BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1260
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|Author: |Allen |
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|Version: |4/11/2016 |Hearing |4/20/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Stormwater: municipalities: online resource center
ANALYSIS:
Existing law:
1) Under the federal Clean Water Act and the state
Porter-Cologne Water Quality Control Act:
a) Charges the United States Environmental Protection
Agency (US EPA) and the State Water Resources Control
Board (SWRCB) with the regulation and protection of water
quality.
b) Prohibits the discharge of pollutants to surface waters
unless the discharger obtains a permit from SWRCB.
c) Establishes the National Pollutant Discharge
Elimination System (NPDES) permit program requiring the
SWRCB and the nine California regional water quality
control boards to prescribe waste discharge requirements
which, among other things, regulate the discharge of
pollutants in stormwater, including municipal stormwater
systems.
d) Requires SWRCB, no later than July 1, 2009, to develop
a comprehensive guidance document for evaluating and
measuring the effectiveness of municipal stormwater
management programs and permits, as prescribed.
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This bill:
1) Requires SWRCB to establish an online resource center that
addresses measures available for municipalities to comply
with municipal stormwater permit requirements and would
authorize the inclusion of certain information.
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Background
1) Municipal storm water requirements.
The Municipal Storm Water Permitting Program regulates storm
water discharges from municipal separate storm sewer systems
(MS4s). Storm water is runoff from rain or snow melt that
runs off surfaces such as rooftops, paved streets, highways
or parking lots and can carry with it pollutants such as:
oil, pesticides, herbicides, sediment, trash, bacteria and
metals. The runoff can then drain directly into a local
stream, lake or bay. Often, the runoff drains into storm
drains which eventually drain untreated into a local
waterbody.
Additionally, municipal or urban areas commonly include large
impervious surfaces which contribute to an increase in runoff
flow, velocity and volume. As a result, streams are
hydrologically impacted through streambed and channel
scouring, instream sedimentation and loss of aquatic and
riparian habitat. In addition to hydrological impacts, large
impervious surfaces contribute to greater pollutant loading,
resulting in turbid water, nutrient enrichment, bacterial
contamination, and increased temperature and trash.
MS4 permits were issued in two phases.
Under Phase I, which started in 1990, the Regional Water
Quality Control Boards have adopted National Pollutant
Discharge Elimination System General Permit (NPDES) storm
water permits for medium (serving between 100,000 and 250,000
people) and large (serving 250,000 people) municipalities.
Most of these permits are issued to a group of co-permittees
encompassing an entire metropolitan area. These permits are
reissued as the permits expire. The Phase I MS4 permits
require the discharger to develop and implement a Storm Water
Management Plan/Program with the goal of reducing the
discharge of pollutants to the maximum extent practicable
(MEP). MEP is the performance standard specified in Section
402(p) of the Clean Water Act. The management programs
specify what best management practices (BMPs) will be used to
address certain program areas. The program areas include
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public education and outreach; illicit discharge detection
and elimination; construction and post-construction; and good
housekeeping for municipal operations. In general, medium and
large municipalities are required to conduct monitoring.
On April 30, 2003 as part of Phase II, the SWRCB issued a
General Permit for the Discharge of Storm Water from Small
MS4s to provide permit coverage for smaller municipalities
(population less than 100,000), including non-traditional
Small MS4s, which are facilities such as military bases,
public campuses, prison and hospital complexes. The Phase II
Small MS4 General Permit covers Phase II Permittees
statewide. On February 5, 2013 the Phase II Small MS4
General Permit was adopted and will become effective on July
1, 2013.
Comments
1) Purpose of Bill. According to the author, "recent changes in
California's storm water discharge regulations have made
compliance a major challenge, particularly in Los Angeles
County. These changes include requiring local jurisdictions
to meet strict water quality standards and limit pollution
from stormwater through MS4. Also, a 2012 regulation as part
of MS4 permit renewal adopted by the Los Angeles Regional
Water Quality Board forces Los Angeles County communities to
limit 33 pollutants rather the previous 3. Upcoming
regulations from US EPA will likely increase enforcement of
water quality standards. These new mandates placed on cities
impose catastrophic costs, particularly for smaller
communities. SWRCB can help jurisdictions by providing a
website with critical information and resources."
SOURCE: Author
SUPPORT:
Clean Water Action
OPPOSITION:
None received
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