Resolution No. 09963 1 RESOLUTION NO. 9963
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
4 LETTER IN SUPPORT OF SENATE BILL 346 RELATING TO
' HAZARDOUS MATERIALS
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6 WHEREAS, the City of Vernon (the "City") is a municipal
7 corporation and a chartered city of the State of California organized
8 and existing under its Charter and the Constitution of the State of
9 California; and
10 WHEREAS, Senate Bill 346 ("SB 346") is sponsored by
11 Sustainable Conservation on behalf of the Brake Pad Partnership, a ,
12 collaborative effort among brake manufacturers, envi,ronmentalists,-
13 stormwater management entities, and regulators to understand and
14 address the impact on the. environment of brake pad wear debris.
15 generated during the use of passenger vehicles; and
16 WHEREAS, studies have shown that copper in brake pads
17 contributes significantly to water quality impairment; and
18 WHEREAS, the State Water Resources Control Board (the
19 °Board") has established Total Maximum Daily Loads ("TMDLs") as
20 allowable pollution limits on copper and other pollutants in .several
21 Southern California urban watersheds; and
22 WHEREAS, SB 346 goal is to improve California's water
23 quality and help the California stormwater agencies meet their TMDLs
24 in a timeframe that is aggressive but realistic for-brake and vehicle
25 manufacturers; and
26 WHEREAS, by staff report dated May 5, -2009, the Director of
27 Community Services & Water has recommended that the City support SB
28 346.
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
3 SECTION 1; The-City Council of the City of Vernon hereby
4 finds and determines that the recitals contained hereinabove are true
5 and correct. •
6 SECTION 2; The City Council of the City of Vernon hereby
7 states its support of SB-346 and directs the. Mayor, or his designee,
8 to send a letter. of support, in substantially the form attached hereto
9 as.Exhibit A and incorporated by reference, to State Senator Christine
10 Kehoe and other interested parties.
11 SECTION 3: The City Clerk of the City of Vernon shall
12 certify to the passage of this resolution, and thereupon. and
13 thereafter the same shall be in full force and effect.
14 APPROVED AND ADOPTED this 1St day of June, 2009.
15 / •
Hilario Gonzales
Name:
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18 Ti le : Mayor / Pau o=--D~o'
19 AT EST: -
20
• 21 MANUELA GIRON, ity Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City .Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9963, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of the City Council duly-held on Monday, June 1, 2009-and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
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MANUELA GI ,-City Clerk
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13 (SEAL)
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EXHIBIT A
May , .2009
The Honorable Christine Kehoe
California State Senate ,
State Capitol, Room 5050.
Sacramento, CA .95814
Re: SB-346 -Prevent Water Pollution from Brake Pads -Support
. Dear Senator Kehoe:
The City of Vernon supports SB-346, which requires that copper in brake pads sold in
California be reduced to no more than 5% by weight by 2021, and_to no more than 0.5% by
2031. We also support the legislation's probation of the use of lead, asbestos and several other
substances in brake pads as well. The reformulation of brake pads is far from an academic
exercise, since even in small amounts, copper is toxic to aquatic life.
The State Water Resources Control Board has listed many rivers and estuaries in
urbanized-areas across California as impaired by elevated copper levels. Scientific studies have
shown that much of the copper in urban watersheds comes from the fine dust generated from the
use of brake pads. This fine copper dust cannot be easily removed. from urban runoff. The only
technically sensible and feasible solution is to stop the pollution at-its source by .reformulating
bral~e pads.
The State -Board has established Total Daily Loads for Metals (TMDLs) in several local
water bodies, including the Los Angeles River and the U.S. Environmental Protection Agency
has established a TMDL for Metals in the San Gabriel River as well. These regulations mandate
stringent copper removal requirements on local government, which we believe are unachievable.
Since ,local governments cannot regulate the copper content of vehicle brake pads, if copper
content is not. regulated by the state, local governments face stormwater treatment expenditures
estimated to exceed billions of dollars statewide. Our local regional. water board estimated
compliance costs of $1.6 billion for the Los Angeles River alone.
SB-346 is based on collaborative effort among brake .pad manufacturers,
environmentalists, stormwater management agencies, and water pollution regulators to
reformulate brake pads. SB-346 creates a workable balance between. necessary innovation,
manufacturing timelines, and the stringent water quality compliance requirements facing
California's cities and counties. It is a true "win-win" situation for all of the stakeholders.
California's -local governments are facing extraordinary challenges in cleaning up the
state's stormwater. Controlling pollutants, like copper in brake pads, at their sources will be a
key step towards solving California's water pollution problems. Thank you for both your
environmental leadership and recognizing there are practical solutions to solving California's
water quality problems in your sponsoring of SB-346.
Sincerely,
Hilario Gonzales
Mayor, City of Vernon
C: State Senator Gil Cedillo
State Assembly Member Fabian Nunez
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 3, 2009
TO: S. Kevin Wilson, Director of Community Services & Water
FRC Nelly Giron, City Clerk
RE; Resolution No. 9963 - A Resolution of the City Council of the City of Vernon Approving
and Authorizing the Execution of a Letter in Support of Senate Bi11346 Relating to
Hazardous Materials
Transmitted herewith is a copy of Resolution No. 9963 referenced above, which was approved by City
Council on June 1, 2009.
Thank you.
NG:dj
c: Resolution No. 9963
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- STAFF REPORT _ _ _
COMMUNITY SERVICES & WATER DEPA ~MENT
DATE: May 5, 2009
MaY ~ ?009
TO: Mayor and City Council
FROM: Samuel Kevin Wilson
D ector of Community Services C~a
w~atR~rs aFF~CE
RE: Senate Bill 346 (Kehoe) -Hazardous 'Materials: Motor vehicle brake friction
materials -Copper contamination. of Stormwater
The bill is sponsored by Sustainable Conservation on behalf of the Brake Pad
Partnership, a collaborative effort among brake manufacturers, environmentalists, Stormwater
management entities, and regulators to understand and address the impact on the environment of
brake pad wear debris generated during the use of passenger vehicles. The Brake Manufacturers
Council and its members (primarily manufacturers of original equipment friction materials)
agreed to introduce reformulated products if technical studies indicated that copper in brake pads-
was contributing significantly to water quality impairment. Last year, the Partnership completed-
a series of interlinked laboratory, environmental monitoring, and environmental modeling studies
..which indicated that brake pads are a substantial contributor to copper in runoff to the San
Francisco Bay. According to the studies, copper from brake pads accounts for up to half of the
copper discharging to the San Francisco Bay from highly urbanized watersheds.
The State Water Resources Control Board (SWRCB) has established Total Maximum
Daily Loads (TMDLs) as allowable pollution limits on copper and other pollutants in several
Southern California urban watersheds. Failure to comply with these TMDLs will result in
serious penalties to the responsible jurisdictions. The ubiquity of copper in the urban
environment, and the technical difficulty and impracticality of treating Stormwater to remove it,
mean that compliance with copper TMDLs will not be feasible without serious source reduction
of copper.
SB 346 requires that the use of copper in brake pads sold in California be reduced to no
more than 5% by weight by 2021, and to no more than 0.5% by 2032. The bill also creates limits
and monitoring requirements for other brake pad materials. A small fee will be placed on each
brake pad set to cover outreach, enforcement, brake pad copper control measures, monitoring
and mitigation. The goal is to improve California's water quality and help the California
Stormwater agencies meet their TMDLs in a timeframe that is aggressive, but realistic for brake
and vehicle manufacturers.
Recommendation: It is recommended that the City Council authorize the Mayor to sign a letter
of support for this bill from the City of Vernon to the Senator and various other officials.
May , 2009
The Honorable Christine Kehoe
California State Senate
State Capitol, Room 5050
Sacramento, CA 95814
Re: SB-346 -Prevent Water Pollution from Brake Pads -Support.
Dear Senator Kehoe:
The City of Vernon supports SB-346, which requires that copper in brake pads sold in
California be reduced to no more than 5% by weight by 2021, and to no more than 0.5% by
2031. We also support the legislation's probation of the use of lead, asbestos and several other
substances in brake pads as well. The reformulation of brake pads is far from an academic
.exercise, since even in small amounts, copper is toxic to aquatic life.
The State Water Resources Control Board has listed many rivers and estuaries in
urbanized areas across California as impaired by elevated copper levels. Scientific studies have
shown that much of the copper in urban watersheds comes from the fine dust generated from the
use of brake pads. This fine copper dust cannot be easily removed from urban runoff. The only
technically sensible and feasible solution is to stop the pollution at its source by reformulating
brake pads.
The State Board has established Total Daily Loads for Metals (TMDLs) in several local
water bodies, including the Los Angeles River and the U.S. Environmental Protection Agency
has established a TMDL for Metals in the San Gabriel River as well. These regulations mandate
stringent copper removal requirements on local government, which we believe are unachievable.
Since local governments cannot regulate the copper content of vehicle brake pads, if copper
content is not regulated by the state, local. governments face stormwater treatment expenditures
estimated to exceed billions of dollars statewide. Our local regional water board estimated
compliance costs of $1.6 billion for the Los Angeles River alone.
SB-346 is based on collaborative effort among brake pad manufacturers,
environmentalists, stormwater management .agencies, and water pollution regulators to
reformulate brake pads. SB-346 creates a workable balance between necessary innovation,
manufacturing timelines, and the stringent water quality compliance requirements facing
California's cities and counties. It is a true "win-win" situation for all of the stakeholders.
California's local governments are facing extraordinary challenges in cleaning up the
state's stormwater. Controlling pollutants, like copper in brake pads, at their sources will be a
key step towards solving California's water pollution problems. Thank you for both .your
environmental leadership and recognizing there are practical solutions to solving California's
water quality problems in your sponsoring of SB-346.
Sincerely,
Hilario Gonzales
Mayor, City of Vernon
C: State Senator Gil Cedillo
State Assembly Member Fabian Nunez
E+ ~ <; ;
INTEROFFICE ~ ~ MEMORANDUM
~ s
~ ~
6
~~IV~'4Y IµDJ -
UTILITIES & GOVERNMENT INFRASTRUCTURE DEPARTMENT
DATE: May 7, .2009
TO: Eric Fresch
City Administrator
FROM: Donal O'Callaghan
Director of Utilities & Government Infrastructure
SUBJECT:- SB 346 (KEHOE) -COPPER CONTAMINATION OF STORMWATER -
REDUCTION OF COPPER IN BRAKE PADS
Attached for your information is Community Services' Staff Report on Senate Bill 346
(Kehoe) -Hazardous Materials. SB 346 requires that, in order to improve and protect
the state's aquatic environment, the use of copper in brake pads sold in California be
reduced to no more than 5% by weight by 2023, and to no more than 0.5% by 2032.
The bill also creates limits and monitoring requirements for other brake pad materials.
Many groups and agencies are supporting this bill and the attached letter of support
from the City of Vernon would bolster the passage of the bill
It is recommended that the City Council authorize the Mayor to sign a letter of support.
for this bill from the city of Vernon to the Senator and various other officials.
DOC:rmt
Attachments
c: Document Control - uo~i