CC - 2020-16 - Calling On The Governor Of California, And State Legislative Electeds Representating San Gabriel Valley To Urge The Los Angeles Regional Water Quality Control Board To Ease MS4 Permit Requirements For Los Angeles County RESOLUTION NO. 2020-16
A RESOLUTION OF THE CITY OF ROSEMEAD CITY COUNCIL
CALLING ON THE GOVERNOR OF CALIFORNIA,AND STATE
LEGISLATIVE ELECTEDS REPRESENTING SAN GABRIEL
VALLEY MUNICIPALITIES TO URGE THE LOS ANGELES
REGIONAL WATER QUALITY CONTROL BOARD TO EASE MS4
PERMIT REQUIREMENTS FOR LOS ANGELES COUNTY
WHEREAS, the Los Angeles Regional Water Quality Control Board ("Regional
Board") has, through the 2012 Los Angeles County Municipal Separate Storm Sewer
System Permit ("MS4 Permit"), imposed upon local governments compliance with
Enhanced Management Programs ("EWMPs") and non-enhanced Watershed
Management Programs (WMPS);
WHEREAS, the purpose of the EWMP and WMPs is to comply with numeric
pollution limits known as Total Maximum Daily Loads ("TMDLs"), that were
established for water bodies' to protect beneficial uses (viz., swimming and fishing);
WHEREAS, the City of Rosemead ("City") is in the Upper Los Angeles River
EWMP Group;
WHEREAS, the cost of implementing EWMP infiltration projects for the City and
others in the San Gabriel Valley significantly exceeds Measure W (Safe, Clean Water)
tax revenue (attached herewith as Exhibit#1);
WHEREAS, compliance with EWMPs/WMPs would require the City and other San
Gabriel Valley cities to use general funds to make up the shortfall which would, as a
consequence, have a tremendous reductive impact on municipal programs and services
that undoubtedly will be exacerbated by the forthcoming economic impact of the
COVID-19 crisis;
WHEREAS, USEPA has concluded that there is no evidence to prove that EWMPs
or WMPs can meet TMDLs and has informed Regional Boards throughout the State that
the EWMPs/WMPs are not mandatory requirements under the federal Clean Water Act
("CWA") MS4 Program;
WHEREAS, USEPA has issued a letter to all Regional Boards in California
reminding them that they must include, in all MS4 Permits, the standard CWA
requirement under 40 CFR §122.26(d)(20(iv), which requires each MS4 Permittee to
implement a Storm Water Management Program consisting of 6 basic sub-programs,
each containing a set of best management practices to TMDLs and Water Quality
Standards on which they are based;
'Includes Arroyo Seco, Reaches 1 and 2; Reaches 1 and 2 of the Rio Hondo, and the San Gabriel
River,Reach 3.
1
WHEREAS, the Regional Board has imposed on the City and other San Gabriel
Valley municipalities compliance with TMDLs in the MS4 Permit that are not authorized
under the State's Water Quality Policy for establishing TMDLs on the CWA 303(d) list,
including metals for the following cities: Alhambra, Arcadia, Azusa, Baldwin Park,
Bradbury, Claremont, Covina, Duarte, El Monte, Glendora, Industry, Irwindale, La
Puente, La Canada-Flintridge, La Verne, Monterey Park, Montebello, Monrovia,
Pasadena, Pomona, San Marino, Sierra Madre, South El Monte, Pasadena, San Dimas,
San Gabriel, Temple City, Walnut, and West Covina;
WHEREAS, the Regional Board imposes on the City of Rosemead and other San
Gabriel Valley municipalities compliance with the bacteria TMDL without clearly
informing them that it does not apply during storm events because of the State's high-
flow suspension regulation;
WHEREAS, eliminating compliance with the metals TMDLs and the bacteria
TMDL, which account for most of the EWMP and WMP costs, will significantly reduce
compliance costs for the City of Rosemead and other San Gabriel Valley cities;
WHEREAS, the City of Rosemead is mistakenly in the Upper Los Angeles River
EWMP Group that includes the following non-San Gabriel River cities: San Fernando,
the City of Los Angeles areas that are located in the San Fernando Valley; Burbank; and
Glendale.
SECTION 1. Now, therefore, the City of Rosemead City Council does hereby
resolve the following:
SECTION 2. That the Governor of the State of California and State legislative
electeds representing San Gabriel Valley cities notify the Regional Board of the need to
take the following actions:
1. Inform by official notice that the City and other San Gabriel Valley cities are not
subject to the metals TMDL and are not required to comply with the bacteria
TMDL during storm events;
2. Inform by official notice that the City is mistakenly in the Upper Los Angeles
River EWMP group are at liberty to withdraw from it and be reassigned to Reach
2 of the Rio Hondo in accordance with the State's 303(d) list; and
3. Inform by official notice that all cities in Los Angeles County and are required to
implement a Stormwater Management Program (SWMP) per federal regulations
as a means to comply with TMDLs and water quality standards instead of
EWMPs/WMPs, but that they may implement all or portions of them on a
voluntary basis within the constraints of Measure W funding.
2
PASSED, APPROVED AND ADOPTED this 28th day of April, 2020.
,
Sandra Armenta, Ma or r
APPROVED AS TO FORM: ATTEST:
ZIA
achel Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2020-16, was duly
adopted by the City Council of the City of Rosemead, California, at a regular meeting
thereof held on the 28th day of April, 2020,by the following vote,to wit:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4
Ericka Hernandez, City Cletk
3