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This report examines the importance of reshaping channels, controlling stormwater runoff, and implementing stormwater management permits to restore the health of streams and creeks in Santa Clara County. It also discusses the legal basis for addressing water quality issues and suggests potential legislative changes.
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Towards Living Streams Santa Clara County Creeks Coalition Richard McMurtry October 2008
River Science Solutions : • Reshape Channels • Stormwater Runoff Control from New Development • Stormwater Runoff Control from Existing Development
Homebuilders Plea • Make a difference • Focus on regional solutions
Stormwater Management Permits • Findings: Based on stream science • Provisions for monitoring stream erosion • Provisions for addressing erosive forces of stormwater from EXISTING development
Legal Basis • 13260 and 13225 together • 13260: Waste Discharge • 13225: “Any factor affecting water quality”
Watershed Analysis Permits • Issued to entities affecting stream stability and water quality • Focused on analyzing diverse water quality problems and potential solutions, including stream erosion
13225 Limitations • Difficulty of enforcement • Limited to public agencies • Limited to problem and solution definition, not implementation • Un-funded state mandate
Potential For Use • Issue to selected high-priority watersheds as demonstration project • Funded with grant funds or ACL penalty money
Legislative Changes • Make 13225 enforceable with ACLs • Make applicable to private agencies as well as public
Requests • Regional Boards: • Solicit staff and public testimony on stream erosion problems and solutions. • Role of Regional Board permitting. • Make applicable to private agencies as well as public • State Board • Support legislative changes
Living Streams for Ourselves and Future Generations
(c) Require as necessary any state or local agency to investigate and report on any technical factors involved in water quality control or to obtain and submit analyses of water; provided that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom.