Water Quality and Supply Issues Monthly Update-NOVEMBER 2023
As the Holiday Season approaches, we want to express our sincere appreciation for each and every one of our valued members. Your dedication and support have been instrumental in making CICWQ thrive.
May your celebrations be filled with joy, gratitude, and the company of those you hold dear. Thank you for being a part of our community. Happy Thanksgiving!
As we gear up for winter 2023 and 2024, another El Niño and wetter-than-average conditions for much of California is predicted. With expected rains and resulting runoff, construction sites must prepare for wet weather and button up erosion and sediment control practices. Moreover, winter 2023-24 brings updated statewide construction site stormwater monitoring and reporting requirements, which became effective on September 1, 2023.
Complying with these requirements is paramount for construction job sites because non-compliance can cost owners and operators hundreds of thousands (and even millions of dollars) for response, clean-up, and potentially legal fees. Read more below about recent reports of potential litigation in our first item this month and how you can take preventative measures.
And, check out the latest news from Sacramento regarding water conservation efforts, where the State Department of Water Resources just granted the Metropolitan Water District of Southern California millions of dollars to increase turf rebates for businesses and institutions who want to remove “non-functional turf” from their properties.
WATER ISSUES WORTH YOUR TIME IN NOVEMBER
1) Construction Sites Receiving 60-Day Notice of Intent to Sue for Alleged Stormwater Permit Violations
Citizen suit enforcement authorized within the Clean Water Act (Subchapter V, General Provisions, Section 505 (33 U.S.C. § 1365) is a powerful legal tool used by environmental non-governmental organizations (NGOs) and individuals to identify and sue companies that hold industrial or construction National Pollutant Discharge Elimination System (NPDES) permits.
Following the recent renewal of the California Construction General Permit (CGP) for stormwater in 2022 and the effective date of the permit starting on September 1, 2023, CICWQ is now getting reports of individual permittees receiving 60-day “Notices of Intent to Sue” letters from attorneys and law firms, alleging violations of the CGP.
Most notable are alleged violations for failure to submit timely reports or include data required for permit compliance, monitoring, and reporting. Companies can also be held responsible for failing to implement the required best management practices for erosion and sediment control.
Citizen suit enforcement actions can cost individual companies hundreds of thousands of dollars to defend and settle out of or in court, and depending on the size of the project and the nature of alleged violations, costs can soar into millions.
All builders and contractors who hold CGPs for stormwater are encouraged to thoroughly implement CGP construction site monitoring obligations, including MEETING ALL deadlines for submission of required data, monitoring and inspection reports, and annual reports. Paperwork violations are the most common mistake.
Research done by CICWQ using State Water Board enforcement data for 2016 to 2022 found that more than 70% of violations enforced by the State were for paperwork or reporting deficiencies, including missed report deadlines.
Environmental NGOs and their attorneys are also aware of this fact and are starting to go after companies involved in construction more aggressively. Take action now to prepare for the wet season ahead.
2) Metropolitan Water District of Southern California Receives $38 Million Grant from State for Rebates to Eliminate Non-Functional Turf and Conserve Water
In October 2023, Gov. Gavin Newsom signed Assembly Bill 1572 to phase out the use of potable water to irrigate grass that is not used for recreation or other purposes on commercial, industrial, municipal, and institutional properties, beginning in 2027.
Earlier this month, the California Department of Water Resources presented a $38 million check to Metropolitan officials as part of its Urban Community Drought Relief program. The money granted to Metropolitan will be used to increase its turf replacement rebate for businesses and institutions from $2 to $3 a square foot in 2024. The funds granted will help offset costs to convert up to 30 million square feet of non-functional turf into water-efficient landscaping. See Press Release from Metropolitan.
