Regional Water Board Puts New Rules on Hold

State water officials put off voting on sweeping new rules on storm water runoff in northern and central Orange County after local officials objected to dozens of revisions they never got a chance to review.

“Failure to [delay the vote], I respectfully suggest . . . could cause or contribute to the development of an antagonistic relationship because it will compel city councils . . . to petition this matter to the state board,” said attorney Rufus C. Young Jr., who is representing Lake Forest, Los Alamitos and Stanton.

The Santa Ana Regional Water Quality Control Board’s unanimous vote followed testimony by more than three dozen county and city officials, environmentalists, attorneys and a handful of residents at the five-hour meeting Wednesday in the Santa Ana City Council chambers.

The regulations, mandated by the federal Clean Water Act, are meant to reduce the amount of polluted runoff tainting local waterways. Though some people disagree, the U.S. Environmental Protection Agency says that runoff--car oil, pet waste and other contaminants washed off streets and lawns into storm drains, creeks and eventually the ocean--is the No. 1 cause of coastal pollution.

The Santa Ana regional board is charged with enforcing the Clean Water Act and state water-quality laws in northern and central Orange County.

New requirements include strict inspections of construction sites, carwashes, restaurants and other businesses that often are the sources of runoff; ensuring that discharges from storm drains not cause or contribute to water-quality violations of state limits; and the launch of a public-education campaign.

The rules are contained in a five-year permit that must be adopted by the regional board. The permit, required by the federal Clean Water Act, applies to the county and 25 cities.

The vote was delayed because the cities did not get a chance to comment on 49 recent revisions to the regulations. Revisions made this month were mailed to the county but were not sent to the 25 affected cities. A new set of revisions was released late Tuesday afternoon, not allowing for any comment.

“A cursory review shows that they are not minor revisions. These make substantive changes,” said attorney John Schlotterbeck, who represents the county. “Give additional time so we can submit comments.”

Another reason for the delay appeared to be to give three newly appointed board members a chance to catch up. Gov. Gray Davis appointed Joan Dotson, William Ruh and Karen Stein to the board less than three weeks ago, leaving scant time to review thousands of pages of documents on the issue. Two board members--John Withers and Jose Solario--recused themselves because of potential conflicts of interest.

Concern About Added Costs

Officials at the hearing voiced concerns about the cost of the inspection program. According to a cost analysis prepared by the county, the affected agencies already are spending $52 million to meet existing storm-water regulations this fiscal year, and meeting the new requirements will cost an extra $14 million.

With the exception of Newport Beach, which pushed for stricter standards, every city official who testified was concerned about finding money to pay for the new measures.

Dave Kiff, assistant city manager of Newport Beach, said, “While there are significant costs to comply with the tentative order, there are more significant costs if the [agencies involved] do not clean up our beaches and our water.”

Environmentalists say the regulations are too lax and are less effective than rules adopted for Los Angeles, San Diego and Ventura counties.

“It’s the weak link on the coast,” David Beckman, a senior attorney with the Natural Resources Defense Council’s Los Angeles office, said earlier this week. “From Ventura County to the Mexican border, this is the weakest permit by far. . . . This is the hole. It doesn’t measure up. It’s not even close.”

Activists also said street sweeping, storm-drain filter cleaning and other requirements are too vague.

At the hearing, water board staff members made a point of saying that their proposed regulations are not weaker, but more flexible.

The Santa Ana regional board put off voting on the permit until a special meeting on Jan. 18 in an undetermined location.

A permit for South County, which is under the jurisdiction of the San Diego Regional Water Quality Control Board, is modeled after the permits adopted for Los Angeles and San Diego counties and is expected to be voted on at a 9 a.m. meeting Jan. 9 in the Mission Viejo City Council chambers.