HomeMy WebLinkAboutResolution - 95 - 53 RESOLUTION NO. 95-53
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JACINTO IN SUPPORT
OF AMENDMENTS TO THE CLEAN WATER ACT
WHEREAS, the United States House of Representatives has approved HR961,
a reauthorization of and amendments to the Clean Water Act (CWA); and
WHEREAS, HR961 repeals Section 402(p) of the CWA and amends the CWA to
include Section 322, Stormwater Management Programs; and
WHEREAS, the purpose of Section 322, as stated in the Section is:
to assist States in the development and implementation of stormwater control programs
in an expeditious and cost effective manner so as to enable the goals and requirements
of this Act to be met in each State no later than 15 years after the date of approval of
the stormwater management program of the State."; and
WHEREAS, Section 322 requires the States to develop reports that identifies the
"...navigable waters within the State which, without additional action to control pollution
from stormwater discharges, cannot reasonably be expected to attain or maintain
applicable water quality standards..." and the "...stormwater discharges that add
significant pollution to each portion of the navigable waters..." and the "...measures to
control pollution from each category and subcategory of stormwater discharges identified
in subparagraph (B) and to reduce, to the maximum extent practicable, the level of
pollution resulting from such discharge..."; and
WHEREAS, Section 322 requires the States to develop, "In substantial
consultation with local governments," stormwater management programs, "...for
controlling pollution added from stormwater discharges to the navigable waters..."; and
WHEREAS, Section 322 establishes grants to fund State and local demonstration
programs and research to identify adverse impacts of stormwater on receiving waters,
identify the pollutants in stormwater which cause the impacts and to test innovative
approaches to address the impacts of source control measures; and
WHEREAS, Section 322 requires that stormwater criteria be established that is
technologically and financially feasible based on the demonstration programs and
research grants and other available stormwater information; and
WHEREAS, the California State Water Resources Control Board established a
State-wide Stormwater Task Force to review, evaluate and recommend policies and
procedures on how to best deal with municipal stormwater pollution programs; and
WHEREAS, Cities, Counties, Special Districts, Region IX of the EPA, and other
interested California agencies are participants in the California Stormwater Task Force;
and
WHEREAS, it has been determined by scientific study and the consensus of the
Task Force that it is both technically and economically infeasible to meet prescribed
numeric limits of constituents in municipal stormwater discharges as envisioned
eventually by the current National Pollutant Discharge Elimination System permit
program as set forth in Section 402(ps) of the current CWA; and
WHEREAS, the City of San Jacinto, the County of Riverside and twenty-two Cities
in the County, are having to levy annual assessments of over $5,500,000 to meet the
requirements of the NPDES permits without the benefit of proven problems and sources
of stormwater pollution and scientifically and engineering sound solutions to said
unknown problems; and
WHEREAS, Section 322 of HR961 provides a reasonable process for defining the
problem of stormwater pollution while providing for the development of reasonable
control measures in the interim; and
WHEREAS, EPA and the U.S. Army Corps of Engineers have interpreted that
Section 404 of the CWA requires the district to obtain permits to do routine maintenance
work in its channels, levee systems, dams and reservoirs, including removal of excess
vegetative growth that obstructs flood flows; and
WHEREAS, the U.S. Army Corps of Engineers has been reluctant to allow such
routine maintenance work to proceed without conditions of prohibitive mitigation
requirements; and
WHEREAS, the U.S. Army Corps of Engineers has been slow to issue permits
when the District has a limited time period during the "dry season" to perform such work,
thus causing some of our facilities to be at risk during the flood season; and
WHEREAS, this situation occurred along Murrieta Creek in southwest Riverside
County as it passes through the cities of Murrieta and Temecula prior to 1993; and
WHEREAS, the Santa Ana River Levees, constructed by the U.S. Army Corps of
Engineers in 1958, are experiencing degradation along the face of the levee, threatening
its integrity to restrain the floodwater; and
WHEREAS, the District prepared a plan to repair this condition when the problem
was discovered in 1992; and
WHEREAS, it took the U.S. Army Corps of Engineers two years, to the Fall of
1994, to issue a CWA Section 404 permit to perform this emergency repair work
because of concerns over an endangered "Wooly Star Plant" that was found in the river
bottom.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Jacinto does hereby request the United States Senate to amend the Clean Water Act
with regard to stormwater in like manner as set forth in Section 322 of HR961 and to
amend Section 404(f) (1) (b) by adding the following language flood control channels or
other engineered flood control facilities," after the words "such as dikes, dams, levees..."
BE IT FURTHER RESOLVED that the City Clerk forward copies of this Resolution
to the Chairman of the United States Senate Committee on Environment and Public
Works and the District's representatives in the United States Senate, Senators Barbara
Boxer and Dianne Feinstein.
PASSED, APPROVED AND ADOPTED this 7th of Nov. 1995 at the
regular meeting of the City Council of San Jacinto by the following vote:
AYES: Councilmembers Leahy, Oaks, Williams, Mayor Solorio
NOES: None
ABSENT: Council seat Vacant
ABSTAIN:
David B. Solorio, Mayor
ATTEST:
- ;,� —
au ie Mora, Depu City Clerk