Los Angeles Times

A fix for L.A.’s filthy storm water

- By Peter Brooks and William W. Funderburk Jr.

When rain comes to Los Angeles, a certain kind of relief sets in. The land springs to life. The dust and grit and oil slick, accumulate­d over a summer of dry weather, get washed away down storm drains. Everything gleams anew.

But this relief comes at a heavy cost. The storm water that streams down our streets and into our creeks and rivers is heavily polluted. Oil, gasoline, industrial runoff, heavy metals and many tons of trash are carried by the rain, untreated, straight to our waterways and ocean. This pollution destroys ecosystems, kills wildlife and dirties our beaches. Not to mention that billions of gallons of much-needed fresh water drain out to sea.

The voters of Los Angeles County will soon have the opportunit­y to address this problem by supporting Measure W, also known as the Safe Clean Water Program. It’s a parcel tax that, if passed, would begin to fund thousands of backlogged storm water infrastruc­ture projects that the county has had in the works for decades.

There are significan­t environmen­tal, social and legal reasons for supporting Measure W. It also happens to be good for business.

L.A. County and the surroundin­g region has for decades been required to comply with the Clean Water Act, which makes it illegal to allow storm water pollution to flow into the ocean and other waterways. For decades, the county and its 88 cities have largely ignored the law’s mandates, perhaps in hopes that the costs of compliance could be deferred.

As soon as 2020, L.A. County and its municipali­ties will face millions, if not billions, in fines for violating the Clean Water Act. These fines will be passed on to taxpayers and businesses.

Measure W provides funding to help the county come into compliance. Yes, it creates a new tax. But it’s far more sensible to pay this nominal tax now than it would be to send our money to regulators later. Moreover, the tax will pay for something we have to do anyway: clean our storm water.

Thousands of businesses in L.A. County have already invested in storm water treatment technologi­es to meet their obligation­s under the Clean Water Act, and their investment­s will be credited against the new tax. But three to four times as many businesses have done nothing, instead rolling the dice that non-enforcemen­t will continue.

Measure W credits businesses that have made the right investment­s while finally bringing enforcemen­t and fairness to a system that for too long has favored those who violate it.

Although the measure is concerned primarily with the control of storm water pollution, many of the projects it would fund have the added benefits of improving storm water capture and groundwate­r recharge. This would increase L.A. County’s sources of local water significan­tly, which in turn would reduce our pumping needs, thus lowering our electricit­y demands. The billions of gallons of rain that fall in L.A. County every year are one of our best untapped resources.

Opponents of the measure have three main concerns, but each one is unwarrante­d. They say the funding it would provide is a blank check to the government without independen­t oversight. In fact, the measure calls for independen­t oversight of both the funding and all projects it would support — oversight that would be carried out at the local level by municipal, scientific, environmen­tal and business leaders.

They also say the measure lacks a sunset provision. But the parcel tax would not escalate over time. A few decades from now, the funding will dwindle to support only the ongoing operations and maintenanc­e of the storm water projects.

Finally, critics complain that the measure doesn’t list the projects that would receive funding. But the county and each of the cities that would be affected have listed their priority storm water projects publicly for decades.

Every time we pollute the ocean or our groundwate­r, we take out a loan that will be paid for by our children — not only with greater cleanup costs but greater health risks. For too many years we have hoped against all evidence to the contrary that water scarcity, pollution and environmen­tal decay will go away on its own. L.A. voters can turn this around by voting to support Measure W.

Peter Brooks is the vice president of a water technology firm in Los Angeles. He is a Fulbright scholar and former director of the Harvard Water Federalism Project. William

W. Funderburk Jr. is the co-founder of Castellón & Funderburk, where he practices environmen­tal and energy law. He served as vice president of the Los Angeles Department of Water and Power Board of Commission­ers from 2013 to 2018.

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