CCFC Responds to MS4 Stormwater Permit Proposal

Municipal Stormwater Permit Proposes to Designate Community Colleges

The State Water Resources Control Board is drafting an updated MS4 municipal stormwater permit, with the intention of designating community colleges as “non-traditional small MS4 permittees.” By designating community colleges and K-12 schools, the Water Board seeks to expand implementation of the Federal Clean Water Act in California.

Proposal

Under the draft permit, many community colleges would be required to develop and implement a major stormwater management program for their sites, including but not limited to:

• Public outreach and education
• Illicit discharge detection and elimination
• Pollution prevention and good housekeeping for operations
• Total Maximum Daily Loads and water quality monitoring
• Prescribed design standards
• Assessment and reporting requirements.

Timeline

The Water Board is developing an informal draft, with plans to post it for public review as soon as February 2024. Their initial goal was to begin the formal stakeholder review process in early 2024, with the Water Board adopting the final permit in late 2024. However, it is possible the timeline for final adoption will extend into 2025.

CCFC’s Initial Response

CCFC leadership reviewed an informal working version of the draft permit, to provide preliminary feedback to Water Board staff. We submitted a letter raising significant concerns with the framework and details of this lengthy proposal. While we agree that water quality is a vital goal, and that contaminated water is a critical health and safety risk, we disagree with the approach taken by the permit. Our primary concerns include:

• Jurisdictional Issues – The draft permit mandates that community colleges perform roles that are well outside their statutorily-defined jurisdiction, creating a program that is unenforceable. Community colleges do not have the authority to police, certify, or inspect pursuant to the permit’s requirements. Community colleges cannot require violators to cease and desist their actions, nor can they train, manage, or regulate third parties like developers, contractors, plan reviewers, inspectors, and code enforcement staff.
• Major Cost Concerns – The permit would create massive operational and cost pressures, at a time when the state is facing a large budget deficit and community colleges may experience cuts to their operational budgets. Unlike other public agencies and municipalities already subject to the permit, community colleges cannot raise fees to cover costs associated with implementing the program. If the state does not provide adequate additional funding to implement the costly provisions of a stormwater management program, colleges would have to divert Proposition 98 funds from classroom instruction, classified employees, student supports, and vital services. Colleges may also be required to redirect local bond funds to costly capital upgrades.

Additionally, the permit would create overly-prescriptive design standards that use a one-size-fits-all approach to elements that should instead be designed to unique local conditions.

Next Steps

CCFC will remain vigilant and notify our members when the informal draft is available for public review. We will also educate our policymakers about the concerns raised above. In the meantime, if you would like more information, please do not hesitate to email CCFC’s legislative advocate Rebekah Kalleen.

Rebekah Kalleen
CCFC Executive Director