CC - 1996-27 - Postpone Adoption of the Waste Discharge Requirements for Urban Municipal StormwaterRESOLUTION NO. 96-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
URGING THE REGIONAL WATER QUALITY CONTROL BOARD TO
POSTPONE ADOPTION OF THE TENTATIVE ORDER NO. 96-XXX
(NPDES NO. CAS611001) WASTE DISCHARGE REQUIREMENTS FOR
URBAN MUNICIPAL STORMWATER AND URBAN RUNOFF
DISCHARGES WITHIN THE COUNTY OF LOS ANGELES, IN ORDER TO
RESOLVE ISSUES OF UNFUNDED MANDATES, UNREASONABLE
RESIDENTIAL IMPACTS, AND DEVELOPMENT OF MORE
ACHIEVABLE GOALS AND OBJECTIVES BASED ON MEASURABLE
STANDARDS
WHEREAS, the City Council of the City of Rosemead is committed to taking all steps required for t
municipalities in meeting the requirements of the Clean Water Act; and
WHEREAS, the Tentative Order issued by the California Regional Water Quality Control Board
of the County of Los Angeles contains conflicting provisions which, if not corrected,
would expose the Permittee cities to citizen lawsuits; and
WHEREAS, certain pollutants present in stonmwater are contributed by activities which the
Permittees cannot control, despite full implementation of all provisions of the
Tentative Order; and
WHEREAS, the Clean Water Act does not require the impossible and it is beyond the legal
authority of the Board to require impossible or absurd results (Hughey v. JMS
Development Corp., 42 ERC 1449 11th Cir., April 1, 1995); and
WHEREAS, inclusion of receiving water limitations that require that stormwater discharges neither
cause violations of water quality objectives nor cause conditions of nuisance in
receiving waters would hold the Permittees to an impossible standard and would
expose them to litigation with respect to pollutants contributed by activities which
they cannot control; and
WHEREAS, despite the stated intent of the Water Quality Control Board to limit residential
involvement in enforcing the Permit to educational programs only, the current draft
Permit includes language specifying significant enforcement activities involving
residential properties; and ,
WHEREAS, the Tentative Order, if adopted as currently written, would result in significant
indeterminate and non-quantifiable financial obligations among the Permittees.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS:
The City of Rosemead calls upon the Regional Water Quality Control Board to postpone adoption
of the Tentative Order until the following provisions are made:
A. IMMUNITY: Upon complying with the BMPs and other requirements of the Permit,
cities must receive immunity from third party litigation that may result from elements
beyond the cities' control and scope of responsibility.
B. QUANTIFICATION: Specific and quantifiable stormwater and urban runoff standards
must be established. Cities must be aware of the type of testing that will take place, the
frequency of the testing and the standards that will be applied. Cities must be protected
from third party litigation that may take place as a result of activities down stream.
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C. RESIDENTIAL EXEMPTION: Section E of the Tentative Order states that each
Pemnittee shall "individually or collectively possess" the legal authority to prohibit and/or
control a number of water runoff activities. Since the intent of the Order is that
residential compliance be limited to educational activities, the Order must be amended as
follows:
1. Eliminate Section E. 1. a. (v) prohibiting discharges of swimming pool filter backwash.
2. Eliminate Section E. 1. c. (vi) requiring the removal and proper disposal of all fuel and
chemical residue, animal waste, garbage and other items.
DONE THIS 9TH DAY OF JULY, 1996.
22" x
MAYOR
ATTEST:
CITY CLE
I hereby certify that the foregoing Resolution No. 96-27 was duly and
regularly adopted.by the Rosemead City Council at a regular meeting held
on the 9th day of July, 1996, by the following vote:
Yes': Vasquez, Taylor, Clark, Bruesch, Imperial
No: None
Absent: None
Abstain: None
City Clerk