CICWQ-APRIL 2024 Recap
1) Santa Ana Regional Water Quality Control Board – Santa Ana Watershed Regional MS4 Permit Development and Renewal Process
The Santa Ana Regional Water Quality Control Board just released a proposed region-wide Phase I Municipal Separate Stormwater Sewer System Permit (MS4) for public review and comment in March 2024.
The proposed permit combines three existing Phase I MS4 permits for north Orange, western Riverside, and western San Bernardino counties into a single regional permit, encompassing the Santa Ana River watershed area.
Several new MS4 permits elements are proposed, which will change how the three counties implement the provisions of the permit. Most notable are new requirements for watershed planning and more stringent on-site requirements for roadways to manage and treat stormwater runoff as part of new and redevelopment projects.
CICWQ has worked for many years with the Regional Board and its members and staff and public works agencies in the three county areas to consider changes to the three existing MS4 permits, which would protect water quality and increase compliance flexibility for new and redevelopment projects within the Board’s jurisdiction.
Notable in the Draft MS4 permit is a new, region-wide water quality credit trading program, which would be available to all permittees to meet their stormwater treatment requirements when a property is developed or redeveloped.
2) Los Angeles County Safe, Clean Water Program Editorial by Mike Lewis
The Los Angeles County Safe Clean Water Program (also known as Measure W) has been in effect for more than five years, collecting hundreds of millions of dollars in parcel tax revenue for building water quality improvement projects in nine County watershed areas.
Good intentions don’t always translate into effectiveness, with the County and its cities years behind in building projects that collect stormwater runoff and improve water quality. Mike Lewis, Executive Vice President for CICWQ, recently authored an article on the program's status and communicated concerns about the speed of project construction, which CICWQ—and as you will read—many other important stakeholders believe is holding the program back and decreasing its effectiveness.
3) Waters of the United States Definition – United States Supreme Court Ruling Update – Sackett v. U.S. EPA
Over the years, CICWQ has followed the work of the law firm Briscoe Ivester & Bazel LLP on Clean Water Act regulatory affairs, notably issues surrounding land use and property development adjacent to wetlands, streams, and rivers.
Based on the recent (2023) Supreme Court of the United States decision in Sackett v. U.S. EPA, the firm has prepared some excellent summaries of how the U.S. EPA is now attempting to interpret the decision and meld the Court’s direction with its existing regulatory structure and definitions for what is and is not a “wetland” and “adjacent.” Our thanks to Briscoe Ivester & Bazel for the information on a complex topic and update on how the Federal government is proceeding. Learn more about this issue by clicking on the items below.
4) California Water Supply and Reliability Issues
CICWQ and its building and construction industry association membership support the creation of a diverse water supply portfolio throughout California. We believe in using all tools available in our toolbox to help create a sustainable water supply for everyone.
In keeping with that mission, CICWQ has been working for the past year with the Secure Water Alliance, Rebuild Socal Partnership, and a broad coalition of public and private water interests to advocate for water project funding at the state level.
In April, the coalition submitted a letter detailing a $9.5 billion request to Governor Newsom and the Legislature. The letter asked that the 2024 Resources and Climate Resilience Bond dedicate funding and bond investment priority to nine water-related categories.
