Hearing delays stormwater permit
North County Times
by GIG CONAUGHTON, Staff Writer

June 22, 2006

SAN DIEGO ---- City, county, business and development leaders cried poor and asked for more time.

Environmentalists said the region's beaches, bays and lagoons deserved improved protection now. San Diego County's regional water cops listened to both sides Wednesday and decided it would take at least two months longer than expected ---- until October or November ---- to create their new, tougher-than-ever stormwater regulations.

San Diego Regional Water Quality Control Board members decided to hold a second public comment period on their proposed stormwater permit ---- rather than end all comments Wednesday ---- in the latest twist in the ongoing water-pollution saga.

The control board ---- which polices water pollution from Orange County to the Mexican border ---- issued a tough stormwater permit in 2001 over complaints from cities, counties and the Building Industry Association.

For the last two years, the agency has been working to create an improved version of the permit that requires governments and others to control stormwater runoff ---- rain and irrigation water that runs down gutters and storm drains and carries pesticides, fertilizers, animal fecal matter, oil from cars and other pollutants to beaches, streams and lagoons.

The current permit and the newly proposed permit require local governments to implement plans to treat runoff or to catch pollution before it ever gets to sewer systems, and to monitor the results.

Local government officials, and other opponents, have always complained the permit requires expensive action ---- and comes without funding to pay for it, leaving them to consider cutting other services to fund clean water actions.

On Wednesday, the agency held a public forum to listen to comments about its draft plan, which was released in March.

Control board staff members recommended that the board listen to the public comments Wednesday, close the public hearing on the draft plan, and use the input to create a final permit to police stormwater runoff that could be approved Aug. 9.

But speaker after speaker Wednesday asked the control board for more time.

In particular, speakers representing the regions' "permitees" ---- the county of San Diego, the county's 18 cities, the Port Commission, the Building Industry Association and others ---- said they wanted to see the control board's response to their comments ---- and be able to comment again.

Control board members decided to close the public hearing Wednesday.

But they promised to reopen hearings and take a second round of comments in 60 days, after a revised draft permit is created.

Meanwhile, opponents of the new draft plan said it would be even more expensive than the 2001 permit, which remains in effect until a new plan is created.

Jon Van Rhyn of the county of San Diego said, "We (the county, cities and Port District) spend about $1.1 million in the region on monitoring. With the changes that are proposed right now, that could easily increase $2 million or $3 million on top of that."

Others suggest costs could be even higher. A coalition representing the San Diego Regional Chamber of Commerce, the Carlsbad Chamber of Commerce and the San Diego North Economic Development Council said cities in the region could face $100 million in increased costs over five years.

John Robertus, executive officer of the control board, said he did not think there were big differences between the 2001 permit and the draft plan.

But Phil Hammer, an environmental scientist with the control board, said the new plan would call on cities and the county to increase their testing and monitoring, street sweeping and sewer-line cleaning. He said that was because such actions are not requirements now, but may become requirements under the revised permit.

"In some cases we found when we provided 'flexibility,' not much gets done," Hammer said.

Meanwhile, city officials again raised complaints about lack of funding.

"Do we want to do what's right?" asked Encinitas Deputy Mayor James Bond. "You bet we do. Do we have any funding from anybody to do that? No."

But environmental officials said local governments have had years to fix their problems ---- and that the county's waterways and citizens were suffering.

"When it rains, everybody feels it's pretty much OK to say 'Don't go in the water for 72 hours,'" Marco Gonzalez of San Diego Bay Council, referring to the fact that rain runoff washes pollution straight to the sea and bay. "That is offensive, and should offend every one of you sitting here today. This permit is supposed to fix that problem."

Contact staff writer Gig Conaughton at (760) 739-6696 or gconaughton@nctimes.com.

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