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HomeMy WebLinkAboutCC RES 96-50RESOLUTION NO. 96-50 oog A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA URGING THE REGIONAL WATER QUALITY CONTROL BOARD TO RETURN TENTATIVE ORDER NO. 96- yY` (NPDES NO. CAS614001), WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY OF LOS ANGELES, TO STAFF FOR RESOLUTION OF ISSUES OF UNFUNDED MANDATES, ECONOMIC IMPACTS AND DEVELOPMENTS OF MORE CERTAIN AND ACHIEVABLE GOALS AND OBJECTIVES, BASED ON RELEVANT STANDARDS AND STUDIES. WHEREAS, the City Council of the City of Palm Desert, is committed to taking all steps necessary for the City to be in full compliance with the requirements of the Clean Water Act; WHEREAS, the City Council of the City of Palm Desert is committed to cooperation with the Regional Water Quality Control Board to develop a workable and effective Order for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles (NPDES CAS 614001) which will implement the requirements of the Clean Water Act; WHEREAS, the staff of the Regional Water Quality Control Board has drafted a Tentative Order for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles (NPDES No. CAS 614001) which is scheduled for public hearing on July 15, 1996; WHEREAS, Finding 4 of the Tentative Order cites only a federal guidance document which is general in nature, and not studies shown to be relevant to water bodies in Los Angeles County; WHEREAS, Findings 5 and 6 of the Tentative Order are relevant only to studies of condition of the Santa Monica Bay and no scientific basis has been presented for extrapolating those studies to any or all other water bodies in Los Angeles County; WHEREAS, certain pollutants present in stormwater are contributed by activities which the Permittees cannot control, despite full implementation of all provisions of the Tentative Order; WHEREAS, it is a fact of nature beyond the control of Permittee Cities that whenever it rains in Los Angeles County, storm water discharges will occur; WHEREAS, streets, curbs and gutters are designed to convey water into storm drains; WHEREAS, the Clean Water Act does not require and it is beyond the legal authority of the Board to require the impossible, or to require absurd results (Hughey v. JMS Development Corp., 42 ERC 1449 (llth Cir., April 1, 1995); R#UTION NO. 96-sn 1 WHEREAS, inclusion of narrative 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, which litigation would be baseless in the absence of the inclusion of the receiving water limitations in the Order; WHEREAS, the Findings of the Tentative Order fail to specify which water bodies in the County of Los Angeles have which beneficial uses, raising the possibility of claims or lawsuits alleging that all water bodies in the County are to have all beneficial uses listed in the Findings, including such mutually exclusive beneficial uses as ocean commercial fishing and cold freshwater habitat; WHEREAS, the State Water Resources Control Board has issued a General Industrial Activities Storm Water Permit (the "GIASP") and a General Construction Activity Storm Water permit (the "GCASP"); WHEREAS, the administration of the GIASP and the GCASP are the responsibility of the Regional Water Quality Control Board, not the Permittee Cities; WHEREAS, the Tentative Order, if adopted, would impose significant conditions and requirements which are to be based on future studies and require future actions which have not been identified and are not now identifiable; WHEREAS, the Tentative Order, if adopted, would impose financial obligations which are not now quantifiable, and are indeterminate, but significant magnitude; WHEREAS, the Tentative Order, if adopted, would require the City Attorney to represent to the Board that the City has the authority to enact laws with respect to the disposal of hazardous substances and hazardous wastes, and the use of pesticides, which are matters preempted by federal and state law and beyond the authority of the City; WHEREAS, the Tentative Order, if adopted, would require the City Attorney to represent to the Board that the City has the authority to enact laws with respect to matters which the board has defined in only vague and ambiguous terms, and not in the manner prescribed by federal regulations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Palm Desert calls upon the Regional Water Quality Control Board to direct its staff to revise the Tentative Order to: A. Prepare Findings based on relevant, sound scientific studies specific to the water bodies to which they are to be applicable; B. Delete the Receiving Water Limitations as permit requirements; tlih RES TION NO. 96-50 C. Specifically identify, in proposed fmdings, the beneficial uses of each body of water in the County of Los Angeles, based on studies which are demonstrated to have a valid scientific basis and which are demonstrated to be applicable to the water body in questions; D. Delete requirements that the permittees are to administer all or any part of the GIASP and the GCASP as those are the responsibility of the RWQCB and to require the permittee cities to administer them would be to impose an unfunded mandate; E. Delete findings and requirements which would impose artificial and unreasonable exposure to liability on the part of permittees; F. More specifically identify the responsibilities of the permittees in order that their respective elected officials will be able to appreciate the financial impact of the Tentative Order. G. Revise the provision relative to representations as to the legal authority of the City to conform to the requirements of the governing federal regulations and the US EPA Guidance Manual. this SECTION 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, 11 day of July , 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Kelly, Spiegel, Snyder None Benson, -Crites None WALTER H. SNYI ER, P, YOR ATTEST: SHEILA R. " ILLIGAN DIRECTOR OF CO I it ITY AFFAIRS/CITY CLERK