HomeMy WebLinkAboutResolution No. 6329 RESOLUTION NO. 6329
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AUTHORIZING THE FILING
OF A PETITION TO THE STATE WATER RESOURCES
CONTROL BOARD CONTESTING ACTION TAKEN BY THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD, LOS ANGELES REGION, AND ITS EXECUTIVE
OFFICER IN CONNECTION WITH LARWQCB ORDER NO. 96 -054
WHEREAS, the City of Downey ( "City ") was issued a Permit from the Los
Angeles Regional Quality Control Board ( "Regional Board ") on July 15, 1996, Order No.
96 -054 of the Regional Board, which serves as the City's National Pollutant Discharge
Elimination System ( "NPDES ") Permit under the Federal Clean Water Act, as well as
Waste Discharge Requirements for the City under the Porter Cologne Act. This Permit
became effective on July 31, 1996, and will expire on its own terms on June 30, 2001;
and
WHEREAS, under the Permit, the City, along with all other incorporated cities in
the County of Los Angeles (except the City of Long Beach), and the County of Los
Angeles itself, as a Permittee was required to submit a Standard Urban Stormwater
Mitigation Plan ( "SUSMP ") to the Executive Officer of the Regional Board for his review
and approval or disapproval; and
WHEREAS, the SUSMP was to incorporate appropriate elements of the Best
Management Practices approved by the Regional Board in April of 1999, and was to
apply to certain specified development categories to require applicants of such projects
to submit an Urban Storm Water Mitigation Plan that implements, to the maximum
extent practicable, appropriate requirements and measures to minimize impacts from
storm water run -off, and to reduce storm water pollutant to the maximum extent
practicable, along with other requirements as specified in Order No. 96 -054; and
WHEREAS, a SUSMP Program, on behalf of the Permittees was in fact
submitted to the Executive Officer of the Regional Board in July of 1999 and thereafter
resubmitted to address certain Regional Board staff comments in August of 1999; and
WHEREAS, the SUSMP Program submitted to the Regional Board's Executive
Officer by the Permittees has to date not been formerly approved or disapproved in
accordance with the Administrative Review Process set forth in Order No. 96 -054; and
WHEREAS, on September 16, 1999, unilateral Regional Board staff proposed
changes to the Permittees' SUSMP Program were discussed before the Regional Board
at a public workshop. At that time, the Regional Board took no formal action, but
instead determined to continue the matter for approximately 90 days with a new hearing
to be re- noticed on proposed actions and /or recommendations to be taken by the
Regional Board; and
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RESOLUTION NO. 6329
Page 2
WHEREAS, on January 26, 2000, the Regional Board conducted a public
hearing on a proposed SUSMP Program that had not been submitted by the Permittees
and that included specific terms that had not been agreed to by the City. By the
January 26, 2000, public hearing, the Regional Board had not commenced or complied
with the Administrative Review Process as set forth under Order No. 96 -054, a process
required to be followed for the review and consideration of the SUSMP Program
submitted by the Permittees. Further, the terms included in the Regional Board's
proposed SUSMP Program included numerical mitigation measures on the retention
and /or treatment of storm water runoff of .75" within a 24 hour storm event for nine (9) r-,
project categories which had not been agreed to by the Permittees, and which had not
been included in the Permittees' SUSMP Program; and
WHEREAS, the numerical mitigation measures and other SUSMP terms
proposed by Regional Board staff were, with some modification, approved by the
Regional Board on January 26, 2000, whereupon the Board directed its Executive
Officer to approve the Regional Board's proposed SUSMP Program with the Board's
imposed modifications; and
WHEREAS, the Regional Board mandated SUSMP Program would, in many
cases, necessitate the imposition of structural controls on new developments, including
but not limited to, extended detention basins, wet ponds, infiltration basins /ponds (which
reduce the developable space), storm drain - connected oil /grid separators, catch basin
inserts, grassy swales and other devices, in the following development projects: gas
stations, restaurants over 5,000 square feet, auto repair shops, 10 -99 home
subdivisions, 100+ home subdivisions, single family hillside homes, 100,000 sq. ft.
commercial development projects, development in an undefined area known as
environmentally sensitive areas, and parking lots with 25 or more spaces (equivalent to
approximately 5,000 sq. ft. of surface area). The Regional Board mandated SUSMP
Program will also apply to redevelopment occurring in the above categories if the
redevelopment results in the "creation or addition of fifty percent or more of impervious
surfaces, or the making of impervious surfaces, or the making of improvements to fifty
percent or more of the existing structure;" and
WHEREAS, the action taken by the Regional Board was not authorized by the
Permit, the Clean Water Act, or state law and does not appear to have been supported
by sufficient studies and investigation into the effectiveness of the proposed numerical
mitigation measures, nor was it supported by a cost benefit analysis; and
WHEREAS, the Regional Board mandated SUSMP Program would not only
apply to discretionary projects brought before the City, but also to non - discretionary
projects. The mandated SUSMP Program is to be codified by new City ordinances
within six (6) months of the Executive Officers' formal approval of the same, and is to be
implemented thirty (30) days thereafter by the City; and
RESOLUTION NO. 6329
Page 3
WHEREAS, the action taken by the Regional Board on January 26, 2000, and
the action to be taken by the Executive Officer pursuant to the direction of the Regional
Board, are inconsistent with the requirements of the Permit, the Clean Water Act, and
state law, and will result in the imposition of unfunded mandated programs on the City
and its citizenry, whereby such mandated programs have not been shown to be cost
effective or to reduce pollutants to the maximum extent practicable, as provided for
under the Clean Water Act.
n
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Downey does hereby resolve as follows:
Section 1. To proceed with the filing of a Petition to the State Water Resources
Control Board challenging the action taken by the Regional Water Quality Control Board
in connection with Order No. 96 -054 on January 26, 2000, and the action to be taken by
the Executive Order pursuant to the Regional Board's direction on such date.
Section 2. To authorize the submission of a notice to the Executive Officer of
the Regional Board that the City intends to comply with the requirements of Order No.
96 -054 and the Administrative Review Process set forth thereunder, and to request that
the Executive Officer, in accordance with the Permit, similarly comply with the terms of
Order 96 -054 for the Standard Urban Stormwater Mitigation Plan submitted on behalf of
the City.
The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 22nd day of February , 2000.
ayor, KEITH MC CARTHY
ATTEST:
O ri-aatt 6 2
ity Clerk, JUDITH E. MC DONNELL
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 22nd day February ,
2000, by the following vote, to wit:
AYES: 5 Council Members: Winningham, Lawrence, McCaughan, Perkins , McCarthy
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
Ail_ / i % Alitz.../
4 0, lerk, JUDITH E. MC DONNELL
S: \WPWI N\agd a0222 \WaterQualityReso.doc