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