On April 15, 2008, the State Water Resources Control Board unanimously approved the Trash Total Maximum Daily Load,TMDL, for the Los Angeles River. This is the second time the State Water Resources Control Board approves the Los Angeles River Trash TMDL and is an important step towards cleaning up the rivers in Los Angeles County from thousands of gallons of trash discharged from storm drains each year. This TMDL will also help significantly reduce and potentially eliminate the trash in San Pedro Bay.
The original Los Angeles River Trash TMDL was adopted by the Los Angeles Regional Water Quality Control Board in 2001 and approved by the State Water Resources Control Board in 2002. Soon after the Trash TMDL was adopted, 21 cities subject to the Los Angeles County municipal stormwater permit and the Coalition for Practical Regulations started a legal challenge of the TMDL both in state and federal court. The Santa Monica Baykeeper participated in this litigation by submitting an amicus brief in support of the Trash TMDL. As a result of the litigation, the Trash TMDL was upheld in every aspect with the exception of the required CEQA analysis. Per the court’s order, the TMDL was set aside in 2006 pending the completion of a proper CEQA analysis. The Regional Water Quality Control Board staff conducted the CEQA analysis as required and in August 2007 the Trash TMDL was re-adopted by the Los Angeles Regional Water Quality Control Board.
At the April 15, 2008 State Water Resources Control Board hearing, the representative of Santa Monica Baykeeper strongly advocated for the approval of the Trash TMDL and pointed that the established point source wasteload allocation of zero trash is the only fair interpretation of the water quality standards in the Los Angeles Region Basin Plan. All cities subject to the Los Angeles County municipal stormwater permit were in fact already required to work towards achieving the goal of no trash in the Los Angeles River by the terms of the permit which state that cities are prohibited from causing or contributing to storm drain discharges that violate the water quality standards of the Los Angeles Basin Plan. Santa Monica Baykeeper’s representative also stated that the goal of clean water cannot be achieved without trash-free rivers and ocean and expressed strong support for the efforts of cities to achieve this goal in the Los Angeles River wishing them the most success in cleaning up the river.
In addition to the zero trash wasteload allocation, the Los Angeles River Trash TMDL imposes on dischargers a schedule by which they have to achieve a certain percent of trash reduction based on data from a specific baseline year. Stormwater dischargers have to achieve full compliance with the zero trash wasteload allocation by 2009.
At the same State Water Resources Control Board hearing on April 15, 2008, Santa Monica Baykeeper also commented on the proposed resolution to support the development of a statewide policy to protect wetlands and riparian areas in California. The policy when developed will be “watershed-based and will extend to all perennial, intermittent, and ephemeral watercourses, including wetlands, from headwater regions to lowland river mouths.” Currently, following the federal courts decisions in Rapanos and SWANCC, the federal authority over many wetlands and all ephemeral and intermittent streams is limited. However, under the California Water Code (Porter-Cologne) the State Water Resources Control Board and the Regional Boards still retain authority to protect the waters of the state.
The policy will be developed in three phases and will include a wetland definition that will be applied by all Regional Boards in their regulatory and enforcement efforts.
At the hearing, Santa Monica Baykeeper’s representative argued for a broader definition of wetlands to provide protection to as many water resources as possible given the many benefits that these resources provide for water quality, habitat and fire protection. In addition, Santa Monica Baykeeper advocated for an accelerated development of the policy and an earlier completion of the phase 3 which is focused on protection of riparian areas. We stressed the importance of riparian areas and their buffers and the need for their protection. In conclusion, Santa Monica Baykeeper cautioned against using wetland mitigation as a viable alternative of natural wetlands. Instead of trying to recreate wetlands we should protect them from destruction and restore them to the maximum we can now.