Water Quality and Supply Issues Monthly Update-OCT 2022
As we move from the hot California summer into autumn and the changing season, the emphasis on California water quality issues remains squarely on the recent renewal of the construction general permit for stormwater.
Adopted on September 8, the revised permit will go into effect in one year, with existing permit holders allowed to operate under the current permit conditions until Sept 1, 2024.
In a related water quality permitting matter, Governor Newsom just vetoed AB 2106 (Rivas –Garcia) that would have imposed a sweeping new NPDES regulatory scheme for capturing stormwater runoff from almost all commercial, institutional, or industrial properties in California. The Governor correctly found that the State has existing authorities to address water quality from these types of properties and that the potential financial imposition was too great.
Infrastructure spending is a huge issue for CICWQ members, and this month we highlight Los Angeles County's recent funding allocation of $144 million for water quality projects.
WATER ISSUES WORTH YOUR TIME IN OCTOBER
1) Construction General Permit for Stormwater Renewed
Change Sheets and Responses to Comments Available for Viewing and Download
On September 8, 2022, the California State Water Resources Control Board renewed and approved the Construction General Permit, a National Pollutant Discharge Elimination System (NPDES) permit regulating stormwater discharges from construction sites.
The final approved permit underwent numerous changes – even as recently as the day of the adoption hearing. A majority of those changes occurred due to concerns raised by the building and construction industry and its technical and legal team.
The newly adopted permit goes into full effect on September 1, 2023. Projects already permitted at that time will have two years to complete work under the existing permit, in effect since 2012.
The State Water Board has posted two Change Sheets circulated the week before the adoption hearing and a response to comments document arising from a limited scope public comment period on the Final Draft permit, which was released for public review on July 22, 2022.
In the coming weeks, we anticipate the State Water Board publishing the final adopted permit, reflecting last-minute changes made at the adoption hearing.
Get updates and learn more about the CGP renewal process and key issues impacting the construction industry.
2) Governor Newsom Vetoes AB 2106, Water Quality: Permits
As proposed and approved by the California Legislature, AB 2106 (Rivas - Garcia) would require the State Water Board to establish a statewide commercial, industrial, and institutional NPDES order regulating stormwater.
Such an order would be a significant new cost and ongoing operational burden for many existing real estate developments, including parking lots, retail and commercial facilities, airports, and related support operations.
Governor Newsom vetoed AB 2106 and, in his statement, highlighted important views about stormwater as a resource and the need to support and help local governments with stormwater capture.
3) Los Angeles County Public Works Approves $144 Million for Water Quality Improvement and Stormwater Capture Projects in Los Angeles County
On October 4th, the Los Angeles County Board of Supervisors approved more than $144 million in funding for water quality and stormwater capture projects and studies. The funding is derived from implementing the Safe, Clean Water Program. Measure W was a parcel tax adopted by Los Angeles County voters in 2018 to address water quality pollution sources and existing water body impairments in Los Angeles County.
