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Public commenter raises legal challenges to ex‑parte rules and applicability to MS4 permits
Summary
A member of the public argued that Water Code section 13287 and the disclosure model are invalid and urged the board to address ex‑parte communication rules for MS4 and stormwater permits.
During public forum on Sept. 3, Ray Tahir (self‑identified as chief counsel for TEX Environmental) asked the board to address what he described as legal inconsistencies in the board’s ex‑parte and disclosure provisions. Tahir said "13287 was not amended" and asserted that bracketed definitions added to a 2019 version are invalid because they were not adopted by the legislature. He contended that the disclosure model referenced in guidance materials is therefore invalid and said that, if so, Administrative Procedure Act (APA) chapter 4.5 would govern ex‑parte disclosure and communications.
Tahir raised specific points about municipal separate storm sewer system (MS4) permits, saying the office of chief counsel’s guidance has at times treated MS4 permittees as named dischargers and therefore not entitled to permissible ex‑parte communications, while other statements suggest MS4s fall under the disclosure model for general permits. He urged the board to resolve these issues before regional reports of waste discharge (he cited an upcoming report for LA and Ventura MS4s) are issued.
Board chair Joaquin Esquivel limited follow‑up during the public forum and noted the board would handle substantive legal concerns through the usual staff and counsel channels. No formal action or staff reply resolving the specific legal claims occurred in open session.
