Los Angeles schools are exempt from stormwater regulations


As California seeks to increase stormwater capture and storage capacity across the state, at least one large public landowner is exempt from such efforts: the Los Angeles Unified School District.

One of the largest real estate owners in the Los Angeles metropolitan area, the district owns more than 3,200 parcels of land totaling more than 10 square miles, an area nearly twice the size of Beverly Hills.

Now, environmental groups are asking state water regulators to include the district’s K-12 campuses in updated stormwater regulations, arguing that LAUSD can play a major role in reducing pollution and strengthening the area’s water supply.

“For too long, schools have gone unregulated against pollution from runoff,” a coalition of local groups wrote in a recent letter to the State Water Resources Control Board, including Los Angeles Waterkeeper, Heal the Bay, The Nature Conservancy and the Natural Resources Defense Council.

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The commission noted that it’s been nearly 10 years since it last updated stormwater regulations, known as MS4 permits. The commission is currently drafting updated rules, and the coalition said it’s essential they include campuses.

“Again, K-12 schools [permit] “This bill would perpetuate completely inadequate regulation of school runoff for years to come, and this lack of regulation will result in school districts like LAUSD not having the necessary pressure to pursue green stormwater projects in a meaningful and meaningful way,” the letter said.

According to the coalition, more than 580 miles of rivers, streams and shorelines across the region are impaired by one or more pollutants, as are 99 percent of closed waterways and wetlands, with urban and storm water runoff being the largest sources of those pollutants.

Additionally, many school campuses have significant amounts of asphalt and other impervious surfaces that not only prevent stormwater from soaking into the ground and allow pollutants into watersheds, but also contribute to warmer temperatures for students and neighbors.

“Schools shouldn’t have to worry about what’s coming out of their facilities,” says Bruce Resnick, executive director of Los Angeles Waterkeeper. Candy wrappers, potato chip bags and other trash regularly wash into the watershed, as do pesticides and herbicides from lawn and garden programs. Emissions from cars in school parking lots, including copper, zinc and grease, also make it into the watershed, he says.

“Schools have absolutely nothing to worry about, so there’s no pressure to go green,” Resnick says, adding that Los Angeles already has pretty strict stormwater regulations for most other areas, so schools “are really the only game-changer left.”

But LAUSD officials said an exemption from state regulations is not the same as doing nothing.

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

“We really care about the environment and the students and staff that we serve, so we’re always striving to do as much as we can for the environment, not just do what’s required,” Crisiliou said. At the same time, he said, “we see this as an ongoing and future effort that the district can effectively undertake by means outside of the scope of our MS4 permit.”

He said complying with the permit rules would overburden the district with additional costs and resources. For example, the rules would require tracking and submitting data every time it rains.

“We have already [permit]”The additional paperwork will undoubtedly take resources and staff away from other programs we have,” he said.

State water department officials said K-12 schools traditionally weren’t included in stormwater regulations because they don’t fall under U.S. Environmental Protection Agency rules that oversee the National Pollutant Discharge Elimination System program.

“The Water Board is working with state and local officials and stakeholders to better understand the costs and logistical challenges that may result from including schools in the revised regulations,” officials said in a statement. “This is necessary before we can consider amending the regulations.”

The commission is supposed to review the MS4 permit every five years, but this will be the first renewal in nearly a decade. The commission hopes to release an informal draft permit this summer or fall, taking into account stakeholder feedback.

“While it is true that large impervious surfaces (such as those found at some schools) provide an opportunity to green communities and reduce stormwater pollution, there are logistical and financial challenges that must be evaluated before the board considers including schools in future permits,” the agency said. “The Water Board is meeting with state and local officials and other stakeholders to learn about these factors.”

Advocates acknowledge that many schools are already underfunded and that designing, implementing and operating a stormwater program can be a daunting task. But there are plenty of programs and funding sources to support such efforts. Among them is the Safe and Clean Water Program, passed by Los Angeles County voters in 2018 as Measure W, which allocates $280 million annually for stormwater capture programs, the coalition’s letter said.

Part of the problem with exempting school districts from the permits, according to the letter, is that it makes it difficult to know exactly how much pollutant is running off campuses across the county.

But Crisilio said LAUSD recently developed a database that tracks the location of stormwater treatment devices, including filtering tanks, bioswales (pits or trenches that channel runoff) and permeable pavement, installed in more than 120 schools, so they can be properly maintained.

He pointed to recent stormwater projects at Northridge Middle School and Daniel Webster Middle School in Sawtelle, both of which installed bioswales, rainwater gardens and permeable paving in recent years, as examples of such efforts.

Resnick acknowledged that such efforts could be helpful, but said they should be done district-wide, not piecemeal.

The benefits of this initiative go beyond water quality and supply, he argued: Research has shown that removing pavement and creating green space can mitigate the effects of extreme heat and improve students’ overall performance and mental and physical health, he said.

“We don’t want to demonize the schools, they’re trying to educate students, but they’re always underfunded, they’re struggling to maintain their facilities, and now we’re adding this new addition,” LA Waterkeeper’s Resnick said, “but it’s just too important to this community and to our students to keep it the way it is.”



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