HomeMy WebLinkAboutResolution No. 5974 RESOLUTION NO. 5974
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING THE
CALIFORNIA REGIONAL WATER QUALITY BOARD, LOS ANGELES REGION, TO
DEFER ISSUANCE OF THE TENTATIVE ORDER NO. 96 -XXX (NPDES NO.
CAS614001) (WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL
STORMWATER AND URBAN RUNOFF DISCHARGES WITHIN LOS ANGELES
COUNTY) AND TO DIRECT ITS STAFF TO RESOLVE ISSUES OF LACK OF
SCIENTIFIC BASIS FOR REQUIREMENTS, AND TO DEVELOP A REASONABLE AND
COST - EFFECTIVE PROGRAM TO IDENTIFY AND MITIGATE LOCAL RECEIVING
WATER POLLUTION
WHEREAS, the City Council of the City of Downey is committed to taking all
steps required for the City to be in full compliance with the requirements of the
Clean Water Act, and
WHEREAS, City staff has been working for over a year with the California
Regional Water Quality Control Board, Los Angeles Region (RWQCB) staff and
representatives from the 85 cities in Los Angeles County, as well as, the County
itself to come to consensus on the terms of a new municipal National Pollution
Discharge Elimination System (NPDES) Permit for Los Angeles County, and
WHEREAS, the RWQCB staff has issued a tentative order which will impose
a new municipal stormwater and urban discharge permit on all of Los Angeles
County, and
WHEREAS, the tentative order greatly exceeds the legal authority of the
RWQCB in that it exceeds the requirements of the Clean Water Act and the
implementing Federal regulations, and
WHEREAS, the findings and requirements of this tentative order do not
comply with the Clean Water Act, or are not based on any sound scientific
examination of the impact of stormwater and urban runoff, and
WHEREAS, these requirements will impose significant additional costs, not
only on the City, but will require businesses and industry within the City to incur
additional expense to comply with the program, without any demonstratable benefit
to the City or receiving waters, and
WHEREAS, the estimated cost to the City is many times the money currently
being spent and
WHEREAS, compliance with the requirements of this permit may constitute
an unfunded mandate; and
WHEREAS, many aspects of the proposed program will be defined and
developed after the issuance of the permit, and
WHEREAS, the proposed permit will obligate Downey to implement as -yet-
undeveloped County model programs at yet- to -be- determined costs, denying the
City the ability to evaluate the costs of participating in these programs, and
RESOLUTION NO. 5 974 - PAGE 2
NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM ( NPDES)
WHEREAS, the tentative order contains provisions that would allow the
RWQCB to impose additional requirements as it sees fit after adoption, without a
public hearing process, denying the City the opportunity to comment, or to
effectively plan or budget for expenses, and
WHEREAS, certain businesses and industries in Downey are regulated under
either a General Industrial Activities Stormwater Permit ( GIASP) or a General
Construction Activity Permit ( GCASP) issued b y the State Water Resources Control
Board, and
WHEREAS, the administration and enforcement of the GIASP and the GCASP
within the City of Downey are the responsibility of the RWQCB, not of the City of
Downey, and
WHEREAS, the tentative order will require the City of Downey to inspect •
businesses in Downey, including those subject to the GIASP and GCASP permits,
to evaluate their stormwater and urban runoff management practices under a
program called "educational site visits," and
WHEREAS, City staff would be required to conduct inspections of many
types of businesses including gas stations, auto accessories stores, restaurants, car
dealerships, and manufacturing facilities, and
WHEREAS, City inspectors would be required to determine whether each
business is, or should be, in possession of any RWQCB permits, to report violators,
to follow -up for compliance after the initial inspection, and to prosecute
noncompliance, and
WHEREAS, this tentative order fails to identify p ollutants that have
measurable impact on the beneficial uses of the receiving water and fails to
demonstrate that facilities within the City of Downey contribute significant
amounts of pollution to those receiving waters, and
WHEREAS, the order imposes unreasonable reporting requirements on cities, •
and
WHEREAS, compliance with the Municipal NPDES Permit should be premised
upon implementation of best management practices (BMP's) to reduce the
discharge of pollutants to the maximum extent practicable, as determined in the
Clean Water Act, and
WHEREAS, the concerns of Downey and other affected cities regarding the
costs, legality, lack of scientific basis and expected effectiveness of the
requirements have been repeatedly expressed to the RWQCB staff, but have not
p y p ,
been answered in the proposed order, and
WHEREAS, a public hearing on the proposed permit will be held on July 15,
1996,
RESOLUTION NO. 5974 - PAGE 3
NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES)
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey calls upon the Regional
Water Quality Control Board to defer issuance of the tentative order, and to direct
its staff to revise the tentative order as follows:
A. Prepare findings based on relevant, sound scientific data specific to
the receiving waters in accordance with the Clean Water Act;
B. Identify the negative impacts on the receiving waters of specific
pollutants, and develop a program of mitigation that is measurable, cost - effective
and reasonable;
C. Delete requirements which impose obligations on the City of Downey
which are the rightful responsibilities of the RWQCB;
D. Develop record keeping and reporting requirements which will provide
meaningful data concerning the receiving waters, rather than generate unreasonably
duplicative reports and statistics;
E. Replace "to be determined" elements of the progress with clearly
defined, well- thought -out elements for which there is a scientific basis prior to the
issuance of a permit; •
F. Delete findings and requirements which do not comply with the Clean
Water Act, or which lack a sound scientific basis and which would, therefore,
expose the City of Downey to unreasonable risks of lawsuit by third parties;
G. Insert a provision in the permit, thereby the RWQCB agrees to reopen
negotiations on the requirements imposed on cities under this permit if Congress
modifies the Clean Water Act during the term of this permit;
H. Develop a funding mechanism to assist cities in meeting the cost of
complying with the requirements of this permit;
I. Work in good faith with the affected cities to carry out all of the
above.
SECTION 2. This Resolution shall take effect immediately upon its adoption
by the City Council, and the City Clerk shall certify the vote adopting this
Resolution.
RESOLUTION NO. 5974 - PAGE 4
NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES)
APPROVED AND ADOPTED THIS 9 th day of J ul y , 1996.
• J
, JI raw E L . LAWRENCE , Mayor
ATTEST:
J . H E . MC DONNELL , City Clerk
I HEREBY CERTIFY that the foregoing Resolution was approved and adopted
at a regular meeting of the City Council of the City of Downey held on the 9th
day of July , 1996, by the following vote:
AYES: 3 Council Members: Brazel ton , Ri 1 ey, Lawrence
NOES: OCouncil Members: None
ABSENT:2Council Members: Boggs , McCaughan
4
JU ► TH E . MC DONNELL, City Clerk
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