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HomeMy WebLinkAbout2011 010 CC RESO RESOLUTION NO. 2011-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUPPORTING THE LEAGUE OF CALIFORNIA CITIES, LOS ANGELES DIVISION, CALLING FOR REASONABLE, PRACTICABLE, AND ECONOMICALLY ACHIEVABLE TMDL AND MUNICIPAL NPDES PERMIT REQUIREMENTS WHEREAS, on February 16th, the League of California Cities, Los Angeles Division ("League") adopted a resolution calling for reasonable, practicable, and economically achievable total maximum daily load (TMDL) and municipal National Pollutant Discharge Elimination System (NPDES) permit requirements (see attached League resolution); and WHEREAS, the League's resolution encourages the use of water quality based effluent limitations (WQBELs) in executing total maximum daily loads (TMDLs) in NPDES permits issued to Los Angeles County municipal permittees in accordance with federal stormwater regulations; and WHEREAS, the use of WQBELs would prevent requiring the City, as a municipal NPDES permittee, to strictly comply with numeric limitations associated with TMDLs by allowing compliance to be achieved through the implementation of best management practices (BMPs); WHEREAS, if the Regional Board does not allow the use of WQBELs to comply with TMDLs placed into NPDES permits, and relies instead on State law to compel compliance, it will create an unfunded mandate, which could impose onerous compliance costs on the State resulting from successful unfunded mandate claims raised by affected municipalities; WHEREAS, the City, along with many municipalities in Los Angeles County, fully supports the League's resolution; WHEREAS, the resolution proposed herein also authorizes the City to take actions necessary to promote the use of WQBELs and/or other regulatory mechanisms to assure that compliance with TMDLs or municipal NPDES permit requirements is achieved through the implementation of best management practices without having to meet a numeric limitation on the pollutant for which a TMDL was created to address; Resolution No. 2011-010 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Mayor and his/her designee take the following actions: 1. forward the League's resolution and this resolution to county, state, and federal elected officials and to appropriate state and federal regulatory agencies, and provide an explanation of their intent and purpose; 2. communicate in writing and meet as often as necessary with elected officials and regulatory agencies on this matter; and 3. challenge through administrative claims or petitions, or litigation of any regulatory requirement that would impose upon the City strict compliance with numeric limitations in TMDLs, municipal NPDES permit, or other regulatory mechanisms. SECTION 3. That the City Clerk shall certify to the adoption of the Resolution and shall cause the same as to be published or posted in the manner pr-scribed by law. APPROVED AND ADOPTED this 16th d-y • ' :rch, 2011. MA '1 ELLtee 'AYOR Resolution No. 2011-010 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2011-010 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 16, 2011, and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: Monica Garcia, Ricardo Pacheco, Susan Rubio, and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Marlen Garcia ABSTAIN: COUNCIL MEMBERS: NONE • URA M. NIETO, CMC a EPUTY CITY CLERK