HomeMy Public PortalAbout96-102 (07-12-96)RESOLUTION NO. 96 -102
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD URGING THE REGIONAL WATER QUALITY
CONTROL BOARD TO RETURN TENTATIVE ORDER
NO.96 -XXX (NPDES NO. CAS614001,) WASTE
DISCHARGE REQUIREMENTS FOR MUNICIPAL STORM
' WATER AND URBAN RUNOFF DISCHARGES WITHIN
THE COUNTY OF LOS ANGELES, TO STAFF FOR
RESOLUTION OF ISSUES OF UNFUNDED MANDATES,
ECONOMIC IMPACTS AND DEVELOPMENTS OF MORE
CERTAIN AND ACHIEVABLE GOALS AND OBJECTIVES,
BASED ON RELEVANT STANDARDS AND STUDIES.
WHEREAS, The City Council of the City of Lynwood, is committed to taking all steps
necessary for the City to be in full compliance with the requirements of the Clean Water Act;
WHEREAS, The City Council of the City of Lynwood, is committed to cooperation with
the Regional Water Quality Control Board to develop a workable and effective Order for Waste
Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the
County of Los Angeles (NPDES CAS 61400 1) which will implement the requirements of the Clean
Water Act;
WHEREAS, The Staff of the Regional Water Quality Control Board has drafted a
Tentative Order for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff
Discharges Within the County of Los Angeles (NPDES No. CAS 61400 1) which is scheduled for
public hearing on July 15, 1996;
' WHEREAS, Finding 4 of the Tentative Order cites only a federal guidance document
which is general in nature, and not studies shown to be relevant to water bodies in Los Angeles
County,
WHEREAS, Findings 5 and 6 of the Tentative Order are relevant only to studies of
conditions of the Santa Monica Bay and no scientific basis has been presented for extrapolating
those studies to any or all other water bodies in Los Angeles County;
WHEREAS, Certain pollutants present in stormwater are contributed by activities which
the permittees cannot control, despite full implementation of all provisions of the Tentative Order;
WHEREAS, It is a fact of nature beyond the control of Permittee Cities that whenever it
rains in Los Angeles County, storm water discharges will occur;
WHEREAS, Streets, curbs and gutters are designed to convey water into storm drains;
WHEREAS, The Clean Water Act does not require and it is beyond the legal authority
of the Board to require the impossible, or to require absurd results (Hughey v JMS Development Corp.,
42 ERC 1449 (11th Cir., April 1, 1995);
WHEREAS, Inclusion of narrative receiving water limitations that require that stormwater
discharges neither cause violations of water quality objectives, nor cause conditions of nuisance in
receiving waters would hold the Permittees to an impossible standard and would expose them to litigation
with respect to pollutants contributed by activities which they cannot control, which litigation would be
baseless in the absence of the inclusion of receiving water limitations in the Order;
WHEREAS, The findings of the Tentative Order fail to specify which water bodies in the
Count y of Los Angeles have which beneficial uses, raising the possibility of claims or lawsuits
alleging that all water bodies in the County are to have all beneficial uses listed in the Findings,
including such mutually exclusive beneficial use as ocean commercial fishing and cold freshwater
habitual;
WHEREAS, The State Water Resources Control Board has issued a General Industrial
Activities Storm Water Permit (the "GIASP ") and a General Construction Activity Storm Water
Permit ) the " GCASP ");
WHEREAS, The administration of the GIASP and the GCASP are the responsibility of
the Regional Water Quality Board, not the Permittee Cities;
WHEREAS, The Tentative Order, if adopted, would impose significant conditions and
requirements which are to be based on future studies and require future actions which have not
been identified and are not new identifiable;
WHEREAS, The Tentative Order, if adopted, would impose financial obligations which
are not now quantifiable, and are of indeterminate, but significant magnitude;
WHEREAS, The Tentative Order, if adopted, would require the City Attorney to
represent to the Board that the City has the authority to enact laws with respect to the disposal of
hazardous substances and hazardous wastes, and the use of pesticides, which are matters
preempted by federal and state law and beyond the authority of the City;
WHEREAS, The Tentative Order, if adopted would require the City Attorney to represent
to the Board that the City has the authority to enact laws with respect to matters which the board
has defined in only vague and ambiguous terms, and not in the manner prescribed by federal
regulations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 The City Council of the City of Lynwood calls upon the Regional Water
Quality Control Board to direct its Staff to revise the Tentative Order to:
A. Prepare Findings based on relevant, sound scientific studies specific to the water
bodies to which they are to be applicable;
B. Delete the Receiving Water Limitations as permit requirements;
C. Specifically identify, in proposed findings, the beneficial uses of each body of water in
the County of Los Angeles, based on studies which are demonstrated to have a valid
scientific basis and which are demonstrated to be applicable to the water body in
question;
D. Delete requirements that the Permittees are to administer all or any part of the GIASP
and the GCASP as those are the responsibility of the RWQCB and to require the
Permittee cities to administer them would be to impose an unfunded mandate;
E. Delete findings and requirements which would impose artificial and unreasonable
exposure to liability on the part of Permittees;
F. More specifically identify the responsibilities of the Permittees in order that their
respective elected officials will be able to appreciate the financial impact of the
Tentative Order.
G. Revise the provision relative to representations as to the legal authority of the City to
conform to the requirements of the governing federal regulations and the US EPA
Guidance Manual.
SECTION 2. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 12th day of J uly 1996.
PAUL H. RICHARDS, Mayor
City of Lynwood
ATTEST:
J
ANDREA L. HOOPER, City C erk
City of Lynwood
APPROVED AS TO FORM:
\U11 P l Ati
City Attorney
City of Lynwood
APP VED AS TO CONTENT:
FAU GO E
City Manager
Emilio M. Miurga
Assistant City M e
Director of Public Works
STATE OF CALIFORNIA
S.
COUNTY OF LOS ANGELES 1
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing
resolution was passed and adopted by the City Council of the City of Lynwood at a regular
meeting held on the 12th day of July 1996.
AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: NONE
STATE OF CALIFORNIA )
S.
COUNTY OF LOS ANGELES)
City Clerk, City of Lynwood
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said
City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution
No. 96 -102 on file in my office and that said resolution was adopted on the date and by the
vote therein stated. Dated this 12th day of July 1996.
City Clerk, City of Lynwood
NPDES2