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Addressing the Municipal Stormwater Permit: Impact on San Diego's Business Community

This presentation by the Building Industry Association of San Diego County highlights critical concerns regarding the Municipal Stormwater Permit and its implications for regional businesses. Established by the Regional Water Quality Control Board, the permit regulates stormwater discharges, imposing significant costs on construction and property owners. The BIA emphasizes the need for a regional approach to water quality goals, pushing for a more pragmatic, results-oriented permit that minimizes economic impact. The presentation calls on the Business Leadership Alliance to advocate for these necessary changes.

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Addressing the Municipal Stormwater Permit: Impact on San Diego's Business Community

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  1. Municipal Stormwater Permit Presentation by the Building Industry Association of San Diego County to the Business Leadership Alliance Matt Adams & Mike McSweeney August 2, 2012

  2. Regional Water Quality Control Board(RWQCB) • Established by State Legislature, 1967 • Granted Enforcement Authority via Porter-Cologne Act, 1970 • Regulates all stormwater discharges (MS 4 permit) • 9 RWQCB’s across California • San Diego RWQCB includes South Orange and Riverside Counties • Governor Appoints/Senate Confirms • Nine, part-time members (3-vacancies)

  3. Regional Water Quality Control BoardMunicipal Permit Concerns • Direct Communication Prohibited (Ex-Parte rules) • Budget financed via fees and penalties • Regional boards lack scientific and cost effectiveness research. Little Hoover Commission, 2009 “Clearer Structure, Cleaner Water” • “A dramatic negative effect on our regions’ economy” CA State Senate Select Committee on Economic Competitiveness

  4. RWQCB Permits • Construction Permit- first issued 1992. BIA has been actively regulated since • MS 4 Permit requires: – Existing--“pre-development” water runoff on all properties, filtration – New--Mandates infiltration or reuse Geologically infeasible, massive storage tanks, public health hazards, huge liability exposure

  5. Business Impact • Directly affects business and commercial property owners, managers and tenants as they are responsible for individual stormwater and non-stormwater retention systems • Mandatory capture for reuse or infiltration • Direct prohibition of discharge for 85th percentile rainfall • Mandatory inspections for all businesses in San Diego every 5 years. • Point of sale transfer inspection/compliance

  6. Business Impact • Full property retrofitting for any 5,000 sq.ft. expansion • Massive underground storage tanks • Retrofitting/reworking irrigation systems • Reworking A/C condensate, chiller lines • Not an unfunded mandate: Cost born by local government and businesses. How?

  7. Countywide Enforcement Costs • 14,000 “high priority” dischargers, 14,000 sites. (Dunn & Bradstreet) • Expansion from 400 sample sites to 6,000 • Projected cost: $1 Billion dollars/20 years per watershed • $400 million annually on local governments • Significant Capital Improvement Costs increases for Public Works projects • How will these costs be passed on to businesses?

  8. Regional Approach Needed • Property by property approach may take 100 years for positive results (RWQCB) • Regional/Watershed based program • Offsite mitigation/habitat restoration options • Establish water quality goals based on science & engineering standards • Results oriented permit instead of a proscriptive, command/control approach

  9. Next Steps • Timeline . . .Comment deadline is Sept 14th, 2012 • BIA has been taking the lead because we know how onerous this has been to our industry, and the RWQCB is accountable to nobody • Separate from the Construction Permit, this permit targets businesses • BIA has partnered with the County and other cities, and has a working group with BOMA, AGC, Realtors, NAIOP, ABC, & Environmental Groups • Is writing an Alternative Plan due by Sept. 14th

  10. We need BLA’s help! • A New MS4 Permit is coming & will affect all businesses • Requesting BLA take a formal position against the permit as written • The goal is to make the permit pragmatic • Remove job killing provisions • Results oriented, cost effective • Backsliding—must remove the retention mandate • We’re asking the BLA to represent the collective business community’s voice in asking for a watershed based stormwater permit

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