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About
EKI
Officers & Project Managers Office Locations Newsletters |
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IN THIS ISSUE |
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Stormwater Management For New Development |
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Update On California Stormwater Regulation |
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Litigation Support Services |
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| STORMWATER PLANNING AND EVALUATIONS | |
| Erler & Kalinowski, Inc. ("EKI") provides a variety of stormwater-related services to both private and public entities. Our services include evaluations of post-development stormwater impacts in support of CEQA, litigation support as part of Clean Water Act citizen suits, and hydrological and stormwater quality modeling. This e-newsletter includes a summary of EKI’s stormwater services for new developments, a discussion regarding potential implications associated with the recent legal rulings in California regulations, and an overview of EKI’s litigation support services. | |
| SEPTEMBER 2008 | |
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| Stormwater Management For New Development | 
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 Through all stages of planning, design, and implementation of stormwater management measures, EKI has extensive experience developing stormwater management strategies for new developments that take into account federal, state, regional, and local laws and regulations. EKI has worked with multiple developers in the planning and evaluation of stormwater discharges in support of Environmental Impact Reports ("EIRs") prepared in accordance with the California Environmental Quality Act (“CEQA”). EKI has also helped developers plan for stormwater discharges into receiving waters with established Total Maximum Daily Loads (“TMDLs”) and those listed as impaired under Section 303(d) of the Federal Water Pollution Control Act. Understanding the regulatory framework of a project is critical for project approval by the regulatory agencies. Potential implications of recent court rulings regarding urban and other stormwater discharges on the new development and stormwater discharges in California are discussed further below.EKI has designed and implemented stormwater quality monitoring programs consistent with the State Water Resources Control Board’s Surface Water Ambient Monitoring Program. These stormwater quality data can be used to establish a pre-development baseline for comparison to estimated post-development stormwater runoff quality. EKI has used both observed data and computer models to estimate potential stormwater runoff quality from a development. EKI recently assisted a client with a comprehensive stormwater management strategy to support the EIR/CEQA process for a proposed large, mixed-use development encompassing over 2,000 acres of land currently used for agricultural purposes. To establish a baseline of pre-development conditions, EKI developed and implemented pre-development stormwater monitoring program at the site. To enhance the defensibility of the stormwater data, EKI’s monitoring program was set up following guidance in the State Water Resources Control Board’s Surface Water Ambient Monitoring Program. EKI planned post-development management and treatment of development stormwater and also devised a strategy for management of pre-development runon from off-site areas. The potential interaction of upstream agricultural runon was studied and a plan was devised to isolate runon from future development runoff. Separating agricultural runon from development runoff allowed the development to remove any potential stormwater quality impacts and future compliance issues associated with the constituents in agricultural runon. However, because agricultural runon flow was altered, there was a concern that the stormwater re-routing would be the source of a CEQA water quality impact. EKI performed a detailed statistical analysis to evaluate the effect on agricultural stormwater quality associated with re-routing stormwater. The results of this analysis indicated that agricultural runon quality was being improved as it traversed the pre-development property and re-routing the stormwater would indeed cause a quality impact. As part of post-development management, agricultural runon treatment was incorporated such that it would receive an equivalent post-development treatment and would result in a less than significant impact. To better assess potential stormwater quality impacts from the planned development, EKI also performed stormwater quality modeling using the USEPA’s Stormwater Management Model (“SWMM”) to simulate three separate water quality scenarios: pre-development, post-development and post-development with treatment. EKI developed an innovative Monte Carlo approach to stormwater quality modeling that allowed for estimates of the probability of exceeding water quality objectives instead of just comparing average stormwater quality concentrations. Simulating stormwater runoff facilitated an estimate of the effectiveness of project Best Management Practices and also allowed for comparison of pre-development to estimated post development water quality. In the end, EKI was able to demonstrate that the development would result in a net improvement in stormwater quality discharges for most constituents of concern. |
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| Update On California Stormwater Regulation | |
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Recent litigation (City of Arcadia, et al., v. State Water Resources Control Board et al.) by a group of cities and builder organizations against the State Water Resources Control Board ("SWRCB") will likely have a significant impact on California’s stormwater regulatory environment and the SWRCB’s ability to utilize numeric water quality objectives to regulate stormwater and urban runoff (collectively “Stormwater”). Water quality objectives protect beneficial uses of a water body. The benefits include, for example, body contact recreation for which a numeric limit for fecal coliforms exist.The plaintiffs alleged that the Los Angeles Regional Water Quality Control Board (“LARWQCB”) Water Quality Control Plan, dated 3 March 2005, (“Basin Plan”) implements storm water discharge requirements that violate the California Water Code’s requirement that the Boards balance water quality conditions with economic factors and the need for housing in a particular region (California Water Code (“CWC”) § 13241). On 2 July 2008, the California Superior Court ordered the SWRCB to void and set aside LARWQCB Resolution No. 2005-003, dated March 3, 2005, wherein the 2004 Triennial Review of the Water Quality Control Plan for the Los Angeles Region ("Basin Plan") was approved. Additionally, the court ordered that the SWRCB during the next scheduled triennial review of the Water Quality Standards (“Standards”) in the Basin Plan assess and, where appropriate, revise the Standards which apply or are to be applied to Stormwater in light of the factors and requirements set forth under CWC § 13241 (requiring that the Standards be developed to achieve water quality conditions “that could reasonably be achieved, and after a consideration of the “economic” impacts on the dischargers") and CWC § 13000 (requiring the regulation of state waters “to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible”). The court ordered the SWRCB to cease, desist, and suspend all activities relating to the implementation, application, and/or enforcement of all Standards in the Basin Plan established to achieve “potential” beneficial uses, as applied or to be applied to Stormwater, whether through Total Maximum Daily Loads (“TMDLs”) or other Basin Plan amendments or regulations, or through National Pollutant Discharge Elimination System ("NPDES") permits, water quality policies or otherwise. A “potential” beneficial use would, for example, be a drinking water beneficial use applied to stormwater in a concrete-lined drainage channel that only discharges during rain events; such a beneficial use is likely to never occur. On 16 July 2008, the SWRCB announced that it would no longer approve new stormwater discharge permits under the General Industrial and Construction permits in the LARWQCB region until the LARWQCB had completed the Basin Plan review process, essentially halting all new construction in the region. The LARWQCB cancelled its 10 July 2008 workshop regarding the Ventura County Municipal Separate Storm Sewer System (“MS4”) permit stating it was forced to do so by the court due to the fact that the Ventura MS4 permit introduces numeric stormwater objectives. On 1 August 2008, the Court clarified its earlier ruling and specified that the SWRCB was allowed to continue approving stormwater discharges under the general permits; however, these permitted discharges cannot be subject to TMDL or a “numeric” limit. Consequently, the SWRCB resumed approval of discharges under the NPDES, Construction and Industrial General permits. This litigation may have far reaching implications on future stormwater regulations in California. In particular, efforts to update the General Industrial and Construction General Permits as well as the efforts regarding the Agricultural Waiver for Discharges from Irrigated lands could all be affected. |
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| Litigation Support Services | |
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 EKI has provided litigation support to multiple clients facing complaints filed by citizens or groups of citizens under the Federal Water Pollution Control Act (“Clean Water Act”), 33 U.S.C. §§ 131 l(a) and 1342(p). EKI has evaluated operations at facilities, provided strategic advice on technical issues and has developed stormwater pollution prevention plans (“SWPPPs”) for clients.EKI provided litigation support to an equine facility that during its seasonal peak houses over 350 horses. The complaint was filed against the facility by a regional environmental group under the Clean Water Act, for failure to obtain a National Pollutant Discharge Elimination System (“NPDES”) Permit for alleged stormwater and wastewater discharges containing pollutants from the equine facility to the waters of the United States. Specifically, the complaint alleged that the facility was discharging pathogens and nutrients associated with horse manure in stormwater runoff from the facility that were creating a nuisance and devaluation of property downstream. On behalf of the equine facility, EKI participated in mediation sessions with plaintiffs’ technical advisors and assisted counsel in the negotiation of reasonable stormwater Best Management Practices for the facility as part of settlement. EKI also developed scientifically grounded stormwater quality discharge objectives that were utilized successfully in case settlement as a means for the ongoing monitoring of stormwater quality. EKI evaluated operations at the facility to develop a SWPPP that addressed the handling and collection of manure and suggested structural improvements to the facility to help improve stormwater quality. |
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© Erler & Kalinowski, Inc. 2008 || Site Design JM Design
© Erler & Kalinowski, Inc. 2008 || Site Design JM Design
