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[Water_news] 4. DWR'S CALIFORNIA WATER NEWS -WaterQuality-12/1/08

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

December 1, 2008

 

4. Water Quality –

 

 

Coachella Valley Agencies offering progress updates

The Desert Sun

 

Outcome of Recent Water-Quality Events to Shape California Development

California Real Estate Journal

 

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Coachella Valley Agencies offering progress updates

The Desert Sun – 11/30/08

By Keith Matheny

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The Salton Sea might have fallen off the radar in Sacramento, but it's still on the map in the Coachella Valley's backyard. And it still faces an ever-worsening ecological crisis that could have huge environmental impacts locally.

 

A multi-billion-dollar plan to restore the sea is stalled in the Legislature. But lesser, quieter progress toward at least the beginnings of a solution continues, officials said.

 

On Thursday, the state departments of Water Resources and Fish and Game will update the public on activities at the sea.

 

“It's been a year since we've been out to the public, so we felt it was time to get back out there, let them know there's work that's been going on and what that work has been,” said Kim Nichol, an environmental program manager with the Department of Fish and Game.

 

The program will include a legislative update, Nichol said. Senate Bill 187, sponsored by state Sen. Denise Ducheny, D-San Diego, was signed into law in September, specifically earmarking funds from voter-passed Proposition 84 for initial restoration work at the Salton Sea.

 

Another bill by Ducheny that would have set up a local governance structure for sea restoration, however, died in committee this year.

 

Thursday's meeting also will include information on preliminary plans and concepts the state is developing for sea restoration, and programs in the works for monitoring air quality, water quality and species at the sea.

 

The Salton Sea has been slowly dying for decades as the water salinity increases. The sea is expected to shrink significantly by 2018, when water transfers rob its primary source of water, agricultural runoff.

 

Left untreated, experts predict fish and bird habitat will be lost and the exposed lake bed will create massive dust woes for miles.

“Our goal is to get something in place before the salinity of the Salton Sea gets so high that we won't have fish at the sea any longer, and therefore birds won't have anything to eat,” Nichol said.#

http://www.mydesert.com/apps/pbcs.dll/article?AID=2008811300325

 

Outcome of Recent Water-Quality Events to Shape California Development

California Real Estate Journal – 11/24/08

By SHANDA M. BELTRAN

Shanda M. Beltran is a senior counsel in the Orange County office of Allen Matkins practicing in the Land Use, Environmental and Natural Resources group.

 

Development in California could become more difficult depending on the outcome of recent events concerning water-quality regulation.

An ongoing court battle has the potential to reshape storm water regulation entirely. Pending renewal, the statewide construction storm water permit contains proposed provisions that could dramatically raise the cost of construction and even affect feasibility. Pressure to regulate the design of projects through local storm drain permits continues to squeeze the industry.

 

Court Battle to Impact All Water Quality Programs

In August, a trial court handed down a rare victory for the regulated community to several Los Angeles-area cities and the Building Industry Association in the case of City of Arcadia v. State Water Resources Control Board. The court's ruling would force the Los Angeles Water Board to revise all of its water-quality standards applicable to storm water to make them more reasonable and achievable economically.

 

Basin Plans, akin to General Plans for water, contain water-quality standards which identify the beneficial uses of waterbodies (i.e., fishing or swimming) and establish the maximum amount of pollutants that can be present in the waterbodies. Water-quality standards provide the base for water-quality regulation. Permits incorporate the standards, and several other regulatory programs are tied to maintaining the standards in local waters.

 

Revision of the standards, per the court's order, will affect all businesses, developments and construction projects with permits in L.A. and Ventura counties as well as county citizens through programs applied to public storm drains and other regulatory vehicles. If the Los Angeles Water Board revises the standards to consider the statutory factors, some of the strict limitations placed on flows to local waters (e.g., zero trash even during flood events) could be modified, making permit limits more attainable.

 

The Arcadia case also has statewide implications, because other regions of the state have water-quality standards that were established in the same flawed manner as was at issue in the Arcadia case. Thus, all the areas of the state could soon be looking at a new playbook for storm water regulation.

 

Both the State Water Board and three environmental groups are challenging the trial court's order and will likely file formal appeals of the trial court's decision. As the case continues, and while the water boards are determining how to review the standards per the court's directive, the water-quality standards remain unchanged.

To underscore the importance of the Arcadia case, the State Water Board's chief attorney issued, and then retracted, a moratorium on all new development and all new industry in the Los Angeles and Ventura county areas. In a unilateral action, he issued a directive to stop processing all new permits for new construction projects, utility projects and new industrial flows in Los Angeles and Ventura counties.

 

The moratorium was issued because each of the permit programs it halted contain terms that require permittees to not violate water-quality standards. Because the standards were called into question in the Arcadia ruling, the State Board attorney felt that the permit programs had to be put on hold, which the cities and BIA deemed to be a misinterpretation of the court's order.

 

Only through a quickly negotiated stipulation with the cities and BIA, and against the wishes of the environmental groups, was a resolution reached that put the construction industry and other permitted groups back in business.

 

The moratorium demonstrates the importance of the Arcadia case and its potential ramifications on the permits that control development and construction in the state.

 

Construction Storm Water Permit to

Transform the Industry

 

One of the permits that was temporarily affected by the Arcadia moratorium, the statewide construction storm water permit, affects all construction projects that are one acre or larger throughout the state.

 

This permit is undergoing renewal by the State Water Board with drafts issued in March 2007 and March 2008.

 

The current draft permit contained proposals for new stringent water-quality regulations never before seen in California or in any other state. The proposals would require all construction sites to adhere to strict numeric limits for storm water flows and would seek to control the design of developments through post-construction requirements.

 

The implications of the revisions to the permit are significant to all those in the construction and development industries. Compliance with this permit program can be extremely costly as failure to properly comply with construction storm water permits has led recently to multimillion-dollar lawsuits and agency enforcement actions reaching six- and seven-figure settlements.

 

After having received hundreds of written comments on the permit, the State Board staff is now reevaluating the permit before issuing another draft. Speculation holds that the State Board staff is awaiting a proposal by the U.S. Environmental Protection Agency later this year related to the validity of numeric limits for construction projects before continuing to press for such limits in the California permit.

 

Public Storm Drain Permits to

Shape Project Design

The public storm drain permits in Southern California are going through their five-year reissuance processes and have been under increasing pressure from environmental groups and the EPA to include additional restrictions on post-construction controls for new development and redevelopment projects. The types of controls are often classified as "low-impact development" requirements that control the design of projects and would, for example, dictate the amount of impervious surfaces (buildings, paving, etc.) that could be placed on a project site.

 

The permit for San Diego County, already approved, contained relatively mild low-impact development requirements. However, the draft Ventura County permit proposes significantly ramping up the restrictions placed on development in the name of water quality. In a proposal that could be a precedent-setting permit for all of California, the draft Ventura County permit contains strict numeric restrictions on post-construction impervious cover and contains numeric limitations on storm flows that would apply to the municipalities.

 

The proposed numeric limits on storm flows would lead to trickle-down requirements and costs imposed upon all businesses and citizens in the county to implement and/or pay for the installation of storm water treatment plants necessary to comply with the numeric limitations. One estimate maintains that households in the county would see increases of $600 per year in storm water fees to pay for new systems.

 

The proposed stringent limitation on impervious cover would likely make infill development extremely difficult to implement and would require the dedication of large areas of land to storm water retention. These types of design restrictions would take land use planning out of the hands of local governments and place it in the hands of the Water Board.

 

The EPA has interjected itself directly in the processing of the public storm drain permits, calling for restrictions such as those proposed in Ventura County in all public storm drain permits statewide.

 

Processing of the Ventura County permit was affected by the Arcadia-related moratorium; however, the Los Angeles Water Board has reinstated processing the permit, and it is expected that the permit could be finalized in the near future. Unknown at this time is whether the current controversial provisions in the draft will survive in the final permit.

 

With the pressure imposed by the EPA, the Ventura County permit could become a model for the state and could impact all businesses, projects and citizens of California.#

http://www.carealestatejournal.com/newswire/index.cfm?sid=&tkn=&eid=898105&evid=1

 

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