TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement with San Bernardino County Flood Control District.
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RECOMMENDATION
Approve the National Pollutant Elimination System Stormwater Permit Implementation Agreement between the City of Chino and the San Bernardino County Flood Control District and authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
The cost share for the member agencies of the Area-Wide San Bernardino County Stormwater Program is calculated using a formula based on an equal share allocation, population, and land area. The resulting cost share percentage is then applied to four program budget categories: Monitoring, Public Education, Program Management, and Training.
Sufficient funds are budgeted in the FY2026-27 Adopted Budget in the Storm Drain Program.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
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Revenue: |
Expenditure: 5407370-43650 |
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Transfer In: |
Transfer Out: |
BACKGROUND
The Santa Ana Regional Water Quality Control Board (Region 8) regulates stormwater and urban runoff discharges under the provisions of the federal Clean Water Act via National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permits. Historically, the Regional Water Board issued separate, individual MS4 permits for the urbanized portions of Orange, Riverside, and San Bernardino counties. The Regional Water Board has shifted its regulatory framework to adopt a single, unified regional MS4 permit (Tentative Order No. R8-2026-0034) covering municipal jurisdictions across the Santa Ana River watershed, including San Bernardino County and its incorporated cities. Under this upcoming regional permit structure, co-permittees are legally required to cooperate, coordinate compliance measures, and define administrative roles and responsibilities to implement the mandated stormwater programs effectively.
To satisfy these regulatory coordination requirements, the incorporated cities within San Bernardino County, alongside the County and the San Bernardino County Flood Control District, must enter into a formal Implementation Agreement. The agreement outlines the cooperative framework, cost-sharing mechanisms for joint studies, data collection, monitoring programs, and administrative protocols required to manage regional compliance under the new Region 8 MS4 Permit.
ISSUES/ANALYSIS
The National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement has a few key considerations:
1) Inter-Agency Coordination and Governance: The Implementation Agreement establishes clear structural protocols for how the co-permittees will collaborate. Since stormwater flows across municipal boundaries, a unified approach is necessary to manage monitoring data, public education programs, and regional compliance reporting required by the Santa Ana Water Board.
2) Cost-Sharing and Administrative Responsibilities: Implementing the updated MS4 permit mandates extensive monitoring, structural and non-structural best management practices (BMPs), trash control provisions, and industrial/commercial inspection programs. The agreement provides the framework to allocate shared responsibilities equitably, minimizing duplication of effort and administrative overhead among the participating cities and the County.
3) Legal and Regulatory Protection: Executing the Implementation Agreement is a procedural prerequisite mandated by the regulatory framework.
Failure of co-permittees to execute a binding implementation framework can expose individual cities to heightened regulatory enforcement, third-party lawsuits, and non-compliance penalties from the Regional Water Board. By entering into this agreement, the City of Chino aligns itself with a united regional defense and coordinated compliance posture, ensuring responsible long-range planning and public service excellence through robust external partnerships.
Therefore, City staff recommends that the City Council approve the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement with the San Bernardino County Flood Control District.
Attachment: National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement