City Set to Fight Cleanup Order

The Los Angeles City Council voted 9-3 Wednesday to file a lawsuit seeking to overturn a state order that requires Los Angeles County and its 84 cities to sharply reduce the pollutants that spill from storm channels into the ocean.

The County Board of Supervisors took a similar action on Tuesday, setting up a battle to overturn the Los Angeles Regional Water Quality Control Board’s “zero-discharge” policy for runoff and treated sewage.

Although local officials said they agree that the cities should take steps to clean up urban runoff, they complained that the water quality board’s standards are too onerous and expensive.

Council members who voted in favor of filing the lawsuit said the action would give the city a seat at the table where a new policy could be crafted.

“The city needs to have some flexibility,” Councilman Ed Reyes said after the vote. “We can’t be proactive if we are not present. We can’t do that if we’re not in the discussions.”

State water officials adopted the tough urban runoff clean-up rules in 2001, requiring Los Angeles County and its cities to inspect gas stations, restaurants, car repair shops and manufacturing plants that produce pollutants that are swept by storm water into the Santa Monica and San Pedro bays.

The five-year plan also called for local officials to sweep their streets more often and monitor waterways more closely for pollutants. Los Angeles County and 22 cities filed an appeal with the state, claiming the water quality board had overstepped its authority under the federal Clean Water Act. However, the state dismissed the cities’ complaint, making way for local officials to file suit.

Some officials have estimated that the state plan could cost the area as much as $54 billion.

As with all matters of litigation, the council cast its vote in closed session. Before retreating for the vote, it held a public debate where representatives from several environmental groups urged Los Angeles officials to comply with the standards.

“If you want polluted beaches, streams and lakes, then go ahead and sue the state,” said Mark Gold, executive director of Heal the Bay. “If you want continued contention between the public, the environmental community and the city, then go ahead and sue the state.”

Echoing those sentiments, Councilman Jack Weiss made a strong plea to his colleagues not to file the lawsuit. He argued that not cleaning up the environment would be even costlier than complying with the regulations.

Council members Eric Garcetti and Jan Perry joined him in voting against taking legal action. “The council voted today to file a lawsuit for the right to pollute more in the future,” Weiss said.