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[Water_news] 1. DWR'S CALIFORNIA WATER NEWS - Top Item for 9/13/07

Department of Water Resources

California Water News

A daily compilation for DWR personnel of significant news articles and comment

 

September 13, 2007

 

1.  Top Item

 

State system established to keep waters pollution-free 'is broken'

San Diego Union Tribune – 9/13/07

By Mike Lee, staff writer

 

Political tussles, tight budgets, work slowdowns and a lack of prestige are hobbling the network of agencies responsible for controlling water pollution in California.

 

The troubles include the San Diego region's agency having too few members to hold meetings, short staffing for the Central Valley office and what critics say is inadequate policing of water-quality mandates statewide.

 

“The state is woefully inept at enforcing its clean water laws,” Senate President Pro Tempore Don Perata, D-Oakland, wrote in a recent letter to Gov. Arnold Schwarzenegger.

 

“The whole system is broken,” he continued. “It's overly complicated, lacks accountability and is severely underfunded.”

 

Perata is spearheading legislation that would affect everything from the agencies' pay to their accountability. The Legislature approved his bill yesterday and sent it to the governor, who has not taken a position on the measure.

 

California's regulatory system for water pollution consists of nine regional boards that report to a state board but still operate with a high degree of independence.

 

These agencies have a much lower profile than the state's Coastal Commission or the Air Resources Board. However, they serve as important watchdogs for rivers, bays, coastal lagoons and other bodies of water. They have issued mandates that cost hundreds of millions of dollars and affect powerful groups such as home builders.

 

For example, the San Diego Regional Water Quality Control Board recently ordered a 20-year cleanup of metals contaminating Chollas Creek. It also has proposed a landmark cleanup of San Diego Bay and has sued to stop pollution discharged from a federal wastewater plant in the South Bay.

 

Because of the boards' significance, some legislators, environmental groups and business leaders have become concerned about what they see as an increasing number of shortcomings of the agencies.

 

William L. Rukeyser, a spokesman for the state water board in Sacramento, accepted some of Perata's remarks as constructive criticism. But he rejected any notion that the agency wasn't doing its core job.

 

“Our programs have been active and our enforcement program in particular is getting even better,” he said.

 

Schwarzenegger's administration has directed the state board to conduct a comprehensive review of its operations, programs and staffing.

 

“The governor shares Sen. Perata's priorities for California to have the best possible water quality,” said a statement issued by Schwarzenegger's press office in response to an inquiry by The San Diego Union-Tribune.

 

The statement did not address why the San Diego board has been allowed to shrink to a point that impacts the agency's work.

 

The board's monthly meeting, planned for yesterday, was canceled because it lacked a quorum. It's the second time that has happened in less than a year.

 

Schwarzenegger has not filled three of the board's nine seats, leaving little room for the current members to miss meetings or recuse themselves from votes to avoid conflicts of interest.

 

The quorum problem could worsen dramatically just as the the board is scheduled to discuss a long-delayed cleanup of San Diego Bay. The terms of two board members will end Sept. 30, although Schwarzenegger can extend them for 60 days.

 

One of the board members facing termination, Daniel Johnson, could not be reached for comment. Some agency watchers don't expect him to seek another term.

 

The other member in question, Eric Anderson, wants to stay on. But in May, the Building Industry Association of San Diego County asked the state Attorney General's Office to remove him.

 

The association accused Anderson, a nurseryman, of crafting an exemption to regional storm water rules for farmers while extending them to other businesses and cities. Anderson, who says he did nothing wrong, is trying to show the governor that he has a broad base of support.

 

Putting aside his own case, Anderson acknowledged that yesterday's canceled meeting has created a logjam of work.

 

“We are kind of stuck,” he said. “Hopefully, we can catch up.”

 

Some conservationists and community groups have praised the San Diego board as a model agency for improving water quality.

 

Others contend that it's no longer an aggressive advocate for clean water.

 

The board has turned into a “do-nothing” agency with too many industry ties, said Bruce Reznik, director of the environmental group San Diego Coastkeeper. He said he hopes the governor will put more environmentalists on the board soon.

 

“It's an opportunity for appointments that better represent a voice for water quality enforcement,” Reznik said.

 

Schwarzenegger's aides said they're trying to find the most qualified applicants for the San Diego board, but they gave no timeline for filling vacancies.

 

San Diego's quorum troubles are shared by at least one other regional water board: There are four unfilled seats on the Colorado River Basin Board, and the chairwoman's term will end Sept. 30.

 

Vacancies are common, partly because board members receive only $100 a meeting, which can last all day. In addition, their posts are much less coveted than those for high-profile agencies such as the Coastal Commission, which often have served as launching pads for statewide political jobs.

 

The field is further narrowed because some candidates have connections to divisive causes or regulated businesses and agencies.

That type of controversy erupted in August for the North Coast board, which is based in Santa Rosa. The board is down to six members after a Schwarzenegger appointee resigned over what Perata called “hate speech.”

 

Samuel Wakim resigned after posting a fake illegal-immigrant driver's license on his personal Web site, according to several news reports. The mock-up showed a caricature of a Latino in a large sombrero, an “X” for a signature and the word California replaced by “Mexifornia.”

 

In the big picture, the water boards' challenges go beyond any single member. Perata faulted the structure of the system, which relies on more than 80 appointees.

 

“It's nearly impossible to ensure that they are all doing their jobs,” Perata said.

 

His legislation aims to increase the agencies' accountability and performance.

 

The bill would, among other things, increase the per diem for board members to $500 and a create a mechanism for the state board to remove authority from regional boards that don't sufficiently protect water quality.

 

Even if Schwarzenegger signs the legislation, it won't address all the problems facing the water boards – including a lack of funds.

 

Five years ago, a review by the Legislative Analyst's Office showed a lack of resources for these agencies. The office is a nonpartisan, policy-oriented agency in Sacramento.

 

“There remains a substantial workload that is not being addressed,” the report said.

 

The shortages seem to continue.

 

Last month, the executive officer for the Central Valley board said several parts of that agency have 40 percent or less of the staffing levels identified in a 2001-02 needs assessment.

 

In an interview this week, that officer – Pamela Creedon – tried to downplay the disparity. Environmentalists said her latest statements are the result of pressure from the governor's office.

 

“I don't know what the magic number (of employees) is,” she said. “I am going to do the best we can with what we have.” #

http://www.signonsandiego.com/news/metro/20070913-9999-1n13board.html

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