01-07-2003 - National Pollutants Discharge Elimination System (NPDES) - Appeal to State CourtCity of {Nest Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
ITEM NO. B-5
and City Council DATE January 7, 2003
FROM: Shannon A. Yauchzee, Director/City Engineer
Public Works Department
SUBJECT: NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM
(NPDES) - APPEAL TO STATE COURT
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve attached Resolution. 026?03
2. Authorize the Public Works Director/City Engineer to issue a Purchase Order in the amount
of $3,000 from Public Works Sewer Operating Fund (Account No. 189-326-2257-6120) to
the Coalition for Practical Regulation (CPR).
DISCUSSION:
The newly adopted NPDES Permit will result in very stringent and costly requirements to
Municipal Permittees, despite repeated requests from counties, cities, and other entities. The
California Regional Water Quality Board refused to negotiate these concerns by above entities.
As a result, the CPR has been formed to deal with the problems. The CPR consists of 49 local
cities, Los Angeles County, the Building Association, the Los Angeles Economic Development
Corporation and other interested parties. In the past, the CPR .filed a complaint about some
costly and stringent requirements imposed by the newly adopted NPDES Permit.
On December 18, 2002, the State Water Resources Control Board denied any actions on the
CPR's complaint and concerns. The State Board's action has left the CPR with no other viable
alternative, other than to take the matter to State Court. The CPR now has 30-days (from
December 18, 2002) to take this matter to State Court. The cost involved for this action is
approximately $3,000 per city.
ALTERNATIVES:
The only alternative for the City is not to adopt the attached Resolution and not to participate in
this matter with the CPR. In either event, the City has to absorb all costs of stringent
requirements of the permit or to take this matter to State Court alone, which is considered less
effective.
FISCAL IMPACT:
The cost for the State Court action is approximately $3,000 per city. These funds are currently
available through the Public Works Sewer Operating Fund (Account No. 189-320-2257-6120).
n'A 2-f-A.
Prepared by: TVeo.NPalkhiwala� Reyiewed/ p ove by: Shannon A. Yauchzee
Principal Engineer (�'�/ Director/City Engineer
Reviewed/Approved by:
Finance
Attachments: Resolution
Staff Report dated 1-8-0-�,
Z:AAGENDA - 2003\NPDES Appeal to State COUft dOc