Building Industry Association (BIA)

Municipal Storm Water Permit
Updated March 31, 2005

On February 21, 2001, the San Diego Regional Water Quality Control Board took one its most important steps in addressing pollution to our bays and beaches by adopting a new municipal storm water permit that regulates urban runoff from the region's 18 municipalities, the County of San Diego and the San Diego Unified Port District. The new permit comes after years of negotiations, failed previous attempts to adopt a permit, and substantial controversy. In fact, while municipal separate storm sewer system (or 'MS4') permits should be renewed every five years, San Diego has been operating for nearly 11 years under a 1990 permit.

The antiquated permit that we have had in place for more than a decade has clearly been inadequate to prevent polluted storm water from impacting local waters. As a result, runoff is now the primary source of receiving water quality impairment in our region. In fact, a November 2003 San Diego Union-Tribune article indicated that “vast areas of Southern California's coastal waters are unfit for human contact during and immediately after a major rainstorm.” Citing a recent Southern California Coastal Water Research Project study, the newspaper noted “56 percent of the shoreline has high bacteria readings after a major rainstorm, which is 10 times more widespread than during dry weather. The results indicate that more than half of all beaches may be unsafe for swimming or surfing after a storm that brings 1.1 to 3 inches of rain.”

The new permit brings some important changes from its predecessor in order to address our runoff problems, including placing more stringent requirements on the twenty co-permittees to conduct site inspections, water quality monitoring and enforcement actions against those who violate provisions of the permit. Perhaps the most controversial element of the new permit is the requirement for co-permittees to develop Standard Urban Storm Water Mitigation Plans (SUSMPs) aimed at on-site capture, treatment or mitigation of the first 0.6 inches of rainfall from new development and significant redevelopment. While this measure will not address existing water quality problems, it will ensure that current problems are not exacerbated by new developments.

San Diego Baykeeper and other members of the environmental community worked successfully with the San Diego Regional Water Quality Control Board and the co-permittees to ensure the permit was adopted without an appeal that would result in additional delays. While none of the twenty co-permittees joined, two industry associations - the Building Industry Association and the Western States Petroleum Association did appeal the permit to the State Water Resources Control Board.

The permit was upheld by the State Board, later at the superior court level, and recently, on March 30, 2005, the California Supreme Court refused to overturn the unanimous December 2004 decision of a three judge panel which upheld San Diego's landmark stormwater regulations.

While this permit will not immediately solve water quality problems that have been decades in the making, it does mark an important step for cleaner water in San Diego. We can now lay claim to one of the toughest storm water permits in the State and, indeed, the country, which is only fitting based on the critical role of our waters to public health, quality of life and the local economy. After years of delay, the tools are finally in place for the Regional Board and the co-permittees to adequately protect and restore our waters.