California Coastkeeper files storm water permit suit

By CMTA Staff

Capitol Update, June 6, 2014 Share this on FacebookTweet thisEmail this to a friend

The State Water Resources Control Board (SWRCB) approved the Industrial General Permit for storm water discharges on a unanimous vote on April 1st. As anticipated, California Coastkeeper, the most outspoken critic of the approved Permit, has filed a Writ of Mandate asserting inadequate monitoring for compliance with receiving water limits and challenges SWRCB’s deferral of limits implementing “Total Maximum Daily Load” (TMDLs) under the approved Permit. Under the appeal, the group is asking for:

  • Issuance of a writ of mandate directing the SWRCB to immediately reopen the 2014 Permit to include monitoring requirements sufficient to determine that discharges do not cause or contribute to exceeding any applicable water quality standard as required by Receiving Water Limitation VI.A.;
  • Issuance of a writ of mandate directing the SWRCB to reopen the 2014 Permit to include effluent limitations that are consistent with the assumptions and requirements of the 20 TMDLs with waste load allocations (WLA) specific to industrial storm water discharges as follows: 
  • For any TMDLs that have concentration-based WLAs, zero discharge WLAs, and any WLAs that require no translation to become effluent limitations, to hold a hearing to consider adoption of the required effluent limitations into the 2014 Permit no later than July 1, 2015;
  • For any TMDLs not described above, present TMDL-specific effluent limitations no later than January 1, 2016, and hold a hearing to consider adoption of these required effluent limitations into the 2014 Permit no later than July 1, 2016; and
  • Award to the California Coastkeeper its costs and fees for bringing suit for SWRCB’s violations of the Clean Water Act and State law as provided under the Code of Civil Procedure section 1021.5.

Undoubtedly, industry interests will need to intervene in the case to avoid decisions affecting their future. 

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