CII Compliance Options
The Three CII Stormwater Compliance Options Explained
Compare funding, onsite controls, and direct compliance.
Stormwater Legal & Compliance Center / Article
The Los Angeles CII stormwater permit provides three ways to address its water quality-based effluent limitations:
Each option has ongoing requirements. None is a general exemption from the rest of the CII permit.
The right option depends on the facility, its site conditions, costs, and long-term obligations. The decision should be made with both legal counsel and qualified technical professionals.
Option One: Fund Qualifying Regional Projects
Under Section 8.1, a discharger can enter into a binding agreement to fund or partially fund qualifying projects through a local Watershed Management Group or its fiduciary agent.
Not every stormwater project qualifies. The facility must be within the area covered by the group's approved Watershed Management Program and its reasonable assurance analysis. The order also sets requirements for when an upstream project may be used if no qualifying downstream project is available.
Before choosing this option, review the funding calculation, projects covered, payment obligations, agreement term, reporting requirements, and how the agreement can end. A facility that meets the requirements of this option is deemed in compliance with the specified water quality-based effluent limitations, but other CII permit requirements still apply.
Option Two: Install Facility-Specific Controls
Section 8.2 allows a facility to meet the CII permit requirements through facility-specific controls designed to capture and use, infiltrate, divert to the sanitary sewer, and/or evapotranspire the required runoff.
This is more than simply installing a filter. The controls must meet the permit's design requirements and must be properly operated and maintained. Whether this option is practical can depend on the site's size, soil and groundwater conditions, existing contamination, available infrastructure, and property access.
The legal and practical details also matter. Someone must have the authority to install and maintain the controls, and access must continue if the property is sold or leased. The permit limits switching from this option during the first two years unless the Executive Officer approves the change.
Option Three: Demonstrate Direct Compliance
Under Section 8.3, a discharger can demonstrate direct compliance with the applicable water quality-based effluent limitations through the required monitoring and reporting.
The applicable limits depend on the receiving water and other permit requirements. An industrial action level or another familiar stormwater standard does not necessarily apply to a CII facility.
This option requires careful attention to site conditions, sampling locations, analytical requirements, monitoring results, and how compliance will be determined. It may avoid regional funding or the specific design requirements of Option Two, but it does not eliminate the need for effective stormwater controls or operational changes if they are necessary to meet the permit limits.
Compare the commitments before selecting a route
Before committing to a route, consider both owner and operator responsibilities and CII filing deadlines.
| Option | Principal commitment | Questions to resolve |
|---|---|---|
| Regional project funding | Eligible agreement and ongoing compliance with its terms | Is the facility eligible and what does the agreement require over time? |
| Facility specific design standard | Qualifying controls with continued operation and maintenance | Can the controls be approved, built, accessed, and maintained at this site? |
| Direct compliance | Demonstrated compliance with applicable limits and monitoring requirements | Can the facility reliably meet the relevant limits and support that conclusion? |
The comparison should include capital work, fees, maintenance, staff time, monitoring, reporting, contractual exposure, and future changes. A cost estimate should identify what it excludes rather than imply that the quoted amount satisfies every obligation.
Responsibilities remain under every option
The SWPPP, applicable source controls, records, inspections, and reporting do not disappear once the permit holder selects its option. Nor should a change of option be handled as an informal operational choice; the order establishes notification and replacement-document requirements.
Owners and operators should document the decision, the assumptions supporting it, and the people responsible for implementation. Where the route depends on a third party, verify that the necessary agreement or authorization actually exists.
Frequently asked questions
Can we choose an option based only on price?
Price is relevant, but eligibility, technical feasibility, legal commitments, and ongoing performance must be considered. An unavailable or unworkable route is not a compliance solution.
Does paying into a regional project eliminate every risk?
No. The permit provides a defined compliance pathway when its conditions are met. Other permit duties and applicable laws still matter.
Read the CII deadlines guide or visit our CII legal services page. For a site-specific discussion, Get A Case Evaluation. This information is educational and is not legal advice or engineering design guidance.
Discuss Your CII Compliance Options
Tell us about the site and the option under consideration. Please identify any proposed agreement, capital commitment, or pending deadline.