The Stormwater Permit That Shape the Future of Local Water Quality

After a heavy storm, water rushes to the streets, sidewalks, parking lots, and neighborhoods. This may simply seem like rain disappearing into a drain. However, that water carries much more than simply rain. While on its way from rushing into the drains, it can pick up oil from roads, bacteria from pet waste, pesticides from lawns, and trash from sidewalks. All that goes into drains, moving through channels, creeks, rivers, and eventually the ocean.

In order to regulate these pollutants from reaching the ocean through storm drains, the Municipal Separate Storm Sewer System (MS4) permit was developed. The MS4 permit is a permit mandated by the Clean Water Act, requiring operators of storm drains to develop and enforce a Stormwater Management Program, which outlines plans to prevent rainwater runoff.

For Orange County, the upcoming adoption of the new MS4 permit for the Santa Ana River Watershed is extremely crucial. This update is a big deal because, although MS4 permits are supposed to be renewed every 5 years, it hasn’t been updated for 15 years since the last permit. Furthermore, many environmental protection organizations have argued that the current permit is neither strong nor enforceable to protect the coastal waters from polluted runoffs.

Additionally, many concerns have arisen regarding the drafting of the new permit. One of the concerns is the timing. If the permit doesn’t mandate cities to develop and implement stormwater management plans on a reasonable schedule, pollution will persist for years without a clear solution. Although a permit may seem strong on paper, without clear deadlines for implementation, it is hard to guarantee real improvements in the water quality.

Another concern is public participation. Stormwater pollution affects every single person who uses the beaches, creeks, or any water from the watershed. Because everyone is affected by this issue, the public should understand the permit, keep track of the progress, and participate in making meaningful decisions. Currently, however, many people don’t even know that the MS4 permit does, or even that the permit exists. The current system, being too technical and closed off, leaves residents out of the decisions that shape their own daily lives. Additionally, the draft permit does not include an effluent limitation to comply with the standards set by the Clean Water Act. Under the Clean Water Act, the permits are supposed to ensure that waterways meet the water quality standards. However, the current draft lacks enforceable limits or clear requirements, making it difficult to place accountability when the polluted runoffs harm local waterways.

This issue has become even more complicated by the US Supreme Court’s decision in San Francisco vs. EPA. This case-limited holding a specific permit holder responsible for the overall water quality of the oceans receiving the pollution, rather than regulating the actual pollutants. The key takeaway from this ruling is that broad accountabilities are removed without clearly explaining what actions must be taken. Some agencies interpret this ruling as a reason for water quality requirements from permits to be removed, while some view it as a reason to include specific actions, timelines, monitoring, and limits.

This issue may seem like a complicated and difficult one. However, the motivation behind it is simple: stormwater pollution harms things and places you use, such as beaches, parks, and neighborhoods. Although the MS4 permit may not sound exciting, it is one of the main tools the government uses to control stormwater pollution. A strong permit can push cities to maintain clean water even before pollution happens, while a weak permit can allow problems to persist without having a clear solution. Therefore, as the Santa Ana Watershed is getting closer to a new MS4 permit, everyone has a reason to pay attention. The future of local water quality will not only be shaped by the storms, but by the efforts we make before the next storm arrives.