City Council Agenda Report
Meeting Date: April 16, 2024
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Veronica Petrosyan, Deputy Director of Health and Environmental Control
Subject
City of Vernon National Pollution Discharge Elimination System (NPDES) Permit Duly Authorized Representatives
Recommendation
A. Adopt Resolution No. 2024-05 repealing Resolution No. 2014-06 related to the NPDES Permit Authorized Representatives; and
B. Authorize the Director of Public Works, Director of Health and Environmental Control and the General Manager of Vernon Public Utilities as duly authorized representatives, to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the NPDES permit.
Background
Approximately 7250 permitted Municipal Separate Storm Sewer Systems (MS4s) exist nationwide, operating under an NPDES permit. The NPDES permit requires permittees to develop and implement a comprehensive Storm Water Management Program (SWMP) that must include pollution prevention measures, treatment or removal techniques, monitoring, use of legal authority, and other appropriate measures to control the quality of stormwater discharge to the storm drains. The NPDES permit is issued to the County of Los Angeles and 84 cities by the California Regional Water Quality Control Board, Los Angeles Region (Board).
The NPDES permits are issued for a five-year term and include required reports and responses to the Board, which must be signed by a principal executive officer, ranking elected official, or a duly authorized representative of a principal executive officer or ranking elected official. Even if the principal executive officer (e.g., City Administrator) or ranking elected official (e.g., Mayor) intends to sign the required reports and other information for the NPDES Permit, the City may choose to have a duly authorized representative on file with the Board.
On March 4, 2014, the City adopted Resolution No. 2014-06 to designate the Director of Community Services and Water and the Director of Light and Power as duly authorized representatives. Departmental changes and staff title changes since then require new designations for duly authorized representatives to reflect the correct city positions having responsibility for the NPDES permit. Pursuant to Section 40 CFR 122.22 (a)(3), (b) and (b)(2), signatories for permit applications and reports may be either a principal executive officer (City Administrator) or ranking elected official or a duly authorized representative (specified by either name or position) of that person. Since the City’s stormwater program responsibilities reside with the Department of Public Works, Department of Health and Environmental Control, and Vernon Public Utilities, the City Administrator desires to designate the Director of Public Works, Director of Health and Environmental Control, and Vernon Public Utilities General Manager as duly authorized representatives. While authorized representatives are permissible under the CFR Section aforementioned, pursuant to Vernon Municipal Code Section 3.32.040, signatory authority must be delegated by the City Council. As such, it would be appropriate for Council to authorize said staff positions to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the NPDES permit.
Resolution No. 2024-05 repeals Resolution No. 2014-06 as the staff titles designated previously are obsolete and future NPDES authorizations will be made by minute order.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Resolution No. 2024-05