Discussion Points for Cities Regarding

Municipal Storm Water Permits

 

 

 

  1. The regulations are impossible to comply with
    1. Prohibitions against “potentials”
    2. “Iterative process” requires constant updating and improving

  2. The regulations are costly for local government
    1. Poway’s annual storm water budget went from $750,000 to $1.75 million
    2. Los Angeles County anticipates costs of $50 billion, with $200 million in annual operating expenses. 
    3. Statewide, municipality costs are estimated at $110 billion, with annual operating expenses of $400 million.
    4. Where will your city find these funds?  State and federal funds generally aren’t available.

  3. The regulations won’t improve water quality
    1. Political nature of rule-making
    2. Re-directs city funds from things that will improve water quality, like sewer line maintenance and repair
    3. Runoff from natural land doesn’t meet the standards for fecal colliform

  4. Non-compliance creates enforcement and litigation exposure
    1. Budgeting for enforcement
    2. Increases litigation exposure with terms like minimize, maximize and preserve without reference to feasibility
    3. “Maximum Extent Practicable” invites litigation
    4. Litigation in federal court is very costly
    5. Municipal exposure also increased by increased use of retention basins; many children drown in these basins

  5. Local land use decisions taken out of hands of cities
    1. General Plan update
    2. CEQA review processes

  6. Permit standards may impede watershed-based alternative to SUSMP
    1. Watershed-based alternatives are more effective – they treat all development in a watershed equally
    2. Federal and state funds and JPAs make funding and cost-sharing possible
    3. Eliminates need for  strict compliance with water quality objectives at every point in the system
  7. Focus on new residential is politically expedient, but problematic
    1. Impacts to affordable housing and housing element requirements
    2. Treating runoff from new development doesn’t fix problems with old development runoff

  8. Cost/benefit of SUSMP provisions
    1. Minimal benefit of site-by-site BMPs compared to cost