Storm Water

Urban Runoff - Haste Makes Waste
BIA is committed to helping develop a policy that fairly and effectively mitigates pollution associated with non-point source storm water runoff. A problem decades in the making, however, cannot be solved overnight by the storm water quality regulatory program proposed by the San Diego Regional Water Quality Control Board ("SDRWQCB"). The problem with this hastily drafted program is that:

* It does not identify or target major sources of pollutants;
* It is not supported by scientific data evidencing pollutant sources and effective eradication techniques;
* It comes at great expense to the building industry, private land owners and to land resources;
* It threatens to exacerbate an already crisis situation in the California housing market, particularly scarce "affordable" housing.

The theory behind the permit is that water pollution can be prevented by stopping water. Beach closings will not be prevented with the implementation of this permit since beach closing are predominantly caused by sewage spills.

The permit will be costly and offer negligible environmental benefits. The Board's Environmental Specialist, Deborah Jane concluded at the first copermittee workshop that it would be "decades" before any net environmental benefit will be achieved under this program.

The permit calls for the creation of hundreds of costly small-scale water treatment facilities and is dependent on infiltration to capture and treat water prior to its release into an MS4. The premise is flawed considering nearly 85% of San Diego's topography has limited infiltration capabilities.

Since the region's storm water problems stem from existing land use actions, new development and redevelopment would carry a disproportionate share of the financial obligation to implement the provisions of the permit. San Diego already has the unfortunate distinction of being the 7th most expensive housing market in the nation and any additional costs would ultimately be borne by new homebuyers. The provisions set forth in this permit will only make a bad situation worse.

In proceeding with the permit and the mandated requirements to be implemented, SDRWQCB has also failed to consider a number of potentially significant adverse environmental impacts including the impact on groundwater quality, the impact of decreased flows on downstream users, the generation of solid and/or hazardous wastes, the creation of various nuisances throughout the county, the reduction of available land for low and moderate-income housing and other development, and the general impact of the development of infiltration basins/ponds, wet ponds, grassy soils and extended detention basins throughout the county. The failure to comply with the requirements of CEQA mandates a stay of the implementation of the proposed permit until the required environmental evaluations can be completed.

Stormwater Permit Goes Back to Court
The stormwater regulation battle resumed in June as the Building Industry Association of San Diego County (BIA) appealed a February 13, 2003 Superior Court ruling on the permit to the Fourth District Appellate Court. Today’s action seeks to overturn the lower court ruling and subsequently force the regional water board to redraft the permit.

“We are not giving up. San Diego has too much at stake,” said BIA President Kent Aden.

The original lawsuit was filed after fierce opposition from a mix of business groups and local governments was largely ignored by state and regional water quality officials, and the flawed permit was forced upon all stakeholders with little regard for the vast cost and minimal environmental benefit.

The entities that filed this appeal include the city of San Marcos, the San Diego County Fire Districts Association, the Building Industry Legal Defense Foundation, the Construction Industry Coalition for Water Quality, the California Business Properties Association, and the Building Industry Association of San Diego County. To prevent any misinformation on the intent of the appeal, BIA President Kent Aden clarified a few points. “ This appeal is not, and the original lawsuit was not, about erosion or sediment control or preventing construction-related contaminants from getting into the storm drains. These things are already common practice on a jobsite today, and are governed by the State Construction Permit,” said Aden.

According to the BIA, the legal challenge is about runaway bureaucratic regulations that add overwhelming cost to the already burdened building process, usurp local land use planning authority and will not lead to significant improvements in coastal water quality. Regrettably, the association was forced to pursue legal action because the state and regional boards disregarded widespread concerns expressed by all parties affected by this permit.

WHO IT AFFECTS DOES MATTER

“This permit does not exist in a vacuum. It has real-life consequences that matter, and they need to be considered and talked about. The media has the responsibility to help educate the public on the reality of this permit,” said the association’s CEO Paul Tryon.

The permit being challenged has negative social and financial impacts that affect the lives of San Diegans in many ways. 1) It increases the cost of homes that most people already can’t afford to buy; 2) your employers could incur fines and increased insurance premiums which means less money for raises or new positions; 3) the firefighters who protect you won’t be able to train as easily, or clean and turnaround their trucks as readily; 4) it could mean higher prices at your grocery stores and the restaurants you enjoy; 5) your monthly homeowner association fees will likely increase; 6) your city services are threatened; and 7) you could be personally fined if you wash your sidewalk or driveway, or fail to use prescribed measures for home gardening! What does that mean for those fund-raising car washes for students and charitable groups?

The San Diego County Fire Districts Association, representing 14 fire districts, joined the original lawsuit because the regulations make their training more difficult and costly. It will cost each station $60,000 just to allow them to legally wash their trucks! Homeowner associations have a tremendous future liability because the permit makes them vulnerable to lawsuits, and requires them to maintain treatment and collection systems forever.

All of this impact, and for what? According to the challengers, the permit doesn’t make sense the way it is presently crafted. “Consider this: If you stood at the corner of 6th and Broadway downtown on a rainy day, all of the water, debris and chemicals running down 6th Street, past every existing home and business, is NOT governed by the existing permit. It free-flows into the drains and ocean, with no treatment and no penalty. However, if there is one liquor store parking lot (100x50 feet) being re-paved, or one lot under redevelopment, those isolated property owners would be required to capture and treat the water before releasing it into the drains, and the property owner is required to do this forever.

“This is a ridiculous, very expensive piecemeal approach that should be changed to provide regional ways to improve the cleanliness of our water,” said Tryon. Even the staff for the water board acknowledged that “potential environmental benefit will not be achieved for at least 10 to 20 years,” said Tryon.

IF NOT THIS, THEN WHAT?

Since new residential development and redevelopment has not been shown to be a major contributor of pollutants of concern to receiving waters, the BIA is advocating more sensible, productive regional watershed solutions to surface water quality concerns. The goal should be to determine appropriate open-space locations that can serve the dual purpose of being an aesthetically pleasing place for the public during dry weather and a storm water treatment wetland during wet weather. The economies of scale may also allow for the treatment of bacteria, which the small scale, site-by-site treatment methods proposed by the challenged permit would not. These projects would also allow for the creation of maintenance districts which would guarantee maintenance much better than the proposed project-by-project approach, which would require maintenance by homeowners, homeowners associations, etc.

BIA is committed to securing a better permit: one that is socially responsible and fair and is economically feasible. The association’s leadership strongly believes in this quest because it is best for San Diego’s future.

The Building Industry Association is a non-profit trade association that provides legislative advocacy, networking, and industry communications to its 1,410 member firms that earn their livelihood in the building and development industries.