board: 1.Approves the amendment to the Basin Plan adopted under Los Angeles Water Board Resolution No.R08-006. 2.Authorizes the Executive Director or designee to submit the amendment adopted under Los Angeles Water Board Resolution No.R08-006 to OAL for approval of the regulatory provisions and to U.S.EPA for approval of the TMDL. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full,true,and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on December 2,2008. • AYE: NAY: ABSENT: ABSTAIN: Chair Tam M.Doduc Vice Chair Gary Wolff,P.E.,Ph.D Arthur G.Baggett,Jr. Charles R.Hoppin Frances Spivy-Weber None None None 2 6-52 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco,CA 94105·3901 Ms.Dorothy Rice Executive Director State Water Resources Control Board P.O.Box 100 Sacramento,CA 95812-0100 Dear Ms.Rice: Thank you for submitting the Basin Plan amendment containing total maximum daily loads (TMDLs)to address nutrients in Machado Lake in Los Angeles.The TMDL submittal was dated December 23,2008 and supplemental information was provided on March 3,2009.The State adopted total nitrogen and total phosphorus TMDLs to address ammonia,algae,odors,and eutrophic conditions identified on California's 2006 Clean Water Act Section 303(d)list. Based on EPA's review of the TMDL submittals under Clean Water Act Section 303(d)(2),J have concluded the TMDLs adequately address the pollutants of concern and,upon implementation,will result in attainment of applicable water quality standards.These TMDLs include waste load and load allocations as needed,take into consideration seasonal variations and critical conditions,and provide an adequate margin of safety.The State provided sufficient' opportunities for public review and comment on the TMDLs and demonstrated how public comments were considered in the final TMDLs.All required elements are adequately addressed; therefore,the TMDLs are hereby approved pursuant to Clean Water Act Section 303(d)(2). The State's submittal also contains a detailed plan for implementing these TMDLs. Current federal regulations do not define TMDLs as containing implementation plans;therefore, EPA is not taking action on the implementation plan provided with the TMDLs.However,EPA generally concurs with the State's proposed implementation approaches. The enclosed review discusses the basis lor this decision in greater detail.I appreciate the State and Regional Boards'work to adopt these TMDLs and look forward to our continuing partnership in TMDL development.If you have questions concerning this approval,please call me at (415)972-3572 or Peter Kozelka at (415)972-3448. Sincerely yours, ~fA/r7 /I A~v/'1.009 Alexis Strauss Director,Water Division Enclosure cc:T.Egoscue,Los Angeles RWQCB Pdflf~d 0"R~CJcI~d Paper6-53 TMDL Review Checklist State:California Waterbodics:Machado Lake Pollutant(s):Total Phosphorus,Total Nitrogen (including ammonia) Date of Initial Submittal:Deccmber 23,2008 Date Received By EPA:December 29,2008 Dates of Supplcmental Submittal{s)and Receipt by EPA:March 3,2009 EPA Reviewer:Valentina Cabret'a-Stagno I.Submittal Leiter:Slale s/lbmillalleller indicales final TMDL(s)for .pecific waler(s)lpall/llant(s)were adopled by slate and snbmilled 10 EPAfar approval under 303(d). Submittalletler from Elizabeth Haven to Alexis Strauss,dated December 23,2008.State submittal was completed March 3,2009.The Los Angeles Regional Water Quality Control Board (RWQCB)adopted the TMDLs to address ammonia,algae,odors and eutrophic [conditions]impainnents at Machado Lake on May 1,2008 (R WQCB Resolution #R4-2008-006).The submittal addresses ammonia,algae, odors, and eutrophic [conditions]impairments identified on the State's 1998,2002 and 2006 Clean Water Act Section 303(d)lists.The State Water Resources Control Board (SWRCB)approved these TMDLs on December 2,2008 (SWRCB Resolution #2008-0089).The State Office of Administrative Law (OAL) approved these TMDLs on February 19,2009 (OAL File #2009-0 I06-0 I S).The submittal package contained the final Regional Board adopted Resolution,final State Board adopted Resolution,OAL approval,final Technical Staff Report and Responses to comments. 2.TMDLs Included:The s/lhmillal clearly idenlifies Ihe waleI'segments and pollulants or slressorsfar which TMDLs were developed.The s"bmillal slIQuld inch/de Ihe waler segmenl idenlifier (e.g.,NHD code)for each segmenl addressed.The submillal should clearly idenlifj'Ihe TMDLs adopledfor curremly 303(d)lisled IVaterhody-pollutant combinalions.II should also c1arifj'ifTMDLs were adopled for new impairment./indings (by walerbody-pollulanl combinalions)Ihal do not exisl onlhe current 303(d lisl.Ifappropriale,Ihe submillal should describe any assessment decisions Ihal may have resulled in nun-impairmenl slal/ls fur waler/pull/llanl cumbinaliollS Ihal exisl un Slale 's musl currenl 303(d)lisl. These Machado Lake TMDLs were adopted to address the following impairments identified on the state's 1998,2002 and 2006 303d lists: •Ammonia •Algae •Odors •Eutrophic [conditions] These TMDLs address all the water body-polllllant combinations identified in Analytical Unit #76 of the Heallhe Bay consent decree. 6-54 3.Water Quality Standards Attainment:TMDL and associated al/ocations are set at levels adequate to result in allaill1nent ofapplicable water quality standards. (See Staff Report,dated May 1,2008,pp.24-27) The Staff Report identified designated beneficial uses for recreation (RECI and REC2),aquatic life (WARM,WILD,RARE,and WET)and water supply (MUN)for Machado Lake.The TMDLs are designed to protect these beneficial uses and implement the existing narrative water quality objectives for biostimulatory substances and taste and odor as well as the numeric water quality objectives for dissolved oxygen and ammonia.Machado Lake is identified as impaired by ammonia,algae,odors and eutrophic [conditions]on the state's 1998,2002 and 2006 303d lists.• The State reasonably concluded that the specified load and wasteload allocations will lead to attainment of the applicable water quality objectives. 4.Numeric Target(s):Submillal describes applicable water quality standards.including beneficial uses. applicable numeric and/or narrative criteria.Numeric water quality target(s)for TMDL identified,and adequate basis for target(s)as interpretation ofwater quality slandards is prOVided. (See StatT Report,pp.32-36 and Basin Plan Amendment Attachment A Table 7-29.1 pp.2-3) The table below shows the numeric targets in these TMDLs.The total phosphorus target is based on upon US EPA Nutrient Criteria Technical Guidance Manual for Lakes and Reservoirs.The total nitrogen target is based on a ratio of total nitrogen to total phosphorus of 10.The chlorophyll a target is based on EPA guidance and the Carlson Trophic Status Index.The numeric targets for ammonia and dissolved oxygen are based on existing State numeric water quality objectives. Indicator Numel'ic Tareet Total Phosphorus 0.1 mg/L monthly average Total Nitrogen 1.0 mgfL monthlv average Ammonia-N 5.95 mg/L one-hour average Ammonia-N 2.J5 mg/L 30 day average Dissolved Oxygen 5 mglL single sample minimum measured 0.3m above the sediments Chlorophyll a 20 ug/L monthly average The State's approach is a reasonable and environmentally protective approach to account for uncertainty in the relationship between pollutant loading levels and attainment of water quality standards,as required by CW A Section 303(d)(I )(c). 5.Sou rce Analysis:Point.non-point.and background sources ofpoI/wallis ofconcern are described. including the magnitude and location ofsources.Submillal demonstrates aI/significant sources have been considered. (See Staff Report,pp.37-47 and Basin Plan Amendment Attachment A Table 7-29.1 pp.3) The TMDL analysis examined all existing and relevant information conceming the sources of nutrients impairing Machado Lake,including monitoring data and a sediment nutrient flux study. The major nonpoint source of nutrients to Machado Lake is intemal nutrient loading (nutrient flux from 2 6-55 sediments).Atmospheric deposition is also a nonpoint source ortotal nitrogen.Nutrient loads from wind rcsuspen~ion.bioturbation,birds and general surface runoff are minor sources. The point sources of nutrients into Machado Lake are storm water discharges from the municipal separate storm sewer system (MS4),California Department of Transportation (Caltrans),and general construction and industrial storm water di~charges. The TMDLs adequately considered all significant sources by examining data ITom all relevant sources. The TMDLs sufficiently described all sources of impairments. 6.Loading Capacity Linkage Analysis:SlIbmiltal describes relationship between nllmeric target(,)and identified polllllant sOllrces.SlIbmittal clearly identifies loading capacity.For each palilltant,describes analytical basis for concillsionthat Slim ofallocations and margin ofsafety does not exceed the loading clipacity oflhe receiving water(s). (Sec Staff Rep0l1,ppA 7-56 and Basin Plan Amendment Attachment A Table 7-29.1 pp.3) The Regional Board used the Numeric Nntrient Endpoint BATHTUB Spreadsheet Model,developed by Tetra Tech for US EPA,to establish the linkage betwecn nutrient loading to Machado Lake and the desired water quality conditions.The eutrophication related water quality conditions are expressed in terms of tala I phosphorus.ortho-phosphorus,totaillitrogen.inorganic nitrogen.chlorophyll a. transparency (Secchi depth)and hypolimnetic oxygen depletion rates.The linkage analysis demonstrates that assigning allocations lor total nitrogen and total phosphorus will address the following impairments: excessive algae.odors,and eutrophic conditions.The total nitrogen allocation includes ammonia.since this parameter is measured within total kejldahl nitrogen (TKN). The State's analysis sufTiciently describes the link between the numeric targets and the pollutant sources. 7.TMDL and Alloc.lions: TMDL-Suhmitlal identifies the total allowable load.which is se/equal 10 or less than the loading capacity.TMDL is expressed in terms ofmass-based.concentration-based or other equivalenl approaches l/iat are consistent wilhfederal requirements.lfTA1DL has seasonal features then please describe. AlJocations-Submillal idel1t!fie.'i Gppropriale was/eload aIlDea/ions/or 01/poin/sources and load alloca/ions/o1'all non·poinl sources.Jfpoint sources are present,submit/al identifies existing NPDES permil:;by name and number.Jfno poinl.wu/'ces lire present,waste/oad allocations are zero./fuo llU11- poiJ11 sources are present,then load of/oealions are zero.AI/oeolions are expressed in lerms ofmass- hased,cOllcentration-based or other equivalent approaches and Ihe submil1al explains why il is rea.maahle and apprupriale 10 e.'1Jress Ihe TMDL in those lerms. TMDLs alld allocations shollid be expressed interllls ojdaily tillle steps.{fthe TMDL and/or alloea/iolls are alsu e.'pressed inlerms alher thal1 mass loads per day,the .whmillal explains why it is reasonable lIml appropriate 10 express the TMDL in Ihose le,.ms. (See Staff Report,pp.56-60 and B.sin PI.n Amendment Attachment A Table 7-29.1 pp.3-5) The TMDLs include wasteload .1I0c"tions for point sources and load allocations for non point sonrces. W.steload and lo.d "lIoc.tions are concentration based allocations of 0.1 mglL and 1.0 mglL as monthly .verages fortot.1 phosphorus and total nitrogen (TKN +N03-N +N02-N),respectively.TMDLs, wasteload and load allocations are not speciJied for chlorophyll a,dissolved oxvgen or ammonia because 3 6-56 • the total phosphorus and total nitrogen allocations should achieve these targets as well. Wasteload Allocations Point source discharges of nutrients to Machado Lake include MS4 permittees,Cal trans,General Construction and Industrial slormwater permits.Los Angeles County MS4 permittees that are responsible for discharges to Machado Lake include:Los Angeles County,Los Angeles County Flood Control District,and the Cities of Carson,Lomita,Los Angeles,Palos Verdes Estates,Rancho Palos Verdes, Redondo Beach,Rolling Hills,Rolling Hills Estates,and Torrance (Los Angeles County NPDES No. CAS 004001).Caltrans (NPDES Petmit No.CAS 000003),General Industrial Storm water Permit Enrollees (NPDES Permit No.CASOOOOO I)and General Construction Stormwater Permit Enrollees (NPDES No.CAS000002)also received waste load allocations.All waste load allocations are concentration based allocations of 0.1 mglL and 1.0 mglL as monthly averages for total phosphorus and total nitrogen (TKN +NO,-N +NO,-N),respectively.An estimated 73%reduction to total phosphorus in storm water loadings is needed to achieve these allocations. Load Allocations Load allocations are concentration based allocations of O.I mglL and 1.0 mglL as monthly averages for total phosphorus and total nitrogen (TKN +NOJ-N +NO,.N),respectively.A load allocation is assigned to internal nutrient loading from sediments (City of Los Angeles Department of Recreation and Parks). An estimated 90%reduction in total phosphorus and 63%reduction in total nitrogen loadings is needed to achieve this allocation. Interim limits for waste load allocations and load allocations are included to allow sufficient time for dischargers to set up implementation measures necessary to achieve the final load allocations. Based on the information in the Staff Report and the Basin Plan Amendment,EPA concludes that the TMDLs include appropriate wasteload and load allocations that are consistent with federal requirements. 8.Margin of Safety:Submillal describes explicit alld/or implicitll1argill ofsafety for each pollutant. (See Staff Reporl,pp.6 I and Basin Plan Amendment Attachinent A Table 7-29.I pp.5-6) These TMDLs include an implicit margin of safety through conservative assumptions.Conservative numeric targets were selected by establishing the targets under a critical lake volume.Likewise,the wasteload and load allocations are based on a constant value for internal loading.Moreover,the lake conditions under which the loading capacity was developed were based on dry weather critical conditions when the lake level is reduced and therefore loading capacity is reduced. EPA considers this a permissible and appropriate way of dealing with uncertainty concerning the relationships between wasteload allocations,load allocations and water quality. 9.Seasonal Variations and Critical Conditions:SubmiT/a!describes methodfor accountingfor seasonal "ariations and critical conditiolls in the TMDL(s) (See Staff Report,pp.61-62 and Basin Plan Amendment Attachment A Table 7-29.1 pp.6) Extemalloads to Machado Lake generally occur during winter and spring months in conjunction with storm events.The critical condition for the attainment of beneficial uses at Machado Lake occurs during the summcr months when sediments release nutrients,lake level decreases and algal respiration is highest. The TMDLs account for seasonal and critical conditions during the summer months by assigning a load 4 6-57 allocation to the lake sediments and requiring a reduction in this source of nutrients to the lake,and by assigning waste load allocations to urban stormwater dischargers year-round. The TMDLs adequately account for tl,e seasonal variations and critical conditions by establishing loading capncity and allocations that attain water quality objectives during the critical summer months. 10.Public Participation:Submit/a!documents provi,\'irJ11 ofpublic notice and public comment opportunity;and c!J.]Jlains how public CUlmUc!111s II/erc!c.:onsidc!red in the fino!TMDL(s). (See Regional Board's Public Meetings February 5,2007,June 6,2007 and October 25,2007;Regional Board's CEQA Seoping Meeting on September 12,2007;Regional Board's Notice of Public Hearing on May 1,2007;State Water Board's Notice OfOpp011unity for Public Comment,State Water Board's December 2,2008 Meeting Agenda,and Regional and State Board Response to Comments documents) The Regional and State Boards provided public notice and opportunities to comment on the draft and final TMDLs through newspaper notices,mailings aud via formal hearings.The State Board also beld several public meetings between Februmy 5,2007 and October 25,2007 for these TMDLs.Public comments were received in writing and in oral testimony. The State demonstrated that it provided sufficient opportunities for public comments and considered public comments in its final decision by providing reasonably detailed responsiveness summaries. I J.Technical Analysis:Submillal provides appropriate level o/tec/mical onalysis supporting TMDL elemenTs, The TMDL analysis provides a thorough review and summary of available infolmation concerning ammonia,algae,odors and eutrophication impairments in Machado Lake.We conclude the Regional Board was reasonably diligent in its technical analysis of nutrient related impairments in Machado Lake. 12.Reasonable Assurances:lfwasleload allucations are made less stringent based on inclusion of load allocations that ref/ecl nonpoil71 source redm:liol1s,submillal describes holV there are reasonable llssurll1U.:es Ihatnecess{uy l1011poi11l source reducliol1S will occur. Not Applicable 13.Other:Tahle/or c/aTifyiog slIhmillal/or TMDL l1'aterhody-combillatiolls/ar 303(d)listed waleI'. 11('",imjwirmel1llindings or !7on-impairmenl/indil1gs. Not appl icable. 5 6-58 State of California Office of Administrative Law In re: State Water Resources Control Board Regulatory Action: Title 23,Califomia Code of Regulations Adopt sections:3939.35 Amend sections: Repeal sections: NOTICE OF APPROVAL OF REGULATORY ACTION Government Code Section 11353 OAL File No.2009·0106·01 S This action is the State Water Resources Control Board's approval of the Los Angeles Regional Water Quality Control Board's adoption of Resolution R08-00B on May 1, 2008,which revised the Los Angeles Region Basin Plan by establishing a Total Maximum Dally Load (TMDL)for Eutrophic,Algae,Ammonia,and Odors (Nutrient)in Machado Lake. OAL approves this regulatory action pursuant to section 11353 of the Government Code. Date:2/19/2009 For.SUSAN LAPSLEY Director Original:Dorothy Rice Copy:Nick Martorano 6-59 EXHIBIT E Palos Verdes Peninsula Coordinated Monitoring Plan in Compliance with the Machado Lake Nutrient Total Maximum Daily Load 6-60 • Palos Verdes Peninsula Coordinated Monitoring Plan In Compliance with the Machado Lake Nutrient Total Maximum Daily Load February 1,2011 Prepared by the Cities of Rolling Hills Estates,Rolling Hills,Rancho Palos Verdes, and Palos Verdes Estates 6-61 Machado Lake NutrientTMDL 1.Introduction 1.1.Background Palos Verdes Peninsula Coordinated Monitoring Plan 6 6 1.2.Geographic Description of Palos Verdes Peninsula 1.3.Waste Load Allocation Compliance 2.Monitoring Program Design 2.1.Criteria and Methodology for Monitoring Site Selection 2.1.1.Solano Subdrainage Area 2.1.2.Valmonte/Ferncreek Subdrainage Area 2.1.3.Ranchview/Chadwick Canyon Subdrainage Areas 2.1.4.ROD 27S Subdrainage Area -RHE City Hall Monitoring Site 2.1.S.Agua Magna/Sepulveda/Blackwater Canyon Subdrainage Area -Lariat Monitoring Site 2.1.6.Project 77 Storm Drain Subwatershed within Palos Verdes Peninsula 2.2.Monitoring Schedule and Frequency 2.2.1.No Flow/Low Flow Observation Sites 2.2.2.Dry Weather Sampling 2.2.3.Wet Weather Sampling and Flow Observations 2.3.Interim Waste Load Allocation Source Tracking Monitoring Investigation 3.Field Monitoring Methods and Procedures 3.1.Water Quality Sampling Parameters 3.2.Sampling and Flow Measurement Methods 3.3.Monitoring Site Procedures 3.3.1.Sampling Preparations 3.3.2.Arrival at Monitoring Site 3.3.3.Field Conditions Sheet Page 11 7 9 11 11 • IS IS 18 20 21 22 23 23 23 23 24 26 26 26 26 26 28 28 February 1,2011 6-62 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan 3.4.Sampling in Open Channels or Creeks/Streams Procedures 28 3.5.Sampling in Subsurface Storm Drains Procedures 29 3.6.No Sample Taken Procedures 30 3.6.1.Low Flow Conditions 30 3.6.2.Site Inaccessibility Due to Storm Event 30 3.6.3.Site Inaccessibility Due to Temporary or Physical Obstruction or Condition 30 ~ 3.6.4.Site Inaccessibility Due to Ownership Change 31 3.7.Corrective Action for Field Measurements 31 3.8.Sample Management 31 3.8.1.Container Type,Container Volume,Sample Preservation,and Holding Time 31 3.8.2.Sample Naming Methodology 32 3.8.3.Chain of Custody Procedures 33 3.9.Health and Safety Concerns 33 3.9.1.Traffic Hazards and Traffic Control 33 3.9.2.Inclement Weather 34 4.Quality Assurance and Quality Control (QA/QC)35 4.1.Field Sampling QA/QC Procedures 35 4.1.1.Trip Blank 35 4.1.2.Equipment Blank 4.1.3.Duplicate Samples 4.1.4.Collection of Sample for Laboratory Spike and Duplicate Analyses 4.1.5.Training Sessions and QA/QC Review 4.2.Laboratory QA/QC 4.2.1.Laboratory Performance Measurements 4.2.2.Reporting of Results Page I 2 35 36 36 36 36 37 38 February 1,2011 6-63 Machado lake Nutrient TMDl Palos Verdes Peninsula Coordinated Monitoring Plan 4.3.Quality Assurance Manager 5.Data Analysis and Reporting 5.1.Annual Monitoring Reports 5.2.Receiving Waters limitation Compliance Reports Appendix A Field Data Sheet Appendix B Example Chain of Custody Form Appendix C Monitoring Site Summary Page I 3 38 39 39 40 41 44 ~ 46 February 1,2011 6-64 Machado Lake Nutrient TMDL List of Figures Palos Verdes Peninsula Coordinated Monitoring Plan Figure 1.1 Major Land Uses Characterizing the Palos Verdes Peninsula 8 Figure 2.1 Water Quality Monitoring Sites and Associated Sub-Drainage Areas 13 Figure 2.2 Palos Verdes Peninsula Land Use by Subdrainage Areas 14 Figure 2.3 Solano Monitoring Site 1S Figure 2.4 Looking West from Ernie Howlett Park at Ferncreek Converging from Left and Val monte 16 ~ Canyon from Right Figure 2.S Valmonte Monitoring Site 17 Figure 2.6 Valmonte Canyon Tier 2 Monitoring Site 17 Figure 2.7 Upper Ranchview Canyon 18 Figure 2.8 Ranchview Canyon TIer 2 Site 19 Figure 2.9 Chadwick Canyon Tier 2 Site Entering Subsurface Storm Drain 19 Figure 2.10 Looking South/Upstream ROD 27S Along Crenshaw Boulevard 20 Figure 2.11 RHE City Hall Monitoring Site at Manhole Behind Rolling Hills Estates City Hall 21 Figure 2.12 Lariat Monitoring Site at Drainage Structure Collecting Flow From Agua 22 Magna/Sepulveda/Blackwater Canyons Figure 2.13 No/Low Flow Site Classification Decision Process 24 Page I 4 February 1,2011 6-65 Machado Lake Nutrient TMDL List ofTables Palos Verdes Peninsula Coordinated Monitoring Plan Table 1.1 Potential and Existing Beneficial Uses of Machado Lake as Outlined in the Basin Plan 7 Table 1.2 Interim and Final Waste Load Allocations as Specified in the Machado Lake Nutrient 9 TMDL Table 1.3 Compliance Schedule for Option 2:End-of-Pipe Concentration-Based Waste Load 10 Allocations Table 2.1 Interim and Final Waste Load Allocations for Storm Drain Discharges 2S • Table 2.2 Preliminary List of Tier 2 Monitoring Sites 2S Table 3.1 Water Quality Constituents To Be Sampled 26 Table 3.2 Sampling Equipment Inventory 27 Table 3.3 Water Quality Sampling Method,Bottle Types,Preservatives,and Holding TIme 32 Table 3.4Sample Nomenclature 32 Table 4.1 Field QA/QC Sample Collection Requirements 36 Table 4.2 Analytical Methods and Limits 37 Page I 5 February 1,2011 6-66 Machado Lake NutrientTMDL 1.Introduction Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 The Palos Verdes Peninsula Coordinated Monitoring Plan (Plan)was developed in compliance with the Machado Lake Eutrophic,Algae,Ammonia,and Odors (Nutrient)Total Maximum Daily Load (TMDL)l The Nutrient TMDL lists eleven responsible parties tributary to Machado Lake.Among the responsible parties listed are the cities of Rancho Palos Verdes,Palos Verdes Estates,Rolling Hills,and Rolling Hills Estates,which together constitute the Palos Verdes Peninsula (Peninsula Cities).The unique characteristics and isolated geographic setting of the Palos Verdes Peninsula (Peninsula)encouraged a collaborative approach from these Peninsula Cities.This document is the result of that collaboration. Not participating in this plan are the cities of Carson,Lomita,Los Angeles,Redondo Beach,and Torrance,Caltrans,and the unincorporated areas of the County of Los Angeles (County).These agencie'S have indicated that they will be submitting separate Monitoring and Reporting Plans. The purpose of this document is to establish a plan to monitor and assess the water quality of discharges exiting the Peninsula.The Plan describes several representative monitoring sites for the Palos Verdes Peninsula drainage system which are situated at the furthest accessible downstream locations of this system before it exits the Peninsula.These sites will be monitored for TMDL compliance as described herein.Results from this monitoring will be beneficial in determining the scope of work needed for the implementation of Best Management Practices (BMPs)to be used in order to achieve compliance with the water quality objectives set forth in the Machado Lake Nutrient TMDL. 1.1.Background Machado Lake is located in the City of Los Angeles'Ken Malloy Harbor Regional Park.The park is situated to the west of the Harbor (110)Freeway and east of Vermont Avenue.The park is bounded by the Tosco refinery to the south and Pacific Coast Highway to the north.Machado Lake is approximately 40 acres in size and averages approximately 3 feet in depth.It supports a diverse range of wildlife including several threatened and endangered species.The Machado Lake Subwatershed is located within the harbor portion of the larger Dominguez Channel Watershed.Machado Lake receives urban and storm water runoff from a subwatershed area of approximately 20 square miles consisting of nine incorporated cities,Caltrans highways and roads,and areas of unincorporated County land.Water from Machado Lake overflows a dam located at its southern end before entering the ocean through the Harbor Outflow. Machado Lake is listed on the 1998,2002,and 2006 Clean Water Act 303(d)lists of impaired water bodies due to eutrophic conditions,algae and odors.The listed impairments are caused by the overloading of nutrients,such as nitrogen and phosphorus,resulting in excessive algal growth which leads to increased turbidity,decreased levels of oxygen,and odor problems.These occurrences affect the recreational,aesthetic,and ecological functioning of Machado Lake.The Water Quality Control Plan for the Los Angeles Region (Basin Plan)identifies seven existing (E)or potential (P)beneficial uses for Machado Lake. 1 State Water Resources Control Board,Los Angeles Region Resolution No.ROB-DOG,Amendment to the Water Quality Control Plan -Los Angeles Region to incorporate the Total Maximum Daily Load for EutrophiC,Algae, Ammonia,and Odors (Nutrient)in Machado Lake Page I 6 6-67 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Table 1.1.Potential and Existing Beneficial Uses of Machado Lake as Outlined in the Basin Plan Water body MUN REC1 REC2 WARM WILD RARE WET (Municipal (Water (Non-(Warm (Rare,(Endangered (Wetland Water Contact Contact Freshwater Threatened,Species)Habitat) Supply)Recreation)Water Habitat)or Recreation)Endangered Species) Machado P E E E E E E Lake ~ The Clean Water Act section 303(d)requires the prioritization and development of TMDLs to address impairments and outline plans to restore the beneficial uses of listed water bodies.TMDLs require the reduction of pollutant loading by assigning waste load allocations,load allocations,and numeric targets to responsible parties which must be met at set interim and final compliance dates.The TMDL addressing the nutrient impairment of Machado Lake was adopted by the State Water Resources Control Board,Los Angeles Region (Regional Board)on May 1,2008.It was subsequently approved by the United States Environmental Protection Agency and became effective on March 11,2009.This TMDL sets forth stringent numerical limits for nitrogen and phosphorus,as well as numerical targets for ammonia,dissolved oxygen and chlorophyll a which will help assess the overall water quality in the lake. 1.2.Geographic Description of Palos Verdes Peninsula The Peninsula is situated in the southwestern portion of the Machado Lake Subwatershed atop the Palos Verdes Hills which are bounded to the north by Torrance,to the east by City of Los Angeles,and to the south and west by the Pacific Ocean.The Peninsula consists of the four incorporated cities of Rancho Palos Verdes,Palos Verdes Estates,Rolling Hills,and Rolling Hills Estates along with areas of unincorporated County land.The Peninsula Cities are all very similar in topography and land usage.The major land use designation on the Peninsula is residential.There are also significant portions of open space and soft bottom canyons.There is one commercial district and several areas of institutional land. There are also notable areas where horse uses exist.Figure 1.1 depicts the major land uses that characterize the Peninsula.There is a iarge drainage divide which dissects the Peninsula from the northeast to the southwest with the westerly portion draining into the Santa Monica Bay.The portion of the Peninsula which drains to Machado Lake consists of approximately 5.63 square miles,which is about 25%of the Machado Lake 5ubwatershed drainage area.This drainage flows in an easterly or northeasterly direction,contributing flow to three of the four major drainage systems entering Machado Lake (i.e.Wilmington Drain,Project 77 and Project 510).Drainage from the Peninsula Cities is conveyed via the natural soft bottom canyon systems in conjunction with structured storm drain systems.These systems are intertwined and cross-connected warranting a Peninsula-wide coordinated approach to end-of-pipe monitoring. Page I 7 6-68 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 undU,.L-_'OIvlk<Ift'bY Ff~~1 ,l,P...t.'.r,IU<I;IllIIoe Sob-\'U""1JerJ ~.Doon'If Slrlcloo I'M:tI,p~ CllmlnfttQI.r•.tI."-M,lflO''1~'.r~t·~''''~ _P"II':M FIlC:~_ _ey",n"',ut ~....Uncln"'~M!"" 1'0'14 Pant,," l/.WWal Pnotllot E.II:>~_ Palos Verdes Peninsula Coordinated Monitoring Plan Peninsula Cities Land Use within Machado Lake Sub-Watershed 0313 SOllce.'LACDPVI M3ppmll and P,operty Man.lgemenl Oivi~lon: USONFSA.·"'f!'t:ll Phologl3phy Field Officel USGS OOQ. Sou1hern ClIh'ornlll AIs.oC'lIl1OO 01 Govemmenl5lllrld Usc.:!OOS Peelfle Oc.an Figure1.1 Major land Uses Characterizing the Palos Verdes Peninsula , Page I 8 6 - 6 9 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 1.3.Waste Load Allocation Compliance The Nutrient TMDL for Machado Lake outlines three options for compliance.It assigns waste load allocations,or limitations on pollutant discharges contained in storm drain discharges,to responsible parties which drain to Machado Lake.Interim and final waste load allocations [Table 1.2]can be demonstrated through one of the following methodologies: •Concentration-based waste load allocations with in-lake monitoring •Concentration-based waste load allocations with monitoring at the end of the responsible party's drainage system (end-of-pipe) •Mass-based waste load allocations with end-of-pipe monitoring Table 1.2.Interim and Final Waste Load Allocations as Specified in the Machado Lake Nutrient TMDL Compliance Date Total Phosphorus Total Nitrogen March 11,2009 1.25 mg/L 3.5 mg/L March 11,2014 1.25 mgfL 2.45 mg/L September 11,2018 0.1 mg/L 1 mg/L The Peninsula Cities met and determined that the best option for compliance was Option 2, concentration based waste load allocations with end-of-pipe monitoring.However,the systems which convey drainage from the Peninsuia Cities are intertwined and cross-connected.Drainage from one city generaliy flows through at least one of the other three cities before exiting the Peninsula.It would be difficult and redundant for each city to monitor its own drainage independent of the other Peninsula Cities.For this reason,it was appropriate for the Peninsula Cities to coordinate efforts in order to comply with the Nutrient TMDL.The Peninsula Cities decided to determine compliance with concentration-based waste load allocations by choosing monitoring sites at the termini of the shared Peninsuia drainage system.This Plan satisfies the first deliverable requirement outlined in the compliance schedule forthe selected approach [Table 1.3].Monitoring in accordance with this Plan will continue until the Peninsula Cities have established compliance with final waste load allocations.Once compliance with final waste load allocations is established,the results of this monitoring plan and other available information may be used to revise the amount of monitoring required to demonstrate continued TMDL compliance under a revised monitoring plan or other Regional Board order. Page I 9 6-70 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Table 1.3.Compliance Schedule for Option 2:End-of-Pipe Concentration-Based Waste Load Allocations Compliance Date TMDL Requirement March 11,2009 Meet 1"interim waste load allocations (shown in Table 2) March 11,2010 Submit Monitoring and Reporting Plan (MRP)to the Regional Board for approval 60 days from date of MRP approval Begin monitoring as outlined in MRP Annually from date of MRP approval Submit annual monitoring reports March 11,2011 Submit Implementation Plan (IP)to Regional Board for approval 60 days from date of IP approval Begin implementation as outlined in IP March 11,2014 Meet 2"interim waste load allocations (shown in Table2) September 11,2016 TMDL re-opener period September 11,2018 Meet final waste load allocations and numeric targets (shown in Table 2) Page 110 6-71 Machado lake Nutrient TMDl Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 2.Monitoring Program Design Drainage on the Peninsula is conveyed via a network of natural soft-bottom canyons augmented by improved storm drain structures in the more developed areas.A drainage divide running northwest to southeast along the crest of the Peninsula separates the Machado lake watershed from the Santa Monica Bay watershed.Within the Machado lake watershed the canyons convey storm water flow in an easterly or northeasterly direction.Stormwater runoff from the four incorporated cities on the Peninsula is closely intertwined and is therefore conducive to the implementation of a coordinated monitoring plan. 2.1.Criteria and Methodology for Monitoring Site Selection The Peninsula Cities have selected monitoring sites that are representative of the drainage from each of the Cities'land uses on the Peninsula tributary to Machado lake.These monitoring sites have been selected to ensure that: •Each city has drainage tributary to at least one sampling location •Each city has each of its major land use/zoning types represented in the tributary area to at least one location •Taken together the sampling locations are representative of major Peninsula land uses and development intensity,e.g.,commercial,residential with curb-and-gutter,residential with soft bottom canyons,equestrian use,schools/ball fields,open space,parks,etc. •Monitoring could be conducted in a safe manner considering traffic and stormwater access conditions In order to establish appropriate and representative monitoring locations,subdrainage areas were delineated based on desktop examination of County GIS-based drainage maps,topographic drainage maps and aerial photographs.Several potential monitoring locations near the foot of each of the major subdrainage areas on the Peninsula were identified based on this desktop analysis.Final monitoring sites were selected based on field reconnaissance to identify representative locations that could be safely accessed for monitoring. The Machado lake subdrainage areas and monitoring locations are discussed in the following subsections in order progressing from northwest to southeast across the Peninsula.Taken together,the subdrainage areas and monitoring locations proposed in this plan directly monitor 2,108 acres within the total 3,608 acres of the Peninsula Cities'tributary area to Machado lake.These subdrainage areas and monitoring locations together will provide direct monitoring of all the significant land uses tributary to Machado lake in the four incorporated cities on the Peninsula.Currently,of the 1,500 acres not directly monitored,707 acres is tributary to a local infiltration basin,the Chandler Quarry pit,which does not discharge to Machado lake unless an unusually large storm such as a SO-year storm occurs, effectively isolating that subdrainage area from Machado lake.The remaining 800 acres of Machado lake tributary area which are not directly monitored by one of the proposed monitoring sites will be indirectly monitored by a surrogate monitoring location with similar land use and development intensity.Figure 2.1 Water Quality Monitoring Sites and Associated Sub-Drainage Areas depicts the Page 111 6-72 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 subdrainage areas and monitoring sites.These same subdrainage areas are shown overlaid onto the land use map in Figure 2.2 for ease of reference in the subsequent discussions of each monitoring site. This figure shows which land uses are captured within each subdrainage area. Page 112 6-73 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Legend Monitoring SltltS •SclallO 8 Vlllm:lnlo 8 RlInthvleYi 8 Chncwlck •RHE City Hall 8 Lariat ObslItvOJUon PoInt 8 Chordler MoIchado liIkll Sub-W:!lOrshlXl Solano Sub-Dfllinagll Arel VoIlmante SUb-Or.JIMgG Aron RlInchYioYlfChlldwltk Sub-Orllinllgll Arelll RHE City Hall SUb-Drninollll Aren Larial Sub-Drllinago Area ChDntllllr Sub-Drllinllgo Non .-_-_1 City Boundary Palos Verdes Peninsula Coordinated Monitoring Plan Water Qualty Monitoring Sites and Associated Sub-Drainage Areas 0"1"Soucn:LACOPW MlIPPlIIg lind PfD~rtv MlInllgemenl Otvision. USOAJFSA.lIelial Pho'09ll1Phy Field OfficeJ USGS 000: U.S OeplInmem 01 Agricullwll,rlalurnl Resoulces COMlfVallon SeNIc., 1l1lIJonlii ClIllogrnphy to Geo5plllinl Cenler P.c.fIC Ot ••" Figure 2.1 Water Quality Monitoring Sites and Associated Sub-Drainage Areas Page 113 • 6 - 7 4 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Figure 2.2 Palos Verdes Peninsula Land Use by Subdrainage Areas Page I 14 ......,,_. ,.......-..bt...... ............-e- t~_ •P_""IHll/lf>I 1-)t.r.- o--•..,.,Ino I.:.'Ow<:t« Palos Verdes Peninsula Coordinated Monitoring Plan Land Use by Subdrainage Areas DOlO SO~Il'I:LACDPWMlpplng lind Ploperty ~.Unagem!nt Divl~Dn: USDAJFSA -Al!liDI Phologlliphy Field Olticel USGS OOQ. SO\l~,"Cohlornl,Assodallon 01 Goverrvnellts land US!!.2005 Pacific Ocean , 6 - 7 5 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 2.1.1.Solano Subdrainage Area A portion of the Peninsula drains to the Waite ria Lake storm water detention basin located in Torrance via the City of Torrance Project No.8102 storm drain.This subdrainage area is approximately 144 acres located entirely within Palos Verdes Estates and situated east of Palos Verdes Drive North,south and west of the City of Palos Verdes Estates'border with the City ofTorrance,and north of Via Valmonte [Figure 2.3J.The primary land use in this subdrainage area is residential with curb-and-gutter.There is one elementary school located in the subdrainage area.The curb-and-gutter system (storm drain system)in the subdrainage area collects storm water runoff as well as dry-weather runoff and discharges flow through the subsurface Miscellaneous Transfer Drain (MTD)1495-2 near Via Verderol into the City of Torrance.Monitoring will occur in this storm drain as the flow here is representative of~ runoff from the entire subdrainage area.Figure 2.3 shows the manhole atop of the MTD 1495-2 at the Solano monitoring site to where the flow discharges from the Peninsula into the City of Torrance. 2.1.2.Valmonte/Ferncreek Subdrainage Area Valmonte Canyon and Ferncreek have a combined drainage area of 415 acres and are both soft-bottom natural drainage courses which converge at the base of Ernie Howlett Park.At the convergence of these canyons [Figure 2.4]the stormwater flow is directed into a subsurface storm drain which runs under Ernie Howlett Park and connects to a Los Angeles County Flood Control District (LACFCD)storm drain MTD 227 below Hawthorne Boulevard at which point the drainage exits the City of Rolling Hills Estates and the Peninsula and enters the City of Torrance. Page 115 6-76 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 The Valmonte Canyon Subdrainage Area is the larger of the two and collects storm water runoff from residential areas of Palos Verdes Estates,Rancho Palos Verdes and Rolling Hills Estates.Ferncreek collects runoff only from Rolling Hills Estates. The Valmonte/Ferncreek subdrainage area is predominantly residential and includes some residential properties in the lower reaches of the drainage area in the equestrian overlay where horses are kept. A municipal stable aiso lies within this drainage area.This monitoring site receives runoff from three of the four Peninsula Cities (Rolling Hills Estates,Rancho Palos Verdes and Palos Verdes Estates). • Figure 2.4 Looking West From Ernie Howlett Park at Ferncreek Converging from Left and Valmonte Canyon from Right The safest,most accessible downstream location for monitoring of this subdrainage area is at the convergence of the two drainage courses (Valmonte Canyon and Ferncreek [Figure 2.5])where the flow enters a subsurface storm drain under Ernie Howiett Park.A baseline dry weather flow enters the subsurface storm drain under Ernie Howlett Park,either from groundwater seeping from below Ernie Howlett park (see weep holes visible in Figure 2.5)or from Ferncreek or both.A routine dry weather and wet weather monitoring site named "Valmonte"will be established at this location. Valmonte Canyon does not appear to have discharge during dry weather so in the event that a source tracking monitoring investigation is needed for this subdrainage area,a dry weather monitoring site will be established at the storm drain pipe conveying runoff from Valmonte Canyon to the subsurface storm drain below Ernie Howlett Park to document the presence/absence of dry weather discharge from Valmonte Canyon.[Figure 2.6]This location will thus serve as a Tier 2 source tracking monitoring site in the event that samples collected from flow entering the subsurface storm drain under Ernie Howlett Park at the Valmonte monitoring site trigger a source tracking investigation. Page I 16 6-77 Machado Lake Nutrient TMDL , Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Figure 2.5 Valmonte Monitoring Site;Pipe Conveying Drainage from Val monte Canyon is in the Foreground and Flow From Ferncreek Enters From the Right Page 117 6-78 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February I,2011 2.1.3.Ranchview/Chadwick Canyon Subdrainage Areas Ranchview Canyon and Chadwick Canyon are both soft-bottom natural drainage courses [Figure 2.7] with a combined drainage area of 385 acres.These two canyons converge and enter a subsurface storm drain which then crosses under Palos Verdes Drive North and connects with LACFCD subsurface storm drain RDD 275 behind Rolling Hills Estates City Hall. The upper reach of Ranchview Canyon collects runoff from residential areas of Rancho Palos Verdes, from the playing fields and classroom buildings of Palos Verdes Peninsula High School,as well as a section of a major arterial roadway,Hawthorne Blvd.The lower reach of Ranchview Canyon collects runoff from residential areas in Rolling Hills Estates within the equestrian overlay,however only a few oi those property owners currently keep horses [based an Community Emergency Response Team (CERT) map). Chadwick Canyon collects runoff from residential areas of Rancho Palos Verdes,including an elementary school,as well as residential areas within County unincorporated areas.No equestrian areas lie within the Chadwick Canyon drainage area [confirmed by CERT map]. Neither Ranchview Canyon nor Chadwick Canyon subdrainage areas appear to have discharge 10 RDD 275 during dry weather [Figure 2.7J.These locations will serve as Tier 2 source tracking monitoring sites in the event that samples collected from the RHE City Hall monitoring site trigger a source tracking monitoring investigation.Flow observations made at the slorm drain entry structures for each of these canyons will document the presence/absence of dry weather discharge from these two subdrainage areas. Page 118 6-79 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Figure 2.8 Ranchview Canyon TIer 2 Site Figure 2.9 Chadwick Canyon Tier 2 Site Entering Subsurface Storm Drain Page 119 6-80 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 2.1.4.RDD 275 Subdrainage Area-RHE City Hall Monitoring Site Unlike most of the drainage courses on the Peninsula,the RDD 275 subdrainage area,comprised of 860 acres excluding Ranchview and Chadwick Canyons,consists primarily of hardened conveyances;a combination of curb-and-gutter,subsurface storm drains,and a section of large open channel (trapezoidal ditch).This is the most diverse subdrainage area from a land use perspective as it includes the downtown commercial area of the Peninsula located mainly within Rolling Hills Estates,residential areas in Rancho Palos Verdes and Rolling Hills,a County unincorporated residential area with some equestrian properties and a private K-12 academy,as well as arterial roadways (Silver Spur Road and Crenshaw Blvd.)The City of Palos Verdes Estates is the only one of the Peninsula cities without land area in this subdrainage area.This subdrainage area is to be directly monitored and will also serve as a ~ surrogate monitoring site for areas on the Peninsula not being directly monitored. Baseline dry weather flow from this subdrainage area is evident where it daylights in a trapezoidal ditch along Crenshaw Boulevard [Figure 2.10).The safest,most accessible downstream location for monthly monitoring of this subdrainage area is at the manhole behind Rolling Hills Estates City Hall [Figure 2.11J where RDD 275 joins drainage from Ranchview and Chadwick Canyons. The trapezoidal ditch location adjacent to Crenshaw Blvd.will be utilized as a Tier 2 source tracking monitoring site along with Ranchview and Chadwick Canyons in the event that wet weather samples collected from the "RHE City Hall"monitoring site behind Rolling Hills Estates City Hall trigger a source tracking investigation. Figure 2.10 Looking South/Upstream ROD 275 along Crenshaw Boulevard Page I 20 6-81 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Figure 2.11 RHE City Hall Monitoring Site at Manhole behind Rolling Hills Estates City Hall 2.1.5.Agua Magna/Sepulveda/Blackwater Canyon Subdrainage Area- Lariat Monitoring Site Three canyon drainage ways within Rolling Hills (Agua Magna,Sepulveda,and Blackwater Canyons) cross under Palos Verdes Drive North,pass for a short distance through Rolling Hills Estates,cross under Lariat Lane and converge into a drainage structure just inside the boundary of the South Coast Botanic Garden which lies within County unincorporated land [Figure 2-12].The predominant land use within this 650 acre,three canyon subdrainage area is low density residential development with some horse keeping. Based on preliminary field reconnaissance,it appears that this subdrainage area may not have discharge to Machado Lake during dry weather.A monitoring site,"Lariat",will be established for this subdrainage area at the drainage structure just inside the South Coast Botanic Garden. Page I 21 6-82 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 • Figure 2.12 Lariat Monitoring Site at Drainage Structure Collecting Flow from Agua Magna/Sepulveda/Blackwater Canyons 2.1.6.Project 77 Storm Drain Subwatershed within Palos Verdes Peninsula As currently developed,only a minor area within the Peninsula currently contributes discharge to Machado Lake via the Project 77 Storm Drain.This is because of a unique geologic/hydrologic condition associated with the former Chandler Quarry,now an inert landfill.The Chandler quarry pit collects flows from the majority of the areas west of Palos Verdes Drive East within the Project 77 Subwatershed, including the Rolling Hills Country Club golf course.The Chandler Quarry/Landfill is currently proposed for redevelopment and,according to the Chandler Ranch/Roiling Hills Country Club Project EIR hydrology study,the tributary area of the Chandler quarry pit is 707 acres and has the capacity to retain and infiltrate up to the SO-year storm without discharging to the Project 77 storm drain'.So as currently developed,the tributary area to the Chandler Quarry does not result in discharge to Machado Lake except under very rare,large storms.The City of Rolling Hills Estates intends to place conditions of approval on the Chandler Ranch/Rolling Hills Country Club Project to achieve compliance with the Machado Lake Nutrient TMDL targets.At the time of redevelopment,depending on the final hydrologic analysis of the project,consideration will be given to placing an additional monitoring site at the discharge point from the Chandler Ranch/Rolling Hills Country Club project to Project 77 Storm drain. There is currently no safely accessible,representative monitoring location for the areas east of Project 77 storm drain not tributary to the Chandler quarry pit because those flows are conveyed via a 'The EIR can be found on the City of Rolling Hills Estates website at httD://WWW.ci.rolling-hills- estates.ca.us/in dex .aspx?oage=209&reco rdid =3 7 Page I 22 6-83 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 subsurface County storm drain in the right-of-way for Palos Verdes Drive East which manholes cannot be safely accessed for monitoring.Consequently,we are not proposing to monitor this subdrainage area. Those areas within Project 77 storm drain subwatershed on the Peninsula not tributary to the Chandler quarry pit will be assumed to be represented by the surrogate monitoring site,RHE City Hall. 2.2.Monitoring Schedule and Frequency During the first twelve (12)months of the monitoring program,the four (4)monitoring sites (Solano, Valmonte,RHE City Hall,and Lariat)will be visited by a monitoring crew on a monthly basis during dry weather.Dry weather is defined as a day when there has been no rainfall of 1/101h inch or greater on that day or on the 72 hours preceding.If flow is observed,a Field Conditions Data Sheet will be completed,a sample collected and flow measurements recorded.If no flow or insufficient flow for sampling is present,a No Flow or Low Flow Conditions Data Sheet will be completed.Based on the results of the first year of monitoring,each monitoring site will be classified as either a routine dry weather/wet weather sampling lacatian,or as a wet weather-only sampling lacation.Monitoring sites which had sufficient flow for sampling on three (3)or more out of the twelve (12)routine monthly site visits during the first year of the monitoring program will be classified as a dry weather/wet weather monitoring site. Monitoring Sites Subdrainage Description Solano PVP subdrainage to Walteria Lake Valmonte Valmonte and Ferncreek subdrainage RHE City Hall RDD 27S,Ranchview and Chadwick Canyons,also surrogate for areas not directly monitored Lariat Agua Magna,Sepulveda and Blackwater Canyons 2.2.1.No/Low Flow Observation Sites Following the first year of monitoring,sites which are identified as being wet weather-only sampling locations due to no or insufficient flow for sampling on eight or more out of twelve dry weather observations,will be visited on a quarterly basis and a No Fiow or Low Flow Conditions Data Sheet will be completed to confirm that the status has not changed.After a year of quarterly confirmation,sites which have no or insufficient flow for sampling on at least three (3)of the four (4)quarterly confirmatory site visits will be removed from the routine dry weather monitoring program and no further monitoring visits will be made for these sites during dry weather.See No/Low Flow Site Classification Decision Process [Figure 2.13 No/Low Flow Site Classification Decision Process]. 2.2.2.Dry Weather Sampling Monitoring sites which have sufficient flow for sampling on three (3)or more out of the twelve (12) routine monthly site visits during the first year of the monitoring program will be classified as dry weather/wet weather monitaring sites.These sites will be monitored on a monthly basis for the duration of the monitoring program unless implementation measures result in decreased flows which would trigger reclassification of these sites as No/Low Flow Observation Sites in accordance with the No/Low Flow Site Classification Decision Process. 2.2.3.Wet Weather Sampling and Flow Measurement In addition to routine dry weather sampling,at least two qualifying wet weather sampling and flow measurement events per year will be conducted at the four (4)monitoring sites (Solano,Valmonte,RHE Page I 23 6-84 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 City Hall,and Lariat).Wet weather sampling events will be scheduled by monitoring weather forecasts for the 90274 and 9027S zip code areas on weather.com.Qualifying wet weather sampling events are those work days (non-holiday week days)with a forecast of an 80%chance of at least 0.2S inch of rainfall.Wet weather sampling events will begin as early in the day as possible to ensure that samples are transported to the laboratory within required holding times. 8t.n£J.tLg,~/lo.~.f!~~_,?.p.?~r.-¥~_~211': ,'out of 12'monthly observations'" • no flow/low flow observations Figure 2.13 No/Low Flow Site Classification Decision Process 2.3.Interim Waste Load Allocation Source Tracking Monitoring Investigation Based on the first year of baseline dry weather monitoring data collected from the Peninsula monitoring sites as outlined in Section 2.2 above,an evaluation will be made to assess compliance with the monthly average criteria in the Machado Lake Nutrient TMDL shown in Table 2.1.An Interim Waste Load Allocation Source Tracking Monitoring investigation will be conducted for any monitoring sites where monthly averages are exceeding the Year 0 waste load allocation.The Peninsula Cities will meet to establish a flow tracking and sampling scheme to identify branch(s)of drainage system contributing to interim waste load allocation exceedance.The source tracking will be conducted in an iterative,adaptive manner to identify potential sources contributing to the waste load allocation exceedance and will be informed by the results of low flow/no flow observation data. After two years of combined wet weather and dry weather monitoring data are collected and reviewed, an updated evaluation will be made to assess compliance with the monthly average criteria in the Machado Lake Nutrient TMDL An Interim Waste Load Allocation Source Tracking Monitoring investigation will be conducted for sites with monthiy averages exceeding the Year 0 or Year S waste load allocation.The Peninsula Cities will meet to establish a source tracking sampling scheme to identify monitoring sites in the various branch(s)of the drainage system and to determine the particular land uses and defined areas of the drainage system that are contributing to interim waste load allocation exceedance.Findings of source tracking investigations will inform appropriate action under the Palos Page I 24 6-85 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Verdes Peninsula Implementation Plan for Machado Lake Nutrient TMDL (to be submitted by March 11, 2011). Table 2.1.Interim and Final Waste Load Allocations for Stonn Drain Discharges MS4 Permittees Years After Date of Total Phosphorus Total Nitrogen Effective Date Compliance (mg/L)(mg/L) (03/11/2009) Caltrans,General 0 03/11/2009 1.25 3.5 Construction and Industrial5tormwater 5.0 03/11/2014 1.25 2.45 ~ Permits 9.5 09/11/2018 0.10 1.00 A source tracking monitoring scheme would include the monitoring of upstream locations (Tier 2 monitoring sites)tributary to a Tier 1 monitoring site which has exceeded interim waste load allocations. A preliminary list of several Tier 2 monitoring sites already identified for a few of the Tier 1 monitoring sites are provided in Table 2.2.Tier 3 sites will be established by the Peninsula Cities at the time a source tracking investigation is initiated or as needed in an iterative process.A description of the technical design and rationale for source tracking investigations planned for the coming year will be included as an attachment or appendix to the annual monitoring report.Results of any source tracking investigations performed during the reporting year will be included as an appendix to the annual monitoring report. Table 2.2.Preliminary List ofTier 2 Monitoring Sites Tier 1 Monitoring Site Tier 2 Monitoring Sites Solano Valmonte Valmonte Canyon storm drain pipe Ferncreek stream bed RHE City Hall Ranchview Canyon at inlet structure also surrogate monitoring site Chadwick Canyon at inlet structure RDD 275 trapezoidal open channel @ Crenshaw Blvd. Lariat Agua Magna Canyon @ PV Drive North Sepulveda Canyon @ PV Drive North Blackwater Canyon @ PV Drive North 3.Field Monitoring Methods and Procedures This Chapter provides the methods and procedures to be used in the field when conducting water quality monitoring. Page I 25 6-86 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 3.1.Water Quality Sampling Parameters Compliance with the Nutrient TMDL will be shown through concentration-based monitoring.The water quality constituents to be analyzed and the analytical methods are shown in Table 3.1.A State Certified Laboratory will provide the analytical services for this Plan. Table 3.1.Water Quality Constituents To Be Sampled Analyte Method Nitrate-Nitrite EPA method 300.0;353.2 Total Kjeldahl Nitrogen (TKN)EPA351.2 Total Phosphorus SM 4500-P E;EPA 365.3 • 3.2.Sampling and Flow Measurement Methods All samples will be collected using manual grab sampling methods as this is the most relevant technique for the conditions found on the Peninsula.Sampling Teams comprised of two (2)to three (3)members will be responsible for obtaining the water quality samples from each of the identified monitoring sites. Each Sampling Team will carry all necessary equipment to be able to sample in various environmental and physical conditions (i.e.high or low flow,natural or manmade conveyances,etc).A list of necessary equipment is presented in the following section.The Sampling Team will fill out a Field Conditions Data Sheet at each monitoring site for each day of sampling.An example Field Conditions Data Sheet is located In Appendix A. A protocol for making instantaneous flow measurements will be established by the field team and approved in advance by the Peninsula Cities'representatives for each permanent monitoring location. Flow measurements will entail the use of a velocity meter plus measurement of the depth and width of cross-sectional flow area or the use of an area-velocity flow meter calibrated for the particular conveyance structure at each location.A minimum of three velocity readings will be made immediately following each sample collection. 3.3.Monitoring Site Procedures The following are the specific procedures that will be followed by the Sampling Teams at each monitoring site regardless of whether it is an open manmade channel,an open natural area,or a subterranean storm drain and regardless of the flow type (high or low).The locations and descriptions of each identified monitoring site are provided in Chapter 2. 3.3.1.Sampling Preparations Each Sampling Team should be certain that they have all of the necessary equipment to conduct the sampling as shown in Table 3.2' 3 Adapted from Minnesota Pollution Control Agency,Biological Monitoring Program.2001.Water Chemistry Assessment Protocol for Depressional Wetland Monitoring Sites. Page I 26 6-87 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Table 3.2.Sampling Equipment Inventory Equipment Purpose Operation Check Sample Bottles:Sufficient quantity for sampling Poly Ethylene/High Density Sample bottle all sites Poly Ethylene -2S0 mL Clean labels attached Sufficient quantity for sampling Amber glass bottles -2S0 mL Sample bottle all sites Clean labels attached •Sulfuric Acid (H 2SO 4 )Preservative Sufficient voiume for sampling all sites Other Equipment Purpose Operation Check Cooler with ice Short term sample preservation Properly working cooler and adequate amount of ice Color wheel Measure water color in field Deionized water for reference Instruction manual Cell phone Communication Phone charger/batteries present Field Sampling Plan Site location information Correct maps for each site Measurement of volumetric Calibration per manufacturer'sPortableFlowMeterflowrateinstructions Camera Document sampling Associated charger,batteries, instruction manual,etc Data sheets and clipboard Record field observations Correct data sheets for each site Pencils/pens Recording data Sharp pencil point/working pen Fine point permanent marker Label sample bottles Working marker Chain of Custody Forms from Request analyses for samples Adequate number for samplingSateCertifiedLaboratoryallsites Rain gear Keep Sampling Team dry Working rain gear Safety vests/cones Ensure Sampling Team safety Enough for Sampling Team(s) Page I 27 6-88 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 3.3.2.Arrival at Monitoring Site Upon arrival at the monitoring site,the Sampling Teams will inspect the location for general safety.It is important to be aware of the surroundings when working in a street or other right-of-way and is imperative to place safety cones so that traffic is aware of the situation. 3.3.3.Field Conditions Sheet Site conditions are general observations that will be recorded when the Sampling Team first arrives at the monitoring site.The following general observations should be recorded on the Site Conditions Field Sheet: • •Date and time of arrival; •The weather conditions; •The air temperature; •The general flow conditions of the water; •The appearance and odor of the water;and •If there is trash or debris at the monitoring site. 3.4.Sampling in Open Channels or Creeks/Streams Procedures The following are the procedures that will be employed for sampling open manmade channels or creek/stream sites.Water Quality samples wiil be collected priorto making fiow measurements in order to minimize disturbance of deposited sediment prior to sampling to ensure that samples collected are as representative as possible of the discharged storm water. A designated sampling apparatus must always be used to fill a sample bottle containing preservative.It is important that the sample bottles do not overflow.If a sample bottle overflows,it must be discarded and a new sample must be taken using a new sample bottle.Listed below are the steps to be taken during open channels or creeks/streams sampling:' •An ice chest with sufficient ice to properly store any samples will be utilized; •Only the sample bottles with the correct site number wiil be used at each monitoring site; •The sampling apparatus for each site will be acclimated by rinsing it out with water from the waterbody three (3)times; •Grab samples wiil be taken from the section of the manmade channel or creek/stream with the deepest flow (if it is safe to do so); •The Sample Team will always walk upstream to ensure that they do not disturb the sediments which could taint the sample; •Samples wiil be taken by facing the sampling apparatus upstream to reduce the possibiiity of contamination; •The Sampling Team will avoid touching the inside of the sampling apparatus to further prevent contamination; •The water in the sampling apparatus will be transferred to the sample bottie; ,Procedures adapted from:US EPA,Office of Water.1992.NPDES Storm Water Sampling Guidance Document.EPA 833-92-001. Page I 28 6-89 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 • • • • • • • The sample bottles labeled with the appropriate site number wiil be placed in the cooler standing straight up surrounded and supported by ice; The number of each sample from the sample bottle,the time the samples were collected,and the time the samples were put on ice wiil be recorded on the Chain of Custody Form; All Sampling Team members that had custody of any samples will sign the Chain of Custody Form; The courier used to transport the samples to the lab will be listed as receiving the samples for transport.However,they wiil not sign the Chain of Custody Form; The Chain of Custody Form will be placed into a large watertight resealable bag and placed inside the cooler with its corresponding samples;•The cooler wiil be secured with packing tape and transported to the State Certified Laboratory within the designated method holding times;and Upon the laboratory receiving custody of the samples,the State Certified Laboratory's representative will sign the Chain of Custody Form. 3.S.Sampling in Subsurface Storm Drains Procedures Subsurface storm drain sampling involving manholes can be more involved than open channel sampling and may be inherently more dangerous.These types of areas may be considered confined entry spaces requiring compliance with OSHA regulations.Therefore,any sites that require entry into a manhole wiil be handled by city crews with the proper equipment and experience.However,most of the sampling sites will not require entry into a manhole. Water Quality samples will be collected prior to making flow measurements in order to minimize disturbance of deposited sediment prior to sampling to ensure that samples collected are as representative as possible of the discharged storm water.A designated sampling apparatus must always be used to fill a sample bottle containing preservative.It is important that the sample bottles do not overflow.If a sample bottle containing preservative overflows,it must be discarded and a new sample must be taken using a new sample bottle.Listed below are the steps to be taken during subsurface storm drain sampling:' •An ice chest with sufficient ice to properly store any samples will be utiiized; •The required Occupational Safety and Health Administration safety checks and preparations for the removal of a manhole cover and entry into a manhole safely will be completed; •The designated sampling apparatus labeled with the appropriate site number will be used; •The sampling apparatus for each site will be acclimated by rinsing it out with water from flow in the drain three (3)times; •The grab sample will be taken from the horizontal and vertical center of the storm drain (if it is safe to do so); •The bottom sediments (if there are any)in the drain wiil not be disturbed so as to avoid contaminating the sample; •The sampling apparatus will be held so the opening faces upstream (with the Sampling Team member also facing upstream); •The inside of the sampling apparatus will not be touched in order to prevent contamination; ,id. Page I 29 6-90 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 • • • • • • • The sample water from the sampling apparatus will be transferred into the proper sample botties without overflowing them; The sample bottles labeled with the appropriate site number will be placed in the cooler standing straight up surrounded and supported by ice; All Sampling Team members that had custody of any samples will sign the Chain of Custody Form; The courier used to transport the samples to the lab will be listed as receiving the samples for transport.However,they will not sign the Chain of Custody Form; The Chain of Custody Form will be placed into a large watertight Ziploc bag and placed inside the cooler with its corresponding samples; ~ The cooler will be secured with packing tape and transported to the State Certified Laboratory within the designated method holding times;and Upon the laboratory receiving custody of the samples,the State Certified Laboratory's representative will sign the Chain of Custody Form. 3.6.No Sample Taken Procedures There may be circumstances that would cause a particular monitoring site to not be sampled.These circumstances may involve: •Lack of flow or insufficient flow •Site inaccessibility. 3.6.1.Low Flow Conditions Sampling will be attempted even in extreme low flow conditions.If a sam pie cannot be taken due to insufficient or a lack of flow,a separate data sheet will be completed to explain why no sample was taken. 3.6.2.Site Inaccessibility Due to Storm Event If a monitoring site becomes inaccessible due to a storm event in which it would be dangerous to approach the manmade channel,stream/creek,storm drain inlet or manhole;the Sampling Team will delay sampling for 24 hours to 48 hours after the storm event.However,if an alternative monitoring site is in close proximity and provides a sample which is representative of the original monitoring site,then sampling will occur on scheduie at the alternative monitoring site. 3.6.3.Site Inaccessibility Due to Temporary Physical Obstruction or Condition If a monitoring site is temporarily or permanently blocked by a physical obstruction,such as downed trees or evidence of a landslide or rockslide,the Sampling Team will attempt to move 25-50 feet (ft) upstream or downstream from the monitoring site and conduct sampling there.If there still is no suitable access,the Sampling Team will determine the possibility of sampling further away (up to 100 ftl from the original monitoring site. Page I 30 6-91 Machado Lake Nutrient TMDL Palos Verdes Peninsuia Coordinated Monitoring Plan February 1,2011 3.6.4.Site Inaccessibility Due to Ownership Change This condition is unexpected,but if the monitoring site comes under new ownership,such that previously granted access is now denied,permission will be requested from the new owner.If this is denied,a permanent new monitoring site will be selected in close proximity to the original monitoring site provided the proposed new monitoring site is as representative as the previous monitoring site. 3.7.Corrective Action for Field Measurements The Sampling Team will have the primary responsibility for responding to equipment failures during sampling.Deviations from defined protocols will be documented in the comment section of the Field Conditions Data Sheet.If any equipment fails,Sampling Team personnel will report the problem in the~ comment section of the Field Conditions Data Sheet and will not record the data values for the water quality constituents in question.Actions will be taken to replace or repair broken equipment prior to the next field use.Data that are known to be collected with faulty equipment will be entered into the project database,but will not be used for determining compliance.It is the combined responsibility of all members of the Sampling Team to determine if the performance requirements of the specific sampling method have been met,and to collect an additional sample if required. 3.8.Sample Management In order for the samples to be considered valid,each sample must be taken to the State Certified Laboratory for chemical analyses: •In the proper container as provided by the State Certified Laboratory; •With a sufficient volume of sample as prescribed by the State Certified Laboratory; •Having a sufficient amount of preservative as pre-supplied in the appropriate sampling bottles by the State Certified Laboratory;and •In less time that the method holding time for that type of sample (i.e.water quality constituent type). 3.8.1.Container Type,Container Volume,Sample Preservation,and Holding Time Each Sampling Team will use a designated filling container that will be rinsed with deionized water (no soap)three times prior to use.The State Certified Laboratory will supply a sufficient number of sampling bottles to the Sampling Teams who will label the sampling bottles with the correct monitoring site information.After collection of the samples,the Sampling Team will write the following information on the label: •Analyses to be performed on the sample:For this project,the State Certified Laboratory will be notified in advance that each label will state "PVP Nutrient TMDL".The PVP Nutrient TMDL label will signify to the State Certified Laboratory what parameters to analyze for; •Date and Time sample collected; •Sample number:identifies sample location,date,and aliquot (see sample assignment numbers shown in Table S);and •Full names of individuals who collected the samples. Total Phosphorous requires a 2S0 milliliter (mL)amber glass bottle or a 250 mL Poly Ethylene bottle for sampling under EPA method 63S.3 and a 250 mL amber glass bottle for sampling undere SM 4500-P E. Total Kjeldahl Nitrogen (TKN)requires a 250 mL Poly Ethylene bottle for sampling under EPA method Page I 31 6-92 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February I,2011 351.2.Nitrate (NO,)and Nitrite (NO,)require a 250 mL Poly Ethylene bottle for sampling under EPA method 353.2 and require a 125 mL High Density Poly Ethylene (HDPE)bottle for sampling under EPA method 300.0. TKN,Total Phosphorus,and Nitrate-Nitrite (under EPA method 353.2)require sulfuric acid (H,504)as a preservative.Nitrate-Nitrite,under EPA method 300.0,do not require H,S04 as a preservative during sampling.Each sample bottle will be prepared with the correct amount of H,504.All samples must be kept under 4"Celsius (e)regardless of the constituent and the method. The amount of time that a representative valid sample can be held from the time the sample is taken until the time the sample is analyzed is the method holding time.The allowed holding time assumes thilt the sample has been properly preserved and kept on ice «4"e)from sampling until custody of the sample is relinquished to the State Certified Laboratory.Table 3.3 lists the analytical method used,the bottle type and volume,the preservative,and the method holding time required for each water quality constituent. Table 3.3.Water Quality Sampling Method,Bottle Types,Preservatives,and Holding TIme. Analyte Method BottleNolume Preservative Holding Time Total Phosphorous EPA 36S.3 2S0 mL Poly Ethylene <4°C,H2SO 4 28 days Total Phosphorous SM 4S00-P E 250 mL Amber glass <4°C,H2SO 4 28 days TKN EPA 351.2 250 mL Poly Ethylene <4°C,H2SO 4 28 days NO,+NO,-N EPA353.2 250 mL Poly Ethylene <4°C,H2SO 4 28 days NO,+NO,-N EPA 300.0 125 mL HDPE <4°C 48 hours 3.8.2.Sample Naming Methodology Because several cities are coordinating together for this Plan,the identification and use of a specific water quality sample naming protocol is very important.Each sample will have the name of the specific monitoring site written first,the date in mmddyyyy format second,and a letter denoting the sample order (for multiple samples at one location on one day)last.Table 3.4 lists the sample naming protocol for each monitoring site. Table 3.4.Sample Nomenclature Monitoring Site Name Location Sample Numbering Solano Palos Verdes Estates Solano -mmddyyyy -A,B,C, 0,E,... Valmonte Rolling Hills Estates Valmonte -mmddyyyy -A,B, C,0,E,... RHE City Hall Rolling Hills Estates RHE City Hall-mmddyyyy -A, S,C,D,E,... Ranchview Rolling Hills Estates Ranchview -mmddyyyy -A, B,C,0,E,... Chadwick Rolling Hills Estates Chadwick -mmddyyyy -A,B, (,0,E,... Lariat Rolling Hills Estates Lariat -mmddyyyy -A,B,C, 0,E,... Page I 32 6-93 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 3.8.3.Chain of Custody Procedures The State Certified Laboratory will supply the Chain of Custody Forms that will be utilized by each of the Sampling Teams.An example of a Chain of Custody Form can be found in Appendix B.Chain of custody procedures will be used for all samples throughout the collection,transport,and analytical process to ensure the most accurate results.Samples will be considered to be in custody ifthey are (1)in the custodian's possession or view,(2)retained in a secured place (under lock)with restricted access,or (3) placed in a container and secured with an official seal such that the sample could not be reached without breaking the seal.The principal documents used to Identify sampies and to document possession will be the Field Conditions Data Sheet and the Chain of Custody Form. The chain of custody procedures will be initiated during sample collection.A Chain of Custody Form will be provided with each sample or group of samples.Each Sampling Team Member having custody of the samples will sign the Chain of Custody Form and ensure that the samples were not left unattended unless properly secured.Documentation of sample handling and custody will include the following: •Sample identification; •Type of sample; •Sample collection date and time; •Any special notations on sample characteristics or analysis; •Analyses to be performed; •The initials of the Sampling Team member that collected the sample; •The date the sample was delivered to/sent to the State Certified Laboratory;and •The shipping company and waybill information if shipped. Once samples have been collected,each Sampling Team will deliver the samples for chemical analyses with the respective chain of Chain of Custody Form to the State Certified Laboratory or coordinate with a reliable courier for sample drop off to the State Certified Laboratory.The completed Chain of Custody Form will be placed into a plastic envelope and kept inside the sampling cooler.Upon delivery to the State Certified Laboratory,the Chain of Custody Form will be signed by the person receiving the samples and by the person delivering the samples.Chain of custody records will be included in the final reports prepared by the analytical laboratories and will be considered an integral part of the report. 3.9.Health and Safety Concerns There is the potential for the Sampling Teams to be out in adverse conditions.Therefore,the safety of the Sampling Teams is of the upmost concern.The Sampling Team coordinator will prepare a health and safety plan and will train the Sampling Team on that plan.The following sections detail the methods that will be undertaken to ensure the safety of the Sampling Teams. 3.9.1.Traffic Hazards and Traffic Control Due to the fact that water quality monitoring often occurs in severe weather,there is potential for the Sampling Teams to be driving in poor conditions.It is important that all traffic rules and regulations as well as all traffic control signs and devices be obeyed in order to ensure Sampling Team safety. Vehicle traffic is also a major concern in water quality monitoring.Vehicle traffic can present a hazard to Sampling Teams when they are working close to roadways because there is a potential for a Sampling Team member to be hit by oncoming traffic.While working in areas with traffic,the Sampling Team will: Page I 33 6-94 Machado Lake Nutrient TMDL Palos Verdes Peninsuia Coordinated Monitoring Plan February 1,2011 •Park as far off the road as feasible to avoid interfering with traffic flow; •Utilize the vehicle's flashing yellow warning lights and hazard lights; •Use safety cones to mark off the work area and wear a reflective safety vest; •Place a yellow barricade around open manholes to clearly mark the area;and •Wear bright rain gear during storms to be more visible. 3.9.2.Inclement Weather Extreme heat,cold,humidity,and rain can adversely affect monitoring instrument response and reliability.Rain and wet conditions also increase slipping and tripping hazards,braking distances of • vehicles,and the potential for slippage or handling difficulties of field equipment.Winter storms will bring in colder than normal temperatures to the area.Sampling Teams should be prepared to work long hours in wet and cold conditions and should wear extra layers of clothing under rain gear since there may be a variety of temperature changes. Page I 34 6-95 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 4.Quality Assurance and Quality Control (QA/QC) This section discusses the quality assurance and quality control measures that will be implemented for both field and laboratory activities to verify that data quality objectives are being met under this Plan. 4.1.Field Sampling QA/QC Procedures The following quality assurance and quality control procedures will be implemented as part of the field sampling procedures that have been described in detail in Section 3. 4.1.1.Trip Blank • Sample bianks containing deionized water are provided by the State Certified Laboratory with each batch of sample bottles.The field Sampling Teams should ensure that trip blanks are kept on ice with the sample bottles as a check on proper temperature of preservation.Upon receipt of samples from the courier or field Sampling Team,the laboratory staff will check the temperature of the trip blank to confirm that samples have been properly held on ice at a temperature of 4'C or lower.Trip blanks will be included at a frequency of one per cooler. 4.1.2.Equipment Blank Although it is preferable to collect water samples directly into the sample bottle in order to minimize cross-contamination,this may not be feasible due to field conditions and/or to avoid flushing preservative from the sample bottles.When intermediate sampling apparatuses are necessary,they must be made of appropriate materiais for the project target analytes,and must be decontaminated at the start of sampling and between monitoring sites if the device is to be re-used.Any intermediate apparatuses that are used for collecting samples and dispensing them into sample bottles such as hand- held sampling devices,bailers and/or tubing will be tested with equipment blanks to evaluate the potential for cross-contamination associated with decontamination procedures. The sampling equipment should be thoroughly pre-cleaned and placed in a sealed bag or wrapped in protective covering priorto transport to the field.Pre-cleaning wili utilize either manual or ultrasonic techniques aided by Liquinox 8 (or other acceptable non-phosphate detergent),followed by a tap water rinse,and a final rinse with deionized water.It is preferable to dedicate a pre-cleaned sampling apparatus for each monitoring site in order to avoid the need for field decontamination,however depending on the type of equipment,this may be cost-prohibitive in which case field decontamination between monitoring sites will be necessary.Field decontamination of intermediate sampling apparatuses between monitoring sites will utilize manual scrubbing and three rinses with deionized water (no detergent). Effectiveness of pre-cleaning and/or field decontamination procedures will be evaluated by collecting an equipment blank for laboratory analysis.The equipment blank will be collected by pouring laboratory grade deionized water into the sampling device which has been decontaminated using the specified method and then transferring the water to a sample bottle.The equipment samples will be given a fictitious sample 1.0.,handled in the manner used for surface water/storm water samples,and submitted to the laboratory as "blind"samples.An equipment blank will be collected at a minimum frequency of once per sampling event for the first three sampling events and then the frequency reduced to one for every 20 samples (5%)or for every change in field personnel,decontamination methodology,or change in intermediate sampling device,whichever is more frequent. Page I 35 6-96 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 4.1.3.Duplicate Samples Duplicate samples are two samples collected at the same time and place in sequential order.Analysis of duplicate samples evaluates field sampling precision and sample homogeneity.A duplicate sample is to be collected as soon as possible after the initial surface water sample has been collected and will be subjected to identical handling and analysis.Duplicate samples will be given a fictitious sample I.D.and will be submitted to the laboratory as "blind"samples.Duplicate samples will be collected a minimum of once per sampling day.The location of the duplicate sample collection will be rotated among monitoring sites from one event to the next. Table 4.1.Field QA/QC Sample Collection Requirements QA/QC Samples Initial Frequency Ongoing Frequency (1 st three months) Trip blanks 1 per cooler 1 per cooler Field equipment method blanks 1 per decontamination method 1 per decontamination method per event per every 20 samples or at change In field crew, decontamination methodology, or sampling device whichever is more frequent Field duplicate samples 1 per event,rotating location 1 per event,rotating location 4.1.4.Collection of Sample for Laboratory Spike and Duplicate Analyses The State Certified Laboratory performs laboratory duplicate and spike analyses on environmental samples to evaluate accuracy,precision and potential matrix interference.Matrix spike and sample duplicate analyses should be performed by the laboratory by using project samples whenever possible. This requires that adequate sample volume is provided,consequently bottles will be filled leaving only a small head space.If an additional sample bottle is needed by the laboratory in order to perform Matrix Spike/Matrix Spike Duplicate analyses,field personnel will specify on the chain-of-custody form the sample to be used for the Matrix Spike/Matrix Spike Duplicate analyses. 4.1.5.Training Sessions and QA/QC Review Sampling Team personnel will receive training so that they are familiar with the field sampling plan and are aware of analysis holding times.Quality control and training sessions will be held prior to the start of sampling to verify the proper working order of field equipment,refresh monitoring staff in monitoring techniques and familiarize them with the field sampling plan.At least twice per year the Sampling Teams will consult with the QA manager to determine whether the data quality objectives are being met,and decide if any changes in field sampling methods are necessary. 4.2.Laboratory QA/QC A laboratory certified by the State of California in the analytical methods specified in this Plan will conduct the laboratory analysis of samples.Analytical methods to be used for laboratory analyses are listed in Table Table 4.2 Analytical Methods and Limits.The certified laboratory will maintain custody logs sufficient to track each sample submitted and to analyze or preserve each sample within specified holding times. Page I 36 6-97 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 Table 4.2 Analytical Methods and Limits Parameter Method Units Target Reporting Method Limit Detection Limit Total Phosphorus SM 4500 PoE mg/L 0.05 0.01 or EPA 365.3 Nitrate/Nitrite EPA 300.0 or EPA mg/L 0.1 0.03 353.2 Total Kjeldahl Nitrogen EPA 351.2 mg/L 0.1 0.07 (TKN). Method Detection Limit (MDL)-The MOL is the lowest concentration at which an analyte can be detected in a sample that does not cause matrix interferences (typically determined using spiked reagent water).In this context,"detected"means that a sample that contains the analyte detected at the MDL can be distinguished from a blank with 99%certainty.Detection limits are established by the laboratory during MDL studies using clean,undiluted matrix.If,during analysis,it is determined that a sample needs to be diluted prior to analysis,the detection limit will be modified based on the dilution and the detection limit adjusted by "best professional judgment". Reporting Limit (RL)6-The RL is the lowest concentration at which an analyte can be detected in a sample and its concentration can be reported with a reasonable degree of accuracy and precision.A criterion of ±20%accuracy and 20%relative standard deviation (RSD)for replicate determinations is often used to define "reasonable".The acceptable ranges depend somewhat on the analytical methodology used.For samples that do not pose a particular matrix problem,the RL is typically about three to five times higher than the MDL.Similar to the MDL,the RL is a laboratory-specific number, which may change with time.When a sample has to be diluted before analysis,either because of matrix problems or to get the instrument response within the linear dynamic range,the RL is raised by a factor corresponding to the dilution factor.This number may change with time. 4.2.1.Laboratory Performance Measurements The certified laboratory routinely includes performance measurements in the analysis stream as part of its internal OA/QC and certification requirements to assess whether data quality criteria are met.These results are reported along with results of project sample analysis.These types of laboratory performance OA/QC checks are briefly described below. 1.Method Blanks (also called extraction blanks or preparation blanks):These account for contaminants present in the preservative and analytical solutions and equipment used during the preparation and quantification of the parameter. 2.Injection Internal Standards and/or Surrogates:These account for error introduced by the anaiytical instrument or extraction process. 3.Matrix Spike Samples:These are field samples to which a known amount of contaminant is added and used to measure potential analytical interferences present in the field sample. 6California Department of Public Health Page I 37 6-98 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 4.Replicate Samples:These are replicates of extracted material that measure the instrumental precision. a.Laboratory Replicate Samples:These are replicates of the raw material that are extracted and analyzed to measure laboratory precision. b.Matrix Spike Replicate Samples:These are used to assess both laboratory precision and accuracy.They are particularly useful when the field samples analyzed do not contain many of the target compounds (measuring non-detects in replicate does allow the data reviewer to measure the precision or the accuracy of the data in an analytical batch). S.Certified Reference Materials (CRMs):Analysis of CRMs is another way of determining accuracy of the analysis by comparing a certified value of material with similar concentrations as those expected in the samples to be analyzed. 4.2.2.Reporting of Results Analytical results will be reported to the Quality Assurance Manager (QA Manager)within ten (10) business days (ten-day turnaround time).The certified laboratory will provide analytical data reports to the QA manager in electronic format along with summaries of QA/QC analyses and copies of the chain- of-custody forms.The certified laboratory quality assurance manager will review analytical data reports and ensure that data has been internally validated in accordance with the laboratory's published Standard Operating Procedures (SOPs)for each analytical method and that non-conformances are flagged and that the project QA Manager is promptly notified. Flagging of data: •Analytical results below the Method Detection Limit are to be reported as less than ("<") followed by the actual MDL value,and flagged with an "ND"or not detected. •Results reported by a laboratory at levels between the Reporting Limit and the Method Detection Limit are flagged with a "j"to indicate that the analyte is present but not within the range that can be reliably quantified. •Other QA qualification codes will be used if QC criteria are not met or qualification is deemed appropriate by the contract laboratory QA manager. 4.3.Quality Assurance Manager A QA Manager,independent of the field sampling contractor and laboratory,will be designated to verify that quality assurance and quality control procedures are being carried out in accordance with the Plan. The QA Manager will review laboratory data reports and field data sheets as well as chain-of-custody forms for conformance with procedures and data quality objectives specified in this Plan.The QA Manager will also perform periodic observations of field sampling procedures to confirm that the field methodology specified in this Plan is being followed.At least twice per year the QA Manager will consult with the field Sampling Team to discuss whether data quality objectives are being met and whether any modifications to the Plan or field sampling procedures are necessary or advisable.The QA Manager will also consult with the Peninsula Cities at least twice per year following the assessment of conformance with data quality objectives to advise them of any necessary or advisable modifications to the monitoring plan or field sampling procedures.Plan revisions will be submitted to Regional Board staff for review and approval. Page I 38 6-99 Machado Lake Nutrient TMDL Palos Verdes Peninsula Coordinated Monitoring Plan February 1,2011 5.Data Analysis and Reporting Monitoring in accordance with this Plan will continue until the Peninsula Cities have established compliance with final waste load allocations.Compliance will be based on three contiguous years of monitoring data wherein monthly average concentrations are at or below the final waste load allocations for Total Nitrogen and Total Phosphorous.Once compliance with final waste load allocations is established,the results of this monitoring plan and other available information may be used to revise the amount of monitoring required to demonstrate continued TMDL compliance under a revised monitoring plan or other Regional Board order.If final waste load allocations are established at one or more Tier 1 monitoring sites,but not at others,then reduced monitoring may be proposed at the compliant locations after three contiguous years of compliant monthly average data are achieved.• 5.1.Annual Monitoring Reports The data collected as described in this Plan shall be compiled and reported to the Regional Board annually beginning one year from the date of approval of the Plan.The report will include the resuits from the preceding year and will be submitted to the Regional Board within 45 days of the end of each reporting year.Compliance'will be based upon the monthly samples,or in the case of multiple samples being collected during one month,the monthly average. Data transmitted shall include: • A discussion of the Peninsula Cities'compliance with interim and finai waste load allocations and targets set for nutrients in Machado Lake. • A tabular database in Excel or Access format including:Sample Dates,Sample Locations, Laboratory Results,and Detection Limits. •Copies of field observation/sampling comment logs in PDF or equivalent format. • A discussion of any requested changes or modifications to this Plan along with supporting documentation. •Results of source tracking investigations included in an appendix A description of the technical design and rationale for source tracking investigations planned for the coming year will be included as an attachment or appendix to the annual monitoring report. The Annual Report shall be signed by the Executive Officer or authorized designee of the Peninsula City acting as current Chair in accordance with an MOA to be established among the Peninsula Cities,and transmitted electronically to the Regional Board.The certification shall read: 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,accurote,and complete.I am aware that there are significant penalties for submitting false information,including the possibility,of a fine and imprisonment for knowing violations. Executed on the day of ~,20,_ 7 Basin Plan Amendment,page 11,Implementation Plan Element Page I 39 6-100 Printed Name:Title:_ City of 5.2.Receiving Waters Limitation Compliance Reports In the event that any of the monitoring sites described herein are deemed out-of-compliance with interim or final waste load allocations,the annual monitoring reports prepared as part of this Plan may be used by the Peninsula Cities tributary to those monitoring sites to prepare individual Receiving Waters Limitation Compliance Reports (if required by the Regional Board). Page 140 • 6-101 Page I 41 Appendix A 6-102 Palos Verdes Peninsula Machado Lake Nutrient TMDL Coordinated Monitoring Plan Field Data Sheet-Page 1 Date:_ Site Name:_ Station ID No.:20___(Example:Site Name-MMDDYEAR-A) Time arrived on site:_ TIME OF SAMPLE COLLECTION (24-hr clock) Time (24-hr clock):Date:----.l----.l_Number of containers:_ FLOW MEASUREMENTS Depth of water:(in,ft)Width of flow:(in,tt) Flow rate:(gal/min or linear vel.)Time (24-hr c1ock):_ Depth of water:(in,tt)Width of flow:(in,tt) Flow rate:(gal/min or linear vel.)Time (24-hr clock):_ Depth of water:(in,tt)Width of flow:(in,ttl Flow rate:{gal/min or linear vel.)Time (24-hr clock):_ Page I 42 6-103 Field Data Sheet-Page 2 OBSERVATIONS:_ Water Conditions:(Circle the Appropriate Identifier) Odor:None,Musty,Sewage,Rotten egg,Sour milk,Fishy,Other:_ Color:None,Yellow,Brown,Grey,Green,Red,Other:_ Clarity:Clear,Cloudy,Opaque,Suspended Solids,Other:_ Floatables: Settleables: None,Oil sheen,Foam,Animal waste,Green Waste (Leaves),Food,Paper,Plastic, Grease,Hydrophytes,Trash,Other:_ None,Salt,Clay,Oil,Rust,Microbes,Other:_ Weeds:None,Normal,Excessive,Note:_ Biology:None,Algae bloom,Larvae,Crawfish,Frogs,Fish,Waterfowl,Hydrophytes,Blue-green algae, Other _ Sky:Stormy,Overcast,Partial clouds,Haze,Fog,Clear Wind:Calm,Light breeze,Strong breeze,Windy,Gusty Flow Characterization:Storm/Flood,Rapid,Tranquil,Laminar,Standing,Dry low Flow!No Flow Conditions Station ID No.:2D___(Example:Site Name-MMDDYEAR-A) Time (24-hr clock):_ Was there Flow?(Circle answer)YES NO If there was flow but no sample was taken,why was no sample taken?Explain: Time left site:_ Page I 43 (24-hr clock) 6-104 Page I 44 Appendix B 6-105 Example Chain of Custody Form ~.tllJ-Week Laboratories.Inc.CHAIN OF CUSTODY RECORD _......................e-.."'....<;.-..:.a,...... 14659 ElJ~t Cltuk AY-!nue:Industry:CA 91745 STANDARDT~I 626.J~-2139 •Fax 62&.336-2634 +\wNI.weckl<1bo.com P.1ge 1 Of 1 ",,~."".,'"'~v.Jt:-';,: r :;lnI'!O~Rn.h 's~~ r 2J Honr Ror.n 1(00'. A.DCRESS:PHONE:r J8·72I·bu,Rr..h 16';' FAX:r J -5 D!r,R....hJO';. EM~l.:r R'II••&v.<:!km~. r II)-15 Bu-j,,",cw!~ PRwl:.CT t.lN-IACER SAMPlER r QA.'CC 0slBP&c........ l..9fl1t1fYf a Y'CfVri!~...:.101 l'IY' ,[)O Do>TE TlLlE SUA...!C"f 0 0 :I 'P'"ent:;AMPUi Ir,"rITlFIc.a.nctl~Ti lOCAOCU "'fll'IJ>.oOll(l CAMPLEO ~"Pl.fO TYPE wrr c RELINQUISHED BY DATE/TIME RECEIVED BY SAMPLE CONOlnON: ~,IT~,n"'rr.U)::.l.q.rta..o. tl;5.:lion AqJK..n R=':;~ RELINOUISHED BY DATE/TIME RECEIVED BY ecr'·,ed On Ic..'(IU D'N =Dritllcing •.....Ioef ~"erved YIN 'N.V"W.t1~Wtf.~1 'i69nc.:Mill.P,.....nl Y ..I~R'Ii =R:iin W,It< ::cn.1lnf'l Allr.h·J VIII G,v t:~"'C<Jft'I W"," RELINOUISHED BY DATElm~E RECEIVED BY eoIf'lVedlll La"'(,I"00=$01 s.v ='::"1>:1 '10.."., ~~;:,:.,M.llj.o PRE SCHEDULED RUSH ANOoLYSES WILL TAKE PRIORITY .J ..C'".~''''C:''lC.'~';;i/V OVER UtlSCHEOUlED RUSH REOUESTS Cllenl &:I"MGIo Tern"a CondiDcn,at:•..""'.•""-'It>'o.":~· Page I 45 6 - 1 0 6 Page 146 AppendixC • 6-107 Monitoring Site Summary Site ID:Solano Type:Tier 1 dry and wet weather Tributary Agencies: Palos Verdes Estates Site ID:Valmonte Type:Tier 1 dry and wet weather Tributary Agencies: Rolling Hills Estates Rancho Palos Verdes Palos Verdes Estates Page I 47 Land Uses:residential,elementary school, Tributary Area:144 acres Land Uses:residential,residential with horse keeping,schools,municipal stable,religious,parks, open space Tributary Area:415 acres (Valmonte Canyon and Ferncreek) 6-108 Site 10:RHE City Hall Type:Tier 1 dry and wet weather Tributary Agencies: Rolling Hills Estates Rancho Palos Verdes Rolling Hills County unincorporated Site 10:lariat Type:Tier 1 dry weather observation and wet weather sampling Tributary Agencies: Rolling Hills Rolling Hills Estates Page I 48 land Uses:Commercial,residential,low-density single family residential,K-12 schools,municipal facilities,religious facilities, arterial roadways Tributary Area:1245 acres (860 acres from RDD 275 and 385 acres from Ranchview and Chadwick Canyons).Note:this includes 334 acres of County unincorporated which is not counted in PVP incorporated cities oreo. land Uses:low density residential, residential,some residential horse keeping Tributary Area:602 acres (Agua Magna,Sepulveda and Blackwater Canyons) 6-109 Site 10:Valmont Cyn Type:Tier 2 subdrainage of Valmonte Tributary Agencies: Palos Verdes Estates Rolling Hills Estates Site 10:Ferncreek Type:Tier 2 subdrainage of Valmonte Tributary Agencies: Rolling Hills Estates Page 149 Land Uses:residential,residential with horse keeping,schools, municipal stable,religious,parks,open space Tributary Area:TBD Land Uses:residential,residential with horse keeping,open space Tributary Area:TBD 6-110 Site 10:Ranchview Land Uses::Residential,K-12 schools,arterial roadways Type:Tier 2 subdrainage of RHE City Tributary Area:TSD Hall Tributary Agencies: Rancho Palos Verdes Rolling Hills Estates Site 10:Chadwick Land Uses::Residential,K-12 schools,arterial roadways Type:Tier 2 subdrainage of RHE City Tributary Area:TSD Hall Tributary Agencies: Rancho Palos Verdes County unincorporated Page I SO 6-111 Site 10:RDD 27STrap land Uses::Commercial,residential,low-density single family residential,municipal facilities,religious facilities,arterial roadways Type:Tier 2 subdrainage of RHE City Tributary Area:TBD Hall Tributary Agencies: Rolling Hills Estates Rancho Palos Verdes Rolling Hills County unincorporated Site 10:Blackwater Type:Tier 2 subdrainage of lariat Tributary Agencies: Rolling Hills Page I 51 land Uses::low-density single family residential Tributary Area:TBD • 6-112