The Los Angeles Regional Water Quality Control Board has proposed a new storm water regulation covering all Commercial, Industrial, and Institutional (CII) Facilities that are five (5) or more acres in total impervious area.
This regulation is in addition to requirements already in place by the LA County MS4 (MS4), the Industrial General Permit (IGP) and the Construction General Permit (CGP) for Storm Water Discharges. IGP covered facilities of five (5) or more acres can choose to permit the entire Facility under the CII Permit. Responsibility for compliance with the CII requirements may rest with the landowner or a lessee depending on the Facility. New development projects that will have five (5) or more acres of impervious area should consider how to comply with the CII as part of the design and development phase of the project. Compliance with the CII may meet Low Impact Development (LID) requirements.
Below is a list of facilities potentially subject to this permit:
- Large Retail/Commercial Centers
- Industrial/Manufacturing Facilities
- Healthcare Facilities/Hospitals
- Car Rental/Dealerships
- Educational Facilities/Campuses
- Studios
- Warehousing/Shipping Facilities
- Parking Lots
Each covered facility will have the choice of implementing one of three compliance options. The first option is to enter into an agreement with a local watershed group to abide by and fund an appropriately approved water quality project within the discharging watershed. The second option is to design, install, and maintain storm water controls that capture and use, infiltrate, and/or evapotranspire all Non-Storm Water Discharges and the 85th percentile 24-hour storm event for the facility. Properties with existing LID designs may or may not be compliant with this option; an engineering analysis would be required. The last option is to collect storm water samples from the facility’s discharge location for water quality analysis at a laboratory. A facility Storm Water Pollution Prevention Plan (SWPPP), Best Management Practices (BMPs), and annual reporting are required in this option. Water quality exceedances may result in potential monetary penalties.
The initial comment period for this Proposed Version of the CII has closed. Adoption of the CII may be in 2023, with an unknown effective date at this time. IGP facilities are required to file Notice of Intent (NOI), SWPPP & Permit Registration Documents (PRDs) one year after the permit is adopted. Existing Dischargers are required to file NOI, SWPPP & PRDs within two years of permit adoption. All new dischargers seeking to commence must submit all documents at least 45 days prior to commencement of discharge.
NV5 can help owners determine if this rule applies to their facility, provide expert advice on which options are recommended for technical and business decisions for a specific facility, and develop a custom program to ensure facility compliance and prevent complaints and violations. Contact us at 562.495.5777 or Environmental@NV5.com.