California Court Upholds Stormwater Rules

Local governments lost the first round of their legal battle seeking to overturn strict stormwater runoff standards in National Pollution Discharge Elimination System permit for Los Angeles County.

A California Superior Court judge filed two decisions earlier this year flatly rejecting claims by dozens of cities, the county and other entities alleging the permit violated federal and state clean water laws.

As issue in the case is the countywide NPDES permit the Los Angeles Regional Water Quality Control Board issued December 13, 2001 that requires the county, 81 cities and certain industrial facilities to implement aggressive stormwater runoff pollution prevention measures.

The permit calls for drain filters, silt-removal basins, and more rigorous inspections of industrial facilities. Other features require controls that address the quantity of runoff and "storm surges," prompt reports of spill and other pollution problems at "critical source" locations, monitoring programs that warn of environmental degradation, coordinated response systems for sewage spills, and measures to reduce discharges from building sites.

Plaintiffs contended the regional board did not consider the costs associated with implementation and enforcement issues. They also argued the permit violated the California Porter-Cologne Water Quality Act by imposing requirements that go beyond the federal Clean Water Act’s "maximum extent practicable" standard and the state law’s "reasonably achievable" standard. Other arguments alleged the permit unlawfully interferes with local governments’ land-use authority, violated the California Environmental Quality Act, and unlawfully requires local government to modify their General Plan and CEQA guidelines.

The cities fighting the permit contend the measures will cost billions of dollars to implement.

Source: California PWD