Los Angeles schools exempt from stormwater regulations


As California looks to improve its ability to capture and store stormwater statewide, there is at least one major public property owner that is exempt from such efforts: the Los Angeles Unified School District.

The school district, one of the largest owners of real estate in the Los Angeles metropolitan area, owns more than 3,200 parcels of land that collectively occupy more than 10 square miles, an area nearly twice the size of Beverly Hills.

Now, environmental groups are urging state water regulators to include the district's K-12 campuses in updated stormwater regulations, saying LAUSD could make a considerable contribution to reducing pollution and improving water supplies in the area. region.

“Schools have not been subject to any regulations regarding runoff pollution for far too long,” a coalition of local groups wrote in a recent letter to the state Water Resources Control Board. The groups include Los Angeles Waterkeeper, Heal the Bay, the Nature Conservancy, the Natural Resources Defense Council and others.

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They noted that it has been about a decade since the board last updated its stormwater regulations, known as MS4 permits. The board is now drafting an update to the rules and the coalition says it is imperative that campuses be included.

“Once again, exempt K-12 schools from the [permit] “This will allow the wholly inadequate regulation of school runoff to continue for years to come, and this lack of regulation will not provide the pressure needed to bring school districts like LAUSD to the table to pursue green stormwater projects in a meaningful and significant way,” the letter said.

According to the coalition, more than 580 miles of rivers, streams and shorelines across the region are impacted by one or more pollutants (as are 99% of closed waterways and wetlands), and urban and stormwater runoff is the largest source of those pollutants.

What's more, many school campuses host considerable amounts of asphalt and other impervious surfaces that not only prevent stormwater from seeping into the ground and funnel pollutants into the watershed, but also contribute to higher temperatures for students and their surrounding neighbors.

“Schools don't have to worry about what leaves their facilities,” said Bruce Reznik, executive director of Los Angeles Waterkeeper. Candy wrappers, chip bags and other debris regularly end up in the watershed, as do pesticides and herbicides from lawn and garden programs. Copper, zinc, grease and other waste from cars in school parking lots also flows into the watershed, he said.

“They don’t have to worry about it at all, so it doesn’t put pressure on them to try to do more greening,” Reznik said. Los Angeles already has fairly robust stormwater regulations for most other sectors, so schools are “really the only change left to make,” he added.

But LAUSD officials said their exemption from state regulations does not amount to inaction.

The district complies with the state’s stormwater pollution prevention plan and has developed internal guidelines for new facilities and redevelopment projects, according to Christos Chrysiliou, LAUSD’s director of eco-sustainability. The district also drafted a white paper and technical manual on stormwater, and passed a 2022 resolution to increase green space on campuses by 30% by 2035.

“We care about the environment and the students and staff we serve, so we always try to not only do what is required, but to do the best we can for the environment,” Chrysiliou said. At the same time, “we believe this is an ongoing and future commitment that the school district can effectively carry out through other means than coverage under the MS4 permit,” she said.

Complying with permit regulations would consume additional costs and resources and create undue hardship for the district, he said. For example, the regulations would require them to track and submit data after every rainfall event.

“We are already fulfilling the spirit of the [permit]and adding additional procedures will definitely require resources and personnel from other plans we have,” he said.

State water board officials said K-12 schools have traditionally not been included in stormwater regulations because they are not required by the U.S. Environmental Protection Agency, which oversees the National Pollutant Discharge Elimination System program.

“The Water Boards are working with state and local officials and stakeholders to better understand the potential costs and logistical challenges of including schools in any updated regulations,” agency officials said in a statement. “This is necessary before we can consider an update to the regulations.”

The board is supposed to review MS4 permits every five years, but the update will be the first in about a decade. They hope to release an informal draft of the permit this summer or fall, which will be subject to stakeholder input.

“While it is true that large, impervious surfaces (such as those found at some schools) represent an opportunity to green communities and reduce stormwater pollution, there are logistical and financial challenges to assess before the board can consider including schools in a future permit,” the agency said. “Water Boards are meeting with state and local officials and other stakeholders to learn about these factors.”

Advocates acknowledged that many schools are already struggling financially and that designing, implementing and managing a stormwater program could be a difficult task. However, there are many programs and funding sources available to assist with such efforts, including the Safe Clean Water Program, approved by Los Angeles County voters as Measure W in 2018, which allocates $280 million annually to capture programs. stormwater, the coalition letter says.

Part of the problem with exempting school districts from permits is that it makes it difficult to know exactly how much runoff pollution is coming from campuses across the county, the letter says.

But Chrysiliou said LAUSD recently developed a database that tracks the locations of stormwater devices so they can be properly maintained. The devices include filtration tanks, bioswales (depressions or ditches that channel runoff), and permeable pavement installations in more than 120 schools.

He pointed to recent stormwater projects at Northridge Middle School and Daniel Webster Middle School in Sawtelle as examples of such work. Both campuses installed biodrainage systems, rain gardens and permeable pavement in recent years.

Reznik acknowledged that such efforts can help, but said they should be done at the district level and not in a piecemeal manner.

The benefits of the work go far beyond water quality and supply, he argued. Studies have shown that removing pavement and installing green spaces can mitigate the impacts of extreme heat and improve students' overall performance and physical and mental health, she said.

“I don’t want schools to be the villains. They’re out there trying to educate students, they always have budget deficits, it’s hard to maintain the facilities, and now we’re adding this new feature,” said Reznik of Los Angeles Waterkeeper. “But it’s just too… important to the region – and to the students – to continue with the status quo that we’re in right now.”

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