Regulatory Alert: Municipal Storm Water Permit – Receiving Water Limitation Language – Water Board Workshop

The State Water Resources Control Board (Water Board) has scheduled a workshop for Tuesday, November 20, 2012, regarding the “Receiving Water Limitations (RWL) Language” found in National Pollutant Discharge Elimination System (NPDES) permits for storm water discharges from Municipal Separate Storm Sewer Systems (MS4s). The current RWL Language is the result of precedential State Water Board Orders WQ 2001-15 and 99-05.

The purpose of this workshop is for the State Water Board to hear stakeholder concerns with the current RWL Language in light of the decision by the United States Court of Appeals for the Ninth Circuit in the case of Natural Resources Defense Council v. County of Los Angeles (9th Cir. 2011) 673 F.3d 880. The Board will also be soliciting recommendations on whether and how to modify the language. Due to the Court’s decision, any exceedance of a water quality standard can lead to liability for an MS4 discharger without regard to the discharger’s compliance with and reliance on the current RWL language. 

The workshop will be held on:

Tuesday, November 20, 2012 – 9:00 a.m.
Joe Serna Jr.-Cal/EPA Headquarters Building
Coastal Hearing Room
1001 I Street, Second Floor
Sacramento, CA 95814

The Water Board is also soliciting written public comments on an issue paper discussing several alternatives that may be considered by the Board in addressing the RWL Language. The notice and issue paper are available here.

Written comments are due no later than 12:00 noon on Tuesday, November 13, 2012. CSAC’s comment letter will be posted on the CSAC website on the afternoon of November 13. Counties are encouraged to submit comments and attend the November 20 workshop.

Top Five Reasons to attend the CSAC ANR Policy Committee Meeting…

Number Five: Does watching the coverage of Hurricane Sandy make you think about the possibility of flooding in your own community? Come and hear from the County Engineers and the Department of Water Resources on their report, “California’s Flood Future: Recommendations for Managing the State’s Flood Risk” which provides a comprehensive outline of the flooding risks in California.

Number Four: Does your county own a landfill? Are you shipping your waste to another jurisdiction? Do you think there ought to be a more efficient way of dealing with our waste stream? The future of waste management is upon us. Come listen to a presentation by Los Angeles and Santa Barbara County, jurisdictions that have begun the move toward the use of solid waste conversion technologies, those technologies which are capable of converting residual solid waste into renewable energy, biofuels, and other useful products. 

Number Three: Has your county been inundated with permit requests for solar photovoltaic installations? Or, would you like to see more of these permit requests in your area? The County Planning Directors will present on their model solar ordinance as well as the State’s Solar Permit Streamlining Guide to provide tips on how to improve the permit review and approval process for solar photovoltaic systems. 

Number Two: It has been twelve years since the Legislature enacted the law that requires the State Water Resources Control Board to adopt regulations or standards for the operation of on-site wastewater treatment systems rule (septic tanks). After numerous drafts, meetings and workshops, the Water Board adopted the final policy on June 19, 2012. Come hear an overview and update from the County Environmental Health Directors on the septic tank policy, including how it will impact your county and constituents. 

Number One: Have you heard about the Office of Environmental Health Hazard Assessment’s (OEHHA) California Communities Environmental Health Screening Tool (CalEnviroScreen Tool)? Are you curious what this tool might be used for and how it could impact counties? Come hear from OEHHA staff about their CalEnviroScreen Tool and how it might affect the local land use approval process and the distribution of Cap and Trade funds. 

The CSAC Agriculture & Natural Resources Policy Committee will meet on Tuesday, November 27, 2012 from 10:00 a.m. – 12:00 p.m. at the Long Beach Convention Center, during the CSAC Annual Conference. Hope to see you there!