Appeals Court Invalidates Trash TMDL for Los Angeles River, Coalition for Practical Regulation Announces; 43 Cities Declare ``Significant Victory for Taxpayers''.

SAN DIEGO -- The 4th Appellate District Court has invalidated the Trash Total Daily Maximum Load, or TMDL, for the Los Angeles River based on evidence of significant adverse environmental impacts that were not considered by State and Regional Water Boards. The Court cited the Board's "failure to consider the evidence of the impacts of construction and maintenance of pollution control devices." The Court ordered the Los Angeles Regional Water Quality Board to complete an environmental impact report on the controversial regulation.

The Regional Board in 2001 reported that compliance would cost area cities over $945 million for installing trash catching devices. Construction costs have escalated by more than 50% since 2001. Also in 2001, the Regional Water Board ordered cities to reduce the levels of trash in flood control channels and storm drains of the Los Angeles River to "zero" in twelve years. Twenty-two cities challenged the regulation, arguing in part that the "zero" order was unreasonable, and that the Board had not studied the environmental and economic impacts on governmental services.

The Court also voiced concern that the Board "did not study the need for additional street sweeping, or related impacts on air quality, traffic and city long-term maintenance costs." The Trash TMDL is one of 92 required in the Los Angeles Region in the next several years. More difficult and expensive TMDLs will be required to deal with bacteria and metals found in urban runoff, according to city officials and engineers.

"The Court decision is a significant victory for cities and taxpayers," said Larry Forester, Vice-Mayor of Signal Hill. "All cities want to implement cost-effective programs designed to reduce trash in the local rivers and beaches, but we can't afford the blank checks required by impractical regulations."

The Court has asked the Boards to properly evaluate all potential significant environmental impacts created by their decisions. The ruling invalidates a regulation applying to 43 cities and Los Angeles County. The Boards adopted a similar "zero" requirement on the Ballona Creek (2001). It is unknown if the Boards will now re-evaluate their decision to issue this regulation in light of the Court's ruling.