Proposed runoff rules to be reviewed

By: LAURA MITCHELL - Staff Writer | Thursday, January 8, 2004 9:53 PM PST ∞

Changes proposed for Southwest County storm water permits could change the way people wash their cars or water their lawns, add more rules for businesses that regularly dispose of grease and chemicals, and would put tighter controls on erosion at construction sites.

The proposed regulations seek to clean or prevent runoff water containing oils, chemicals and other pollutants from entering into storm drains via construction sites, businesses and homes. Runoff water goes either to the Pacific Ocean via the Santa Margarita River, which is formed by Temecula and Murrieta creeks, or seeps into the ground, where it is tapped for drinking water.

Under the new rules, cities would have to design new guidelines and monitor household activities such as gardening, landscaping, car washing and maintenance ---- although specifics are not yet detailed.

The changes are coming about as the result of a stormwater runoff permit covering the area that expired Nov. 30. The permit was shared by the cities of Temecula and Murrieta, Riverside County and the Riverside County Flood Control and Water Conservation District, and set regulations for the amount and content of water that runs into storm drains all over Southwest County.

The San Diego Regional Water Quality Control Board, which covers the Temecula and Murrieta areas, is changing the rules to bring its proposed stormwater permit in line with the federal Clean Water Act.

The regional water board will hold a public hearing on the proposed new regulations Feb. 11 at the Rancho California Water District, 42135 Winchester Road in Temecula. A workshop on the permit is planned for 8:30 a.m. Jan. 23 at Temecula City Hall.

The proposed new rules would mean added responsibility for the cities and the county, which would be required to assess and revise planning documents, expand inspection programs and impose sanctions on violators.

Businesses and restaurants may be required to improve they way they dispose of chemicals and grease. Building Industry Association attorney Jerry Livingston said new rules on erosion control could add between $10,000 to $20,000 per lot to developers' expenses.

Developers in San Diego and Orange counties are already complying with similar regulations imposed there.

Other rules call for "phasing" of grading, where a developer cannot strip a plot of land all at once, but must grade in sections, to keep the potential for runoff down. Builders must also do more frequent inspections during the rainy season and on smaller pieces of land.

The regulations in San Diego and Orange counties have been challenged in court. Although a San Diego Superior Court judge rejected a BIA lawsuit in February 2003, the association appealed the decision. No hearing date has been set for the appeal.

Tim Piasky, director of environmental affairs in the BIA's Diamond Bar office, said it is too early to tell if a lawsuit will be filed for the permit that effects Southwest Riverside County because it is in draft form right now.

"We don't know what form it's going to be in when it gets adopted," he said.

Officials with BIA are still in the process of evaluating and coming up with a response to the draft permit, he said.

Some local officials decry the move to give local governments added responsibility, which would equate to added costs during already tight budget years.

"It's an expensive program to administer and maintain," said Aldo Licitra, Temecula pollution discharge engineer. However, he said it was too early to give specific information on how much the new regulations would cost Temecula.

Officials at the city of San Marcos have estimated the new regulations would cost their city $1.5 million. San Marcos joined BIA in the lawsuit against the regional water board.

Proponents of the regulations acknowledge there will be added costs to local governments, but maintain that more needs to be done to prevent polluted runoff water from making its way into the ecosystem.

David Beckman, an attorney for Natural Resources Defense Council, an environmental group that supports the changes, said that for the last 10 years, cities have gotten away with doing "virtually nothing" to improve water quality.

In the past, cities had some flexibility in their clean water programs. The new regulations are more specific, he said.

Contact staff writer Laura Mitchell at (909) 676-4315, Ext. 2621, or lmitchell@californian.com.