While committing to comply with a judge’s orders, the Los Angeles Regional Water Quality Board will seek to limit a Superior Court decision that affects the regulation of stormwater runoff in the Los Angeles Region, largely in Los Angeles and Ventura Counties. The July 2, 2008 court order by Superior Court Judge Thierry Patrick Colaw in the matter of Cities of Arcadia, et al v. State Water Resources Control Board et al, concerns the Board’s triennial review of its Basin Plan. The Basin Plan establishes the region’s water quality standards which are the necessary and desired levels of water quality in the region to protect drinking water, beachgoers, fish, wildlife, and the environment.
At a July 10, 2008 meeting of the Los Angeles Regional Water Quality Board, the members met in closed session to consider the writ of mandate As a result of that meeting and the Court’s writ of mandate, the Executive Officer has directed staff to 1) take immediate and necessary measures to comply with the Court order, and 2) proceed with obtaining relief from the court to enable the Board to continue protecting water quality in Los Angeles and Ventura Counties. “The Board respects the law and Court’s directive and is looking forward to working collaboratively with all stakeholders so we can resume our basic mission of protecting water quality, public health and the environment from the devastating effects of polluted storm water runoff,” said Fran Diamond, Chair of the Regional Board.” She added, “Nonetheless, all the Regional Board members are very concerned about the impact of this decision on water quality and our community.”
What Board action has been taken to comply with the Court decision?
• Effective immediately, staff has been directed to reevaluate the Basin Plan consistent with the Judge’s order. These activities will include public notices and hearings.
What Court Ordered Limitations have been placed on Regional Board Activities?
With respect to municipal storm water discharges, construction storm water discharges, and industrial storm water discharges, the Regional Board is prohibited from:
• Processing applications for permits required under the Clean Water Act;
• Considering and adopting requirements (called Total Maximum Daily Loads) to reduce pollution in storm water and improve the quality of the region’s most polluted waters;
• Inspecting facilities to assess their compliance with water quality standards;
• Prosecuting violations of existing permits’ requirements to comply with water quality standards;
• Referring violations to the Attorney General for civil and criminal prosecution related to violations of existing permits’ requirements to comply with water quality standards;
• And all other “activities relating to the implementation, application and/or enforcement” of water quality standards as applied to storm water.
What does this mean?
• The potential environmental impact is significant and results in the Regional Board’s inability to protect public health and the environment from even basic threats of harm caused by storm water and urban runoff.
• The writ does not halt the Regional Board’s permitting authority but does prohibit the processing of storm water permits by the Regional Board, since federal law requires most storm water permit to ensure compliance with the Basin Plan’s water quality standards.
• The writ did not waive requirements to apply for and to receive storm water, construction or industrial permits.
• The writ did not address any of the Regional Board’s groundwater policies and non-storm water programs.
When does the writ go into effect?
• The writ went into effect July 3, 2008.
What prompted this decision?
• The decision is the result of a lawsuit filed by the Cities of Arcadia, Bellflower, Carson, Cerritos, Claremont, Commerce, Downey, Duarte, Gardena, Glendora, Hawaiian Gardens, Irwindale, Lawndale, Monterey Park, Paramount, Santa Fe Springs, Signal Hill, Vernon, Walnut, West Covina and Whittier and the Building Industry Legal Defense Foundation
• The lawsuit asserted that the Regional Board was required, but failed to reexamine each of its water quality standards after storm water discharges became subject to the federal Clean Water Act in 1987. The cities contended specifically that, with respect to storm water, the Regional Board was required to examine a variety of factors described in Water Code Sections 13241 and 13000, including whether the standards could be reasonably achieved, the economic effect on the cities, the need for housing, and the competing demands faced by governmental agencies responsible for implementation.
Does this mandate apply to the other eight Regional Boards?
• No. It applies only to the Los Angeles Regional Water Quality Control Board and the State Water Resources Control Board in the Los Angeles Region.
Why is the board pursuing further legal relief?
• The result of the order is that the Regional Board is prohibited from protecting human health, the environment, and water quality from the effects of storm water and urban runoff pollution, including bacteria, pathogens, heavy metals, chemicals, and other harmful substances. Further relief is necessary to ensure that the Board can protect the public and water quality while its proceeds to implement the Court’s directives.
