HomeMy WebLinkAboutCC RES 95-099414 sooC4
RESOLUTION NO. 95-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, IN SUPPORT OF
AMENDMENTS TO THE CLEAN WATER ACT
WHEREAS, the United States House of Representatives has
approved HR961, a reauthorizaiton of and amendments to the Clean
Water Act (CWA); and
WHEREAS, HR961 repeals Section 402(p) of the CWA and amends
the CWA to include Section 322, Stormwater Management Programs; and
WHEREAS, the purpose of Section 322, as stated in the Section
is "... to assist States in the development and implementation of
stormwater control programs in an expeditious and cost effective
manner so as to enable the goals and requirements of this Act to be
met in each State no later than 15 years after the date of approval
of the stormwater management program of the State."; and
WHEREAS, Section 322 requires the states to develop reports
that identifies the "...navigable waters within the State which,
without additional action to control pollution from stormwater
discharges, cannot -reasonably be expected to attain or maintain
applicable water quality standards..." and the "... stormwater
discharges that add significant pollution to each portion of the
navigable waters..." and the "...measures to control pollution from
each category and subcategory of stormwater discharges identified
in subparagraph (B) and to reduce, to the maximum extent
practicable, the level of pollution resulting from such
discharges..."; and
WHEREAS, Section 322 requires the states to develop, "In
substantial consultation with local governments", stormwater
management programs, "...for controlling pollution added from
stormwater discharges to the navigable waters..."; and
WHEREAS, Section 322 establishes grants to fund state and
local demonstration programs and research to identify adverse
impacts of stormwater on receiving waters, identify the pollutants
in stormwater which cause the impacts and to test innovative
approaches to address the impacts of source control measures; and
WHEREAS, Section 322 requires that stormwater criteria be
established that is technologically and financially feasible based
on the demonstration programs and research grants and other
available stormwater information; and
WHEREAS, the California State Water Resources Control Board
established a Statewide Stormwater Task Force to review, evaluate
and recommend policies and procedures on how to best deal with
municipal stormwater pollution program; and
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RESOLUTION NO. 95-99 2
WHEREAS, cities, counties, special districts, Region IX of the
EPA, and other interested California agencies are participants in
the California Stormwater Task Force; and
WHEREAS, it has been determined by scientific study and the
consensus of the Task Force that it is both technically and
economically infeasible to meet prescribed numeric limits of
constituents in municipal stormwater discharges as envisioned
eventually by the current National Pollutant Discharge Elimination
System (NPDES) permit program as set forth in Section 402(p) of the
current CWA; and
WHEREAS, the County of Riverside, Riverside County Flood
Control District, and twenty-three cities within Riverside County
are having to levy annual assessments of over $5,500,000 to meet
the requirements of the NPDES permits without the benefit of proven
problems and sources of stormwater pollution and scientifically and
engineering sound solutions to said unknown problems; and
WHEREAS, Section 322 of HR961 provides a reasonable process
for defining the problem of stormwater pollution while providing
for the development of reasonable control measures in the interim;
and
WHEREAS, EPA and the U.S. Army Corps of Engineers have
interpreted that Section 404 of the CWA requires agencies
responsible for routine maintenance work to obtain permits to do
such routine maintenance work in channels, levee systems, dams and
reservoirs, including removal of excess vegetative growth that
obstructs flood flows; and
WHEREAS, the U.S Army Corps of Engineers has been reluctant to
allow such routine maintenance work by those agencies responsible
for such maintenance to proceed without conditions of prohibitive
mitigation requirements; and
WHEREAS, the U.S. Army Corps of Engineers has been slow to
issue permits when the agencies responsible for routine maintenance
work have a limited time period during the "dry season" to perform
such work, thus causing some facilities to be at risk during the
flood seasons.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Palm Desert, California, assembled in regular session on
November 9, 1995, does hereby request the United States Senate to
amend the Clean Water Act with regard to stormwater in like manner
as set forth in Section 322 of HR961 and to amend Section 404 (f)
(1) (b) by adding the following language, "flood control channels
or other engineered flood control facilities," after the words,
"such as dikes, dams, levees...".
RESOLUTION NO.
45-99
BE IT FURTHER RESOLVED that the City Clerk forward copies of
this Resolution to the Chairman of the United States Senate
Committee on Environment and Public Works and the District's
representatives in the United States Senate, Senators Barbara Boxer
and Diane Feinstein.
PASSED, APPROVED, and ADOPTED by the City Council of the City
of Palm Desert, California, on the 9th day of November , 1995,
by the following vote, to wit:
AYES: BENSON, KELLY, SNYDER, SPIEGEL, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
BUFORD A'. CRITES, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
SHEILA R.GILLIGAN, CITY,itLERK(
CITY OF PALM DESERT, CALIFORNIA