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HomeMy Public PortalAboutResolution 11-4748 Stormwater NPDES Permit and TMDL Requirements1 1 RESOLUTION NO. 11 -4748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CALIFORNIA, SUPPORTING REASONABLE, PRACTICABLE, AND ECONOMICALLY ACHIEVABLE STORMWATER NPDES PERMIT AND TMDL REQUIREMENTS, THROUGH THE USE OF PROGRESSIVE AND ADAPTIVE BEST MANAGEMENT PRACTICES THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City of Temple City is proud of its environmental programs and invests significant resources in improving water quality by implementing both federal and state environmental programs, including the National Pollution Discharge Elimination System (NPDES) permits and the Total Maximum Daily Load (TMDL) program; and WHEREAS, the United States Environmental Protection Agency (USEPA) is governed under a consent decree issued by a federal district court in 1999 which requires USEPA to adopt 96 TMDLs for water bodies in the Los Angeles region, under an accelerated time schedule; and WHEREAS, the State of California, through the State Board and Regional Board, has been designated by the USEPA to enforce federal storm water regulations, including the municipal NPDES permits and TMDLs, under the Clean Water Act; and WHEREAS, TMDLs are the means by which water quality standards are applied to the municipalities and TMDLs are specifically designed to achieve beneficial uses of water bodies by limiting the amount of pollutants in runoff conveyed to them; and WHEREAS, TMDLs are typically implemented 'and enforced against local governments through the Municipal NPDES permits and that the Clean Water Act allows for third -party litigation /citizen suits against local governments if they fail to comply with their NPDES permit requirements; and WHEREAS, the USEPA and the Regional Board have adopted dozens of TMDLs since 2001 and additional TMDLs are pending adoption under the consent decree; and WHEREAS, the Regional Board has already incorporated into the current NPDES permit a trash TMDL for the Los Angeles River and a bacteria TMDL for Santa Monica Bay, and plans to include in the permit dozens of other TMDLs affecting Ballona Creek, Calleguas Creek, Dominguez Channel, Los Angeles River, San Gabriel River, and Santa Clara River watersheds; and WHEREAS, a study commissioned by the United States Environmental Protection Agency (USEPA) concluded that the storm water management program (including TMDLs) in the United States is dysfunctional and in need of radical change; WHEREAS, the USEPA study concluded that the cost of complying with TMDLs would impose upon subject local governments tremendous costs that may not result in a significant improvement in water quality; WHEREAS, a Government Accounting Office (GAO) report commissioned by Congress found that compliance with existing TMDL regulations has been problematic and that limitations in USEPA's economic analysis of the NDPES and TMDL programs raises questions about their reasonableness (GAO/T- RCED -00- 233); and Resolution No. 11 -4748 Page 2 WHEREAS, the GAO also found that states have had difficulty in developing accurate water quality standards for the TMDL program due to a lack of financial resources and that, as a consequence, local governments risk directing limited resources to water bodies that have been incorrectly targeted for clean -up (GAO- 03- 881T); and WHEREAS, the State's non - partisan Little Hoover Commission found in its January of 2009 report that local governments, representing small, poor communities, as well as larger, richer urban areas, are struggling to pay for upgrades needed to protect the state's waters and that urban storm water is a vexing problem with costly solutions, yet the State has not developed an adequate system for assessing and prioritizing the problems; and WHEREAS, the State Water Board commissioned a panel of experts to report on the feasibility of relying on numeric limits in municipal NPDES permits and the panel reported on June 19, 2006 that "it is not feasible at this time to set enforceable numeric effluent criteria for municipal BMPs and in particular urban discharges "; and WHEREAS, the League of California Cities adopted statewide water policy guidelines in March of 2010 supporting the development of reasonably achievable, environmentally sound and cost - effective TMDLs based on monitoring and sound science, and opposes legislation that requires the use of numeric limits in NPDES permits, because of the difficulties in meeting numeric limits, problems with exceeding numeric limits and the costs and potential enforcement impacts of numeric limits; and WHERAS, federal regulations allow for flexibility and provide discretion to the states when imposing NPDES permit requirements and developing TMDL programs, and USEPA has adopted Interim Permitting Approach for Water Quality -Based Effluent Limitations in Storm Water Permits, which allows municipalities to employ best management practices (BMPs) as a reasonable, practicable and economically achievable method to improve water quality in lieu of incorporating numeric limits into NPDES permits; and WHEREAS, a recent USEPA memorandum reaffirmed the use of BMPs in addressing water quality based effluent limits (WQBELs) as a means of complying with TMDLs in NPDES storm water permits. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF TEMPLE CITY: SECTION 1. That the City of Temple City supports the California League of Cities statewide policy that TMDLs be reasonably achievable, environmentally sound, cost - effective and based on monitoring and sound science. SECTION 2. That the City of Temple City supports the California League of Cities statewide policy that generally opposes strict compliance with numeric limits in municipal NPDES Permits because of the difficulties in meeting them, problems with exceeding them, and the costs and potential enforcement impacts. SECTION 3. That the City of Temple City recommends that the Regional Board allow the municipalities to comply with TMDLs through reasonable, practical, and economically achievable BMPs, in a progressive and adaptable manner. SECTION 4. That the City of Temple City recommends that this BMP compliance approach be included in the upcoming municipal NPDES permits in Los Angeles County, in lieu of absolute compliance with numeric limits by whatever means necessary to achieve such compliance. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions. 1 1 1 1 1 1 Resolution No. 11 -4748 Page 3 PASSED, APPROVED AND ADOPTED on this 19th day of April 2011. Mayor ATTEST: I1 i Q-01,\A4Adt-t City Clerk 0 I hereby certify that the foregoing resolution, Resolution No. 11 -4748, was adopted by the City Council of the City of Temple City at a regular meeting held on the 19th day of April 2011 by the following vote: AYES: Councilmember -Blum, Sternquist, Vizcarra, Yu, Chavez NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None L,.4 City Clerk U