HomeMy WebLinkAboutResolution No. 11-7260 - Support League of CA Cities NPDES and TMDLRESOLUTION NO. 11-7260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUPPORTING THE LEAGUE OF CALIFORNIA CITIES. LOS ANGELES
COUNTY DIVISION’S RESOLUTION CALLING FOR REASONABLE AND
ECONOMICALLY ACHIEVABLE. MUNICIPAL STORM SEWER SYSTEM
(NPDES) PERMITS AND TOTAL MAXIMUM DAILY LOADS (TMDL)
REQUIREMENTS.
WHEREAS, the City of Downey is proud of its ongoing environmental programs and
invests significant resources in improving water quality through implementation of federal, state
and local environmental programs, including National Pollutant Discharge Elimination System
(“NPDES'’) permits that now include Total Maximum Daily Loads (“TMDL”) limitations; and
WHEREAS, the League of California Cities (“California League”) adopted statewide
water policy guidelines in March of 2010 supporting development of reasonably achievable,
environmentally sound, and cost-effective TMDLs based on sound scientific principles, and
opposes the use of numeric effluent limits in Municipal Separate Storm Sewer System (“MS4”)
NPDES permits, because of the difficulties that Cities will have in meeting numeric effluent
limits, the problems that Cities will have if they exceed numeric effluent limits and the potential
cost impacts of numeric effluent limits on Cities should they fail to meet them; and
WHEREAS, on February 16, 201 1 the League of California Cities, Los Angeles Division
(hereinafter the “League”) adopted a resolution supporting the California League’s opposition to
requiring strict compliance with numeric limits and will contact the United States Environmental
Protection Agency, the State Water Resources Board (“State Board”) and the Los Angeles
Regional Water Quality Control Board (“Regional Board”) to request that they rely upon
reasonable, practicable, and economically achievable MS4 NPDES permit requirements for
Cities in Los Angeles County, in accordance with the Clean Water Act (see Exhibit “A”); and
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WHEREAS, the League’s resolution is timely since the Regional Board is now preparing
to draft and issue MS4 NPDES permits to Los Angeles County Cities in the upcoming months
and the League is communicating that the Cities are formally requesting the use of reasonable
Best Management Practices (“BMPs”) as a means of implementing TMDLs within MS4 NPDES
permits, rather than having the Regional Board mandate compliance through numeric limits; and
WHEREAS, the adoption of TMDLs was formulated through a Federal Consent Decree,
with 23 TMDLs currently in effect, five additional TMDLs in development, and numerous
additional TMDLs contemplated for adoption in the immediate future; and
WHEREAS, the section of the Clean Water Act which concerns MS4 NPDES permits
states that they “shall require controls to reduce the discharge of pollutants to the maximum
extent practicable (MEP),” including “management practices, control techniques and systems,
design and engineering methods, and such other provisions as the Administrator or the State
determine appropriate for the control of such pollutants,” and that each of those controls is
subject to the limitations imposed by the Maximum Extent Practicable (“MEP”) standard; and
WHEREAS, the implementation of TMDLs through the use of reasonable BMPs to the
MEP has occurred in numerous other NPDES permits and is widely considered a compliance
RESOLUTION NO. 11-7260
PAGE TWO
methodology that encourages the use of non-numeric Water Quality Based Effluent Limitations
(“WQBELs”) as a means of implementing TMDLs; and
WHEREAS, the use of non-numeric WQBELs would avoid requiring the City of Downey,
as a MS4 NPDES permittee, to strictly comply with numeric effluent limitations associated with
TMDLs by encouraging compliance through implementation of MEP BMPs; and
WHEREAS, it is a City of Downey position that if the Regional Board imposes numeric
effluent limits, instead of non-numeric WQBELs based on the use of MEP compliant BMPs to
implement the TMDLs placed into the MS4 NPDES permit, that the State and Regional Boards
will be imposing State mandates on the City that exceed the requirements of federal law and will
thereby result in enormous compliance costs having to be funded by the State of California; and
WHEREAS, the City will continue to promote the use of non-numeric WQBELs in the
form of MEP complaint BMPs, including implementation of Green Infrastructure and Low Impact
Development (LID) concepts that comply with MS4 NPDES permit requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Downey Staff shall (a) explore reasonably and economically
achievable compliance methods, based on the environmental characteristics of the water bodies
into which the City of Downey drains and the need for development of housing and other factors
and requirements as set forth under State law (b) work with the State and Regional Boards, as
well as elected and appointed officials at all levels of government to utilize MEP compliant
BMPs to implement MS4 NPDES permit and TMDL requirements, rather than numeric effluent
limits; and (c) comment on, and oppose, efforts by the State Board, Regional Board or United
States Environmental Protection Agency, to require MS4 NPDES permits and TMDL
compliance through the use of numeric effluent limits, where the use of such numeric effluent
limits are not explicitly required by the Clean Water Act.
SECTION 2. The Mayor is directed to communicate with appropriate State and Federal,
elected and appointed, officials to convey the City of Downey’s support for the League’s
Resolution regarding implementation of TMDL objectives through the use of non-numeric
WQBELs, expressed as MEP compliant BMPs.
SECTION 3. The City of Downey Staff shall return to the City Council should the State
Board, Regional Board or United States Environmental Protection Agency impose numeric
effluent limits in MS4 NPDES permits, rather than MEP compliant BMPs such that the City
Council could then consider filing administrative claims and petitions, including additional Test
Claims to the California State Commission on Mandates.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
I RESOLUTION NO. 11-7260
PAGE THREE
APPROVED AND ADOPTED this 12th day of April, 2011.
-EuIS H. MARm7@aJ8F
Al-rEST:
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I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 12th day of April, 2011, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Brossmer, Gafin, Guerra, Vasquez, Mayor Marquez
Council Member: None
Council Member: None
Council Member: None
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