CC - 2002-03 - Filing Petition to the State Water Resource Control Board0 •
RESOLUTION NO. 2002-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AUTHORIZING THE FILING OF A PETITION TO THE
STATE WATER RESOURCES CONTROL BOARD CONTESTING
ACTIONS TAKEN BY THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION, IN
CONNECTION WITH THE STORM WATER/URBAN RUNOFF PERMIT
FOR THE COUNTY OF LOS ANGELES AND THE INCORPORATED
CITIES THEREIN (NPDES NO. CAS004001)
WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region
("Board") adopted the Storm Water/Urban Runoff Permit for the County of Los
Angeles and the incorporated cities ("MS4 Permit") on December 13, 2001. This
MS4 Permit is an amendment to Board Order No. 96-054 ("existing MS4 Permit');
and
WHEREAS, the City of Rosemead ("City") currently supports and funds efforts to reduce and
eliminate storm water pollution that over the five year period of the existing MS4
Permit have resulted in increased catch basin cleaning and the implementation of
various other programs; and
WHEREAS, under the MS4 Permit, the City, along with 83 other incorporated cities and the
County of Los Angeles, will be required to expand existing storm water treatment
programs, and implement new storm water programs which will impose substantial
unfunded mandates upon cities; and
WHEREAS, the existing MS4 Permit provided a measure of protection to cities through legal
"safe harbor" from Board fines and from third-party litigation from environmental
organizations, while the new MS4 Permit places the cities in a constant state of
violation, and subjects all municipalities covered by the Permit to needless
lawsuits by environmental organizations, and exposes the cities to excessive fines
($27,500 per day per violation); and
WHEREAS, the MS4 Permit contains provisions that require the City to adopt new ordinances
and policies for the review and approval of development projects in areas where
discretion has been reserved for local government, thereby potentially infringing
upon the City's land use authority and basic police powers; and
WHEREAS, the MS4 Permit goes beyond the intent of the Clean Water Act, and violates the
California Porter-Cologne Act, by "micro managing" and dictating specific
programs and a particular manner of compliance, on the cities; and
WHEREAS, the new MS4 Permit contains numerous, unfunded mandates, including new illicit
connection programs, storm water diversion programs, additional street and. storm
drain maintenance requirements, as well as a new mandatory inspection program
of thousands of properties throughout the various watershed areas, thereby
imposing financial hardship-on the cities; and
WHEREAS, the actions taken by the Board on December 13, 2001, are inconsistent with the
requirements of the Clean Water Act and State Law, will result in the imposition of
unsupportable programs on the City and its citizenry, will result in numerous
unfunded mandates on the City and will result in the imposition of programs and
Permit terms that are not cost-effective and that are in violation of the Clean Water
Act and State Law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. To participate with other cities in the County with the filing of a
Petition to the State Water Resources Control Board to challenge the actions taken
by the Los Angeles Regional Water Quality Control Board in connection with the
Storm Water Management/Urban Runoff NPDES Permit for the County of Los
Angeles and the Incorporated Cities on December 13, 2001.
Section 2. To retain Richard Montevideo, Esq., in coordination with other Los
Angeles County cities, to advise, assist and represent the City in the filing and in
the prosecution of a Petition to the State Water Resources Control Board.
PASSED, APPROVED AND ADOPTED this 8th day of January 2002.
Attest:
City Clerk/
I, Nancy Valderrama, City Clerk of the City Council of the City of Rosemead, do hereby-certify
that the foregoing Resolution was duly adopted at the Regular Meeting of the City. Council on the
8°i day of January 2002, by the following vote to wit:
YES: Bruesch;,Taylor, Imperial, Clark, Vasquez
NO: None
ABSENT: None
ABSTAIN: None
l~6CG
NANCY VAL ERRAMA, CITY CLERK
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