S&S Seeds, Inc. P.O. Box 1275 Carpinteria, CA 93014-1275 (805) 684-0436 (805) 684-2798 fax |
LEAF-let, the thrice-yearly newsletter from S & S SeedsBuilding Industry Forced
to Take Out the TrashState Supreme Court refuses to hear
San Diego stormwater case©2005 Wendy Dager
The official Web site of the City of San Diego proudly proclaims it is "America’s Finest City." But even the finest cities have their environmental problems.
With major tourist attractions such as Sea World, the San Diego Zoo and Balboa Park, along with fabulous weather, miles of beach, and beautiful homes, it’s no wonder that county officials are trying to protect San Diego and surrounding areas from stormwater pollution.However, San Diego's stormwater runoff policy, in the form of a state permit approved by the San Diego Regional Water Quality Board, came under fire when the Building Industry Association of San Diego (BIASanDiego) filed a lawsuit in 2001. According to BIASanDiego, the municipal storm sewer systems permit (MS4) for San Diego County, 18 cities and the San Diego Unified Port District was too costly and would provide few environmental benefits.
BIASanDiego believes the permit’s restrictions also would have an adverse affect on homebuyers, businesses and local governments. An example cited on BIASanDiego’s Web site (http://www.biasandiego.org/gov_storm_water.htm) was that, under the municipal permit, each fire station representing 14 districts in the San Diego area would be forced to pay $60,000 to legally wash its trucks.
Despite BIASanDiego's arguments in the case of Building Industry Association of San Diego, et al v. State Water Resources Control Board, the state Supreme Court (4th District Court of Appeals) declined to hear the case on March 24 of this year, upholding a 2003 judgment that said the permit was legal.
According to Paul Tryon, Chief Executive Officer of BIASanDiego, "This permit...has real life consequences that matter, and they need to be considered and talked about. The media has the responsibility to educate the public on the reality of the permit."
That’s What We’re Here For
Back in 1999, The Leaf-let said, "Stormwater runoff carrying soil and other pollutants from construction sites is attracting increased attention from regulators at the Environmental Protection Agency. The State Water Resources Control Board (SWRCB) and the nine regional water quality control boards are stepping up efforts to force compliance as well. This comes in the wake of criticism of regulatory efforts in at least three of the state’s regions." (http://www.albrightseed.com/constructionsitepollution.htm.)
After six years, there is still criticism.
In San Diego's case, however, the criticism of regulatory efforts comes not from the EPA, but from the Building Industry Association, which states, on its Web site: "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 Web site also criticizes the permit by stating: "The theory behind the permit is that water pollution can be prevented by stopping water."
Both Sides of the Story
The Leaf-let called Stacey Baczkowski, senior environmental scientist with the California Regional Water Quality Control Board, San Diego, for comment.
Baczkowski explained that there are three different kinds of stormwater permits: statewide construction, industrial, and municipal, which was the one challenged by the 2001 lawsuit. While there are some differences in each permit, they all have the same intent.
"The goal of all three of those permits is to reduce and eliminate pollutants before they get to the water," said Baczkowski. "It's not about stopping the water."
When asked about Paul Tryon's declaration that even water quality officials admit that potential water benefit will not be achieved for ten to twenty years, Baczkowski said there is a reason behind what can seem like a slow cleanup process.
"An easy analogy is if you weigh 300 pounds, you didn't get to that in a day and you're not going to lose it in a day," said Baczkowski. "It's the same with water quality—you're not going to bring it back overnight."
Working Together
Despite the friction between the Building Industry Association and the water quality control board, Baczkowski praises the BIA for its efforts in trying to abide by the permit.
"Their training classes are pretty good," she said. "They're helping their contractors."
While there has been a lot of attention on the negative aspects of this ongoing saga of builders versus the government, Baczkowski says both sides are working toward compliance.
"It helps when you focus on what's been done right," she said.
S&S Seeds agrees.
Laws are always going to be challenged, which is why proven methods of stormwater mitigation are the best management practice when it comes to a stalemate like the one between the building industry and water quality regulators.
"Building industry employees, landscape professionals, water regulators and S&S Seeds have the shared goal of trying to protect our world while adjusting to its changes," said S&S Seeds' Paul Albright. "At S&S, we look for the most effective products to assist our clients in complying with stormwater runoff laws, as well as meeting the needs of our changing environment."
For more information about our pollution mitigation products, call us at (805) 684-0436.
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