Loading...
HomeMy WebLinkAboutRES 2000-12RESOLUTION NO. 2000-12 A Resolution of the City Council of the City of Diamond Bar, authorizing the filing of a Petition to the State Water Resources Control Board contesting action taken by the California Regional Water Quality Control Board, Los Angeles Region, and its Executive Officer in connection with LARWQCB Order No. 96-054. WHEREAS, the City of Diamond Bar ("City") was issued a Permit from the Los Angeles Regional WaterQuality Control Board ("Regional Board") on July 15, 1996, Order No. 96-054 of the Regional Board which serves as the City's National Pollutant Discharge Elimination System ("NPDES") Permit under the Federal Clean Water Act, as well as Waste Discharge Requirements for the City under the Porter Cologne Act. This Permit became effective on July 31, 1996, and will expire on its own terms on June 30, 2001; WHEREAS, under the Permit, the City, along with all other incorporated cities in the County of Los Angeles (except the City of Long Beach), and the County of Los Angeles itself, as a Permittee was required to submit a Standard Urban Storm Water Mitigation Plan ("SUSMP") to the Executive Officer of the Regional Board for his review and approval or disapproval; WHEREAS, the SUSMP was to incorporate appropriate elements of the Best Management Practices approved by the Regional Board in April of 1999, and was to apply to certain specified development categories to require applicants of such projects to submit an Urban Stormwater Mitigation Plan that implements, to the maximum extent practicable, appropriate requirements and measures to minimize impacts from storm water runoff, and to reduce storm water pollutant to the maximum extent practicable, along with other requirements as specified in Order No. 96-054; WHEREAS, a SUSMP Program, on behalf of the Permittees was in fact submitted to the Executive Officer of the Regional Board in July of 1999 and thereafter resubmitted to address certain Regional Board staff comments in August of 1999; WHEREAS, the SUSMP Program submitted to the Regional Board's Executive Officer by the Permittees has to date not been formerly approved or disapproved in accordance with the Administrative Review Process set forth in Order No. 96-054; WHEREAS, on September 16, 1999, unilateral Regional Board staff proposed changes to the Permittees' SUSMP Program were discussed before the Regional Board at a public workshop. At that time, the Regional Board took no formal action but instead determined to continue the matter for approximately 90 days with a new hearing to be re -noticed on proposed actions and/or recommendations to be taken by the Regional Board. WHEREAS, on January 26, 2000, the Regional Board conducted a public hearing on a proposed SUSMP Program that had not been submitted by the Permittees and that included 2000-12 specific terms that had not been agreed to by the City. By the January 26, 2000 public hearing, - the Regional Board had not commenced or complied with the Administrative Review Process as set forth under Order No. 96-054, a process required to be followed for the review and consideration of the SUSW Program submitted by the Permittees. Further, the terms included in the Regional Board's proposed SUSW Program included numerical mitigation measures on the retention and/or treatment of storm water runoff of .75" within a 24 hour storm event for nine (9) project categories which had not been agreed to by the Permittees, and which had not been included in the Permittees' SUSMP Program; WHEREAS, the numerical mitigation measures and other SUSIVIP terms proposed by Regional Board staff were, with some modification, approved by the Regional Board on January 26, 2000, whereupon the Board directed its Executive Officer to approve the Regional Board's proposed SUSMP Program with the Board's imposed modifications; WHEREAS, the Regional Board mandated SUSMP Program would, in many cases, necessitate the imposition of structural controls on new developments, including but not limited to extended detention basins, wet ponds, infiltration basins/ponds (which reduce the developable space), storm drain -connected oil/grease separators, catch basin inserts, grassy swales and other devices, in the following development projects: gas stations, restaurants over 5,000 square feet, auto repair shops, 10-99 home subdivisions, 100+ home subdivisions, single family hillside homes, 100,000 sq. ft. commercial development projects, development in an undefined area known as environmentally sensitive areas, and parking lots with 25 or more spaces (equivalent to approximately 5,000 sq. ft. of surface area). The Regional Board mandated SUSMP Program will also apply to redevelopment occurring in the above categories if the redevelopment results in the "creation or addition of fifty percent or more of impervious surfaces, or the making of impervious surfaces, or the making of improvements to fifty percent or more of the existing structure;" WHEREAS, the action taken by the Regional Board was not authorized by the Permit, the Clean Water Act, or state law and does not appear to have been supported by sufficient studies and investigation into the effectiveness of the proposed numerical mitigation measures, nor was it supported by a cost benefit analysis; WHEREAS, the Regional Board mandated SUSMP Program would not only apply to discretionary projects brought before the City but also to non -discretionary projects. The mandated SUSMP Program is to be codified by new City ordinances within six (6) months of the Executive Officers' formal approval of the same, and is to be implemented thirty (30) days thereafter by the City; WHEREAS, the action taken by the Regional Board on January 26, 2000, and the action to be taken by the Executive Officer pursuant to the direction of the Regional Board, are inconsistent with the requirements of the Permit, the Clean Water Act, and state law, and will result in the imposition of unfunded mandated programs on the City and its citizenry, whereby such mandated programs have not been shown to be cost effective or to reduce pollutants to the maximum extent practicable, as provided for under the Clean Water Act; 2000-12 NOW, THEREFORE, the City Council of the City of Diamond Bar, does hereby resolve as follows: SECTION 1. To proceed with the filing of a Petition to the State Water Resources Control Board challenging the action taken by the Regional Water Quality Control Board in connection with Order No. 96-054 on January 26, 2000, and the action to be taken by the Executive Officer pursuant to the Regional Board's direction on such date; SECTION 2. To authorize the submission of a notice to the Executive Officer of the Regional Board that the City intends to comply with the requirements of Order No. 96-054 and the Administrative Review Process set forth thereunder, and to request that the Executive Officer, in accordance with the Permit, similarly comply with the terms of Order 96-054 for the Standard Urban Storm Water Mitigation Plan submitted on behalf of the City; SECTION 3. That legal counsel be retained to advise and assist the City in the filing of the Petition against the State Water Resources Control Board and in pursuing the Administrative Review Process as set forth under Order No. 96-054. SECTION 4. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF FEBRUARY, 2000. I, -LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on 15a` day of February, 2000, by the following vote: AYES: COUNCILMEMBERS: Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Ci(y Clerk, City of Diamond Bar 2000-12