HomeMy Public PortalAboutResolution 96-35241
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RESOLUTION NO. 96 -3524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY 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 DEVELOPMENT OF MORE CERTAIN AND
ACHIEVABLE GOALS AND OBJECTIVES, BASED ON RELEVANT
STANDARDS AND STUDIES
WHEREAS, the City Council of the City of Temple City 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 Temple City 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 No. CAS 614001) 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 614001) 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 (lth 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 the receiving water limitations in the Order;
Resolution No. 95 -3524
Page 2
WHEREAS, the Findings for the Tentative Order fail to specify which water bodies in the County
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 uses as ocean commercial fishing and cold freshwater habitat;
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 Control 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 now 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;
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Temple City 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. Reconsider 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. Reconsider 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. Reconsider findings and r.:::uirements 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;
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Resolution No. 95 -3524
Page 3
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 to the passage and adoption of this resolution.
APPROVED AND ADOPTED this 2nd day of July, 1996.
MAYOR
ATTEST:
ty Clerk
APPROVED AS TO FORM:
City Attorney
I hereb • ify that the foregoing resolution, Resolution No. 96 -3524 was duly adopted by the City
Council of tJi - City of Temple City at a regular meeting held on the 2nd day of July, 1996.
AYES: Councilman - Breazeal, Budds, Gillanders, Wilson
NOES: Councilman-None
ABSENT: Councilman - Souder