Montclair told stormwater permit could cost city $250 million over 20 years; council approves joint-defense agreement

Montclair city leaders received a technical briefing on a tentative tri-county National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit and approved a confidentiality agreement to preserve collective legal standing if the region’s decision prompts litigation.

Arlene Chu, engineering manager in the San Bernardino County Department of Public Works’ Environmental Management division, told the council the regional board’s tentative order would expand a previously smaller permit area to include 60 permittees and that Beacon Economics used the Los Angeles County model to estimate compliance costs. "If the tentative order were to be adopted today would be 10.2 billion dollar over the next 20 years," Chu said, and she identified Montclair’s projected 20‑year share as "250 million".

Chu and Christopher Bland, the county’s stormwater program manager, said the bulk of projected costs come from compliance with numeric effluent limits and watershed management plans that would require municipalities to implement additional infrastructure and monitoring. Chu said the permit currently out for review would transition the region from 18 permittees to 60 and that the Tri‑County group submitted coordinated redline language and an extensive comment package during an extended public comment period.

Council members pressed staff on authority, timing and next steps. Chu clarified the permit is a state-issued order implementing the federal Clean Water Act and that regional board deliberations and additional meetings among staff and permittees could continue through a multi‑month process, with possible formal action in the summer of next year. "All we can do is hope and help them understand sanity," Chu said when asked whether the regional board would accept proposed language; she also confirmed there is a possibility of litigation if the regional board issues an unfavorable ruling.

City Manager Monica and county presenters emphasized coordination among the 18 local permittees in San Bernardino County and ongoing meetings with regional staff. The county contracted Beacon Economics to provide an independent, data‑based impact analysis; Chu said the analysis used LA County’s model to project costs and warned that numeric limits and watershed plans are the primary drivers of the estimate.

On a related agenda item (C5) the council approved a Joint Defense/Common Interest and Confidentiality Agreement that gives participating cities a coordinated position and confidential communications among counsel should litigation follow. The council approved C5 with a roll call vote that recorded four votes in favor and one recusal for conflict of interest.

What happens next: county and city staff said they will continue Tri‑County coordination, pursue technical and legal meetings with the regional board, and prepare for a December Tri‑County meeting; Beacon Economics will present to related agencies and the report is available through SB County stormwater materials online. The regional board has not set a final decision date, and presenters said the permit process could take months and — depending on the regional board’s action — might lead to litigation.