AGENDA REPORT
Meeting Date: May 5, 2026
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E, Utilities General Manager
Josette Descalzo, Environmental Compliance and Sustainability Programs Manager
Subject: TIME SCHEDULE ORDER APPLICATION FOR BALLONA CREEK
TOTAL MAXIMUM DAILY LOADS
Attachments: None
RECOMMENDATION
Staff recommend that City Council submit a Time Scheduled Order application to extend the compliance deadline for the Ballona Creek Watershed Total Maximum Daily Load regulations.
INTRODUCTION
Urban runoff management and regulatory compliance remain critical challenges for the City of Beverly Hills, as it works to protect regional water quality and meet state and federal requirements. Discharges from the City’s storm drain system ultimately flow into Ballona Creek, a shared watershed subject to stringent oversight under the Clean Water Act. In collaboration with neighboring jurisdictions, the City must address evolving Total Maximum Daily Load requirements for pollutants such as trash, bacteria, and metals. This report provides an overview of the regulatory framework, ongoing watershed management efforts, infrastructure needs, and the City’s strategy to pursue a Time Schedule Order to extend compliance deadlines while advancing cost-effective, long-term stormwater solutions.
BACKGROUND
The item was presented to the Public Works Commission (“Commission”) during its April 9, 2026, meeting. Staff asked the Commission to recommend submitting the TSO application for City Council consideration. The Commission unanimously supported the recommendation and believed this is the best compliance and financial option for the City by submitting a TSO application to extend the compliance deadline.
BEVERLY
HILLS
id
Meeting Date: May 5, 2026
DISCUSSION
Urban and stormwater runoff drains from the City of Beverly Hills (“City”) through a complex storm drain and flood control system to Ballona Creek. Discharge to Ballona Creek is regulated under the federal Clean Water Act (CWA) and administered by the State Water Resources Control Board - Los Angeles Region (Regional Board) through National Pollutant Discharge Elimination System (NPDES) permits.
The Regional Board issues water quality objectives known as Total Maximum Daily Loads (TMDLs) to protect the aquatic environment and recreational uses of Ballona Creek.
TMDLs are jointly issued to jurisdictional agencies that discharge to a water body. There are three TMDLs in Ballona Creek, which consist of Trash, Bacteria, and Metals & Toxics.
These TMDLs are issued to County of Los Angeles, cities of Los Angeles, Culver City, Beverly Hills, Inglewood, West Hollywood and Santa Monica and are responsible for complying with the water quality limits assigned in monitoring sites in Ballona Creek. Table 1 outlines the dates by which these TMDLs, or latest revisions thereof, became effective along with the corresponding final compliance deadline. Each TMDL’s effective date provides water quality milestones agencies need to achieve by implementing Best Management Practices (BMPs) such as implementing programs and infrastructure to meet the water quality limits by the final compliance date.
Table 1: TMDL Effective and Final Compliance Dates
TMDL Effective Date Final Compliance
Trash August 11, 2005 September 30, 2016
Bacteria April 27, 2007 (Dry-weather)
July 2, 2014 (Wet-weather)
April 27, 2013 (Dry-weather)
July 1, 2026 (Wet-weather)
Metals & Toxics October 26, 2015 July 15, 2026
To efficiently and effectively address the TMDL compliance requirements, these agencies formed the Ballona Creek Watershed Management Group (BC-WMG). The BC-WMG has implemented required water quality monitoring and reporting and a Watershed Management Plan (WMP) that includes watershed infrastructure planning to address the TMDLs. In 2016, each agency’s governing body approved the WMPs and successive updates to the plan.
The WMP projected that 2,380 acre-feet (776 MG) of stormwater infrastructure capacity would be needed to meet the TMDL water quality limits (See Figure 1.). The WMP provided a high-level compliance pathway for each agency where green streets and regional projects (large capacity) can be constructed in private and public parcels.
Additional engineering assessments were needed to confirm the feasibility of these projects. The high-level cost estimate to build stormwater infrastructure projects is approximately $3 billion in the watershed.
Meeting Date: May 5, 2026
Figure 1: Stormwater Capture Volume Progress
Currently, 65 projects have been completed or are currently underway in the watershed.
These projects have a stormwater capacity of 147 acre-feet and have received $231 million in funding for capital costs. The in-progress project effectiveness assessments and recent watershed monitoring show water quality improvements but a lack of full compliance with the TMDLs.
BC-WMG recognizes that with limited resources and a large stormwater capacity gap, it would not be able to meet the final Wet-weather Bacteria and Metals & Toxics TMDL compliance deadlines of July 1, 2026 and July 15, 2026, respectively.
After the compliance deadlines, the Regional Board can assess enforcement penalties for exceeding TMDL water quality limits. Enforcement penalties are assessed to each agency’s compliance monitoring sites. The City of Beverly Hills has three compliance monitoring sites at Ballona Creek (BCC_DUQ, BC_02_SAW, BCE_PAC). (See Figure 2.) Target Capture
Volume:
2,380 acre-feet
147 acre-feet
134 acre-feet
1I2 acre-feet
■ In Progress Projects ■ Completed Projects
l tow Impact Development (LID)
LID volume incdudes both corrplet'ed and progress projects Meeting Date: May 5, 2026
Figure 2: Ballona Creek Watershed Management Group Receiving Water Monitoring Sites The Regional Board has three types of enforcement penalties. Enforcement penalties typically begin with a Mandatory Minimum Penalty and progress to Administrative Civil Liabilities and Judicial Enforcement based on the severity and duration of the violations.
Enforcement penalties are assessed based on the number of exceedances at monitoring site(s) at which each site has assigned monitoring frequency. Table 2 summarizes the Regional Board’s options, which are dependent on the severity of the violation. 2 Miles
0 0.5 1
Los Angeles
County
1_WAS
01 NAT
Ballona Creek Watershed Management Group
Receiving Water Monitoring Sites
g, Receiving Water Site
Long-Term Assessment Site
- Water Bodies
[_] Barona cre wA
Meeting Date: May 5, 2026
Table 2: Regional Board Enforcement Penalty Pathways
Type Penalty Frequency
Mandatory Minimum Penalty $3,000 Per violation occurrence Administrative Civil Liability Up to $10,000 + $10
For each day in each violation
occurs and $10 for each gallon
discharged and not cleaned up
in excess of 1,000 gallons
Judicial Enforcement $25,000 + $25
For each day in which the
violation occurs, and $25 per
gallon discharged but not
cleaned up in excess of 1,000
gallons
BC-WMG agencies anticipate the Regional Board will issue Mandatory Minimum Penalties as an initial enforcement pathway and may progress to Administrative Civil Liability and Judicial Enforcement as violations continue to progress through many years.
Time Schedule Orders (TSO)
In anticipation of enforcement penalties, BC-WMG can request a Time Schedule Order (TSO) from the Regional Board to extend the compliance period for the TMDLs by committing to build stormwater infrastructure(s) by a certain time frame in lieu of incurring enforcement penalties. TSO application requests can be submitted 90 days prior to the TMDL deadline. The TSO application includes identifying impaired water body, applicable TMDL for the water body, discussion of historical monitoring data and that current discharges cannot consistently comply with water quality limits, identify party(ies) requesting the TSO, and a detailed plan and time schedule to implement programs or infrastructure that would correct the violation. For watershed-based TSO applications, applications are submitted by collective agencies to address violations. The application is submitted to the Regional Board for consideration, and submitting an application is not a guarantee of approval from the Regional Board.
TSO applications are not uncommon to the watershed group. The BC-WMG has previously submitted a TSO application and was granted by the Regional Board in 2013 for dry-weather bacteria TMDL. The BC-WMG group committed to constructing three dryweather bacteria treatment facilities (LFTF-1, LFTF-2, and Mesmer). LFTF-1 is located upstream at Ballona Creek. LFTF-2 is located at Sepulveda Channel, and Mesmer is located at Culver City, treating upstream discharges from the Centinela Creek Channel.
The treatment facilities were designed to divert urban runoff from these main channels, treat it to reduce bacteria levels, and return to Ballona Creek Watershed or divert to the sewer system. (See Figure 3.)
The treatment facilities cost over $76 million including design and permitting. The City’s cost-share was approximately $3.6 million and was only to LFTF-1 facility because it treated the City’s discharges. The treatment facilities are currently in the optimization phase and projected to be in full operation in 2027.
Meeting Date: May 5, 2026
Figure 3: Ballona Creek TSO Treatment Facilities
The BC-WMG agencies that intend to participate in the TSO application as of this date are Beverly Hills, Culver City, Inglewood, Los Angeles County, and West Hollywood. The City has been informed that the City of Los Angeles and City of Santa Monica do not intend to request a TSO. Los Angeles County is leading the TSO application efforts by requesting a 10-year TSO coverage, compiling monitoring data, and submitting the proposed projects for the Regional Board’s consideration. Los Angeles County’s effort began in March 2026 when it held a meeting with interested cities on their TSO application strategy. Los Angeles County’s strategy was for each agency to submit regional projects that are scheduled to be constructed. This strategy is practical, demonstrates achievability to the Regional Board, and avoids cost-sharing agreements between agencies.
E
Utt408er
tr2¢1464.
lent40614a0.
9.0e.
tee
BALLONA CREEK WATER SHED
T$0fro@ectLoaions&peiin.age Are.as
• I,
Meeting Date: May 5, 2026
For the TSO application, City staff intend to include the Roxbury Park Regional Stormwater Project for consideration. The project was first identified in the City’s Integrated Water Resources Master Plan (IWRMP) of 2020 and is currently in the City’s CIP Schedule (CIP 270). The project concept includes building a diversion structure in the storm drain, treating runoff to remove trash, debris, sediments, and additional necessary treatment to meet the park’s irrigation needs. Staff’s initial estimate of the overall project cost is approximately $6 million with anticipated project completion in 2031.
Staff request that City Council support the intent to submit a TSO application with the BCWMG. Submitting a TSO application will provide the City an opportunity to extend TMDL compliance deadlines while it progresses to construct another stormwater multi-benefit project like Burton Way Median and potentially avoid enforcement penalties.
To project a range of potential enforcement penalties, staff have taken the number of exceedances from the City’s three compliance sites from the last three years of monitoring and multiplied it by the rate of each penalty type. (See Table 3.) There were 16, 11, and 4 TMDL exceedances in the last three years of monitoring. If the Regional Board was to assess the Minimum Penalty to the City past the 2026 compliance deadline, the potential penalty amount would be in the range of $12,000 to $48,000. If the Regional Board chooses to issue a financial penalty (Administrative Civil Liability) pursuant to California Water Code section 13385, or refer a case to the Attorney General’s Office for enforcement, the amount would be three (3X) to eight (8X) times more than the Minimum Penalty without adding the $10 and $25 additional charges for each gallon discharged in excess of 1,000 gallons. If staff was to add the additional rate, the amount is projected to be exponentially larger. Please note that these potential enforcement penalties will also be issued to other BC-WMG agencies because the TMDLs are jointly issued to jurisdictional agencies discharging to Ballona Creek.
It is also important to note that even if BC-WMG agencies are required to pay the penalties, the agencies are still required to build stormwater infrastructure to achieve compliance.
Table 3: Range of Projected Enforcement Penalty Based on Historical Number of Exceedances
Fiscal
Year
Monitoring
Exceedances
Minimum
Penalty/Serious
Violations
($3,000 per violation)
*ADMINISTRATIVE
CIVIL LIABILITY
($10,000 FOR EACH
VIOLATION)
*ATTORNEY GENERAL
JUDICIAL
ENFORCEMENT
($25,000 FOR EACH
VIOLATION)
FY22-23 16 $48,000 $160,000 $400,000
FY23-24 11 $33,000 $110,000 $275,000
FY24-25 4 $12,000 $40,000 $100,000
Range $12,000 to $48,000 $40,000 to $160,000 $100,000 to $400,000 Note: *Projected amounts for Administrative Civil Liability and Attorney General Judicial Enforcement do not include the $10 and $25 additional rate for each gallon in excess of 1,000 gallons that exceeded the TMDL limits.
Avoiding enforcement penalties also benefits the City’s grant application stature. Many federal and state grant opportunities ask the applicants compliance status. If the TSO application is granted, the City will be able to apply for future grants that would lessen the financial burden on the City’s General Fund.
Meeting Date: May 5, 2026
In conclusion, pursuing a TSO application with the BC-WMG represents a proactive and fiscally responsible strategy for the City. It would provide critical time to advance necessary stormwater infrastructure projects while reducing the risk of significant enforcement penalties, which could escalate well beyond minimum amounts. Given the City’s complex compliance conditions, including comingled discharges from neighboring jurisdictions, this approach offers a practical path toward achieving regulatory requirements. Furthermore, securing a TSO would strengthen the City’s eligibility for future grant funding, ultimately easing pressure on the general fund and supporting long-term environmental and financial sustainability.
FISCAL IMPACT
There is no fiscal impact in submitting the TSO application for Regional Board consideration. If the TSO application is approved by the Regional Board, the City is committed to constructing the Roxbury Park Regional Project, which is funded under CIP 270.
Shana Epstein,
Director of Public Works
Approved By