Department of Water Resources
A daily compilation of significant news articles and comment
October 3, 2007
4. Water Quality
Threat of fines over fleet; STATE BLASTS DELAYS IN CLEANUP PLAN FOR RUSTING SHIPS - San Jose Mercury News
SEWAGE SPILL:
State board overturns sewage settlement; Investigation shows city fell short of responsibility - San Diego Union Tribune
PERCHLORATE SUIT:
Groups drop out of suit; Case involving perchlorate loses two water purveyors - Inland Valley Daily Bulletin
BUSINESS OPERATIONS:
Sanitation district weighs consolidation; Smaller Triunfo to consider merging with Las Virgenes - Ventura County Star
LOS OSOS:
San Luis school district votes to pay Osos sewer fees - San Luis Obispo Tribune
Editorial: Osos board should lead by example - San Luis Obispo
Threat of fines over fleet; STATE BLASTS DELAYS IN CLEANUP PLAN FOR RUSTING SHIPS
By Thomas Peele, MediaNews
The U.S. Maritime Administration is taking too long to clean up tons of toxic paint falling from obsolete ships into
Penalties could reach as high as $25,000 per day, according to the Notice of Violation by the Bay Area Water Quality Control Board. Tuesday's notice marks the first time state regulators have taken action that could result in fines in the long-running dispute with the federal government over several environmental issues.
There are 74 ships in the so-called mothball fleet just east of the
The water board on July 6 ordered a cleanup plan be submitted by Aug. 6. The Maritime Administration's only response was a short letter saying the matter would be studied. In the notice sent Tuesday, the board's executive officer, Bruce Wolfe, said the response is not adequate.
"There is an ongoing discharge of hazardous waste into
Maritime Administrator Sean Connaughton did not respond to an e-mail, and a request to speak with him left with a spokeswoman, Susan Clark, who would not take questions about the matter.
The notice sent Tuesday reflects growing frustration of state regulators over the Maritime Administration's response to environmental concerns over underwater hull cleaning for the fleet and the need to take samples from the bottom of bay to determine how far pollution from the peeling paint may have spread.
It would take a formal vote by the regional water board to issue fines threatened in Tuesday's letter. Wolfe described the board's action as a "progressive enforcement policy." Fines could reach $25,000 a day if set by a judge, according to the notice. No ships belonging to the administration have been moved from the Suisun fleet for disposal since January.
Besides the paint peeling from the vessels, the Maritime Administration also faces problems with how to clean the hulls under the water before hauling the ships to
http://www.mercurynews.com/healthandscience/ci_7069559
SEWAGE SPILL:
State board overturns sewage settlement; Investigation shows city fell short of responsibility
By Elena Gaona, staff writer
Facing fines totaling $1.8 million,
Mark Alpert, the regional water board's enforcement coordinator, said the reasoning behind the settlement was saving staff time and money because the board essentially got what it needed from the city.
Two environmental groups, however, petitioned the state water board for a review of the settlement.
The city had argued that its failure to properly treat sewage during a six-week period in 2004 resulted from illegal dumping of toxic chemicals by a golf-club manufacturer that killed off bacteria at its
That explanation was accepted at face value by the regional board when it settled, said Everett Delano, an
A state investigator, however, had concluded that the response of plant staffers to the dumping was more to blame.
Yesterday's ruling was consistent with that conclusion, which the city disputes, City Attorney Jeff Epp said.
“It's what we expected,” Epp said, adding that the city's goal is to reinstate the settlement.
Alpert said the regional board can now withdraw its original complaint, reach the same settlement with additional documentation, or go through the process of a hearing. Though maximum fines for the city's violations could be substantial, it's more realistic that the worst-case scenario would be the original $1.8 million fine, Alpert said.
In its decision, the state board said local boards have little discretion in reducing fines, which are mandated under federal guidelines. #
http://www.signonsandiego.com/uniontrib/20071003/news_1mi3escon.html
PERCHLORATE SUIT:
Groups drop out of suit; Case involving perchlorate loses two water purveyors
By Jason Pesick, staff writer
Two local water purveyors have dropped out of a multiple-plaintiff lawsuit against Emhart, a defunct division of Black & Decker, in a case to compel dozens of parties to clean up perchlorate contaminating local drinking water.
Originally, Fontana Water Co., owned by the San Gabriel Valley Water Co., and the West Valley Water District sued Emhart so they would have a claim before it was too late.
Emhart was dissolved in 2002, and lawsuits had to be filed within three years.
"We don't see that as a good use of our money," Anthony "Butch" Araiza, general manager of the water district, said of the lawsuit.
On Monday, the two purveyors dropped claims from the massive federal lawsuit that is a combination of separate lawsuits filed by Colton, Rialto, West Valley, Fontana Water Co. and Goodrich - one of the suspected polluters.
Araiza said the judge told
Perchlorate, used in the production of explosives like rocket fuel and fireworks, can interfere with the thyroid gland in humans.
It is flowing from industrial sites on
Unlike
Araiza said the state and federal government, not individual water purveyors, are charged with cleaning up the contamination.
"Our job is to make sure that our customers have good, clean water," he said.
Michael Whitehead, president of the San Gabriel Valley Water Co., and Barry Groveman, an attorney for Fontana Water and
That cost is at least $15 million for
Bob Wyatt, a lawyer for Black & Decker, said he thinks the two agencies dropped their claims for lack of evidence.
"
"I don't know why they would have dropped their claims. They're not serving their consuming public very well by dropping the claim against Emhart," Rialto Councilman Ed Scott said.
Scott Sommer, one of
Gene Tanaka,
"That's a big item, and they've lost access to that," he said.
Recently,
"The pollution at issue has nothing to do with any Black & Decker operations or products," the ad reads.
In response, Scott and Councilwoman Winnie Hanson, both members of the council's perchlorate subcommittee, sent Black & Decker CEO Nolan Archibald a letter calling the ad "inaccurate" and "deceptive." If Black & Decker is innocent, they say, it should prove it in state hearings.
"Put up or shut up," they write. #
BUSINESS OPERATIONS:
Sanitation district weighs consolidation; Smaller Triunfo to consider merging with Las Virgenes
By Teresa Rochester, staff writer
Directors of a small sanitation district that serves several communities along
Two members of Triunfo Sanitation District's board of directors have been named to a committee that will analyze consolidation with Las Virgenes Municipal Water District.
Las Virgenes provides water and wastewater services to more than 65,000 people in the region encompassing Agoura Hills, Calabasas, Hidden Hills and
Merging with a larger district was one of several recommendations made by the Grand Jury, which issued a report in June on the smaller sanitation district.
An inquiry was begun following the receipt of an unspecified complaint about Triunfo.
Triunfo provides services to the unincorporated community of
Triunfo also owns Oak Park Water Service, which is the water provider for
"Instead of being a very small district without having a direct relationship to the service, you would have a more direct line providing the service," Ventura County Supervisor Linda Parks, a Triunfo board member, said in reference to consolidating.
Finance, governance and assets are among the issues that need to be analyzed, said John Mundy, Las Virgenes general manager.
Governance has been a sticky topic for Triunfo's board of directors.
Parks has long advocated for an all-elected board. Currently two of the five members are elected. The rest are appointed.
The board came to a consensus this summer to look into an election by districts, which has the support of some board members because it would ensure that each service area would have representation.
But state law prevents Triunfo from electing its board members by districts. It does, however, allow for all five members to be elected.
Electing the board was one of the main themes in the Grand Jury report, which said customers' interests would be better served.
The Las Virgenes board of directors is elected by district.
Mundy said some reasons for consolidation include better governance, representation and cost saving.
"There are a lot of reasons for consolidation," he said. "It's not common but it has been done."
Parks also pointed to a more streamlined, efficient governance as a reason for consolidation. Doing so would improve coordination of infrastructure, she said. #
http://www.venturacountystar.com/news/2007/oct/02/sanitation-district-weighs-consolidation/
LOS OSOS:
San Luis school district votes to pay Osos sewer fees
By Sally Connell, staff writer
The San Luis Coastal Unified School District board, which may be the largest landowner in Los Osos, has decided to pay a hefty assessment to support a community sewer system.
The district board made the decision on a 7-0 vote at Tuesday night’s meeting. The maximum cost of the assessment for the school district is projected to be more than $1.5 million for three schools in the sewer district zone.
The county is asking property owners in a septic-tank prohibition zone defined by the Regional Water Quality Control Board to support financing a public sewer system.
For single-family homeowners, the assessments are expected to be about $25,000 per year, but the $1.5 million that would be assessed against San Luis Coastal is more than 1 percent of the proposed $127 million assessment for the whole facility.
San Luis Coastal owns three school sites in the affected area: Baywood Elementary;
The $1.5 million amount could be paid in a lump sum or involve issuing a bond paid by a property tax assessment over a 30-or 40-year period, depending on what county officials decide.
Brad Parker, director of the district’s buildings, said paying the $1.5 million could cost $7,400 to $9,500 per month if it is stretched over 40 years, and $10,000 to $12,000 per month if over 30 years.
Russell Miller, assistant district superintendent for finance, said the sewer payment would be another bill added to the estimated $1 million the district already pays annually for utilities.
Board President Chris Ungar expressed worry that the schools would not be able to continue to use their septic systems if the Proposition 218 assessment does not pass, because of enforcement action from the regional water board.
Ungar said the sewer was a serious health and safety issue that could affect students and staff. #
http://www.sanluisobispo.com/news/local/story/157194.html
Editorial: Osos board should lead by example
San Luis Obispo
With an Oct. 23 voting deadline looming, it’s time the Los Osos Community Services District board of directors took a firm stand in support of the Proposition 218 sewer tax. It can start by voting in favor of a $61,204 assessment on the district’s own property.
A unanimous vote Thursday would be a strong endorsement of the county-led sewer project, though given the makeup of the services district board, we recognize there is little chance of a 5-0 vote.
We would hope, however, that those board members who have been supportive of the county-led project would take this opportunity to strongly endorse a “yes” vote on Proposition 218.
Three board members— Chuck Cesena, Steve Senet and Joe Sparks — have voiced varying degrees of support for the county’s project, though they declined to be pinned down on how they’ll vote Thursday.
The two other directors — Julie Tacker and Lisa Schicker — said they may abstain when the issue comes up for a vote.
It doesn’t surprise us that Tacker would consider abstaining.
She has been critical of the county project, and in a Tribune Viewpoint on Sept. 29, she predicted economic disaster for the community if the tax passes.
We completely disagree with her conclusions — we think disaster will occur if the project winds up back in the hands of the bankrupt district. But we respect the fact that Tacker laid out her objections and publicly stated her position.
Schicker, on the other hand, told Tribune reporter Sona Patel that she may abstain because the district’s vote could be viewed as electioneering. We don’t see it that way.
The district’s five directors should be among the best informed members of the community on the sewer issue. They’ve studied the data, heard the experts, presided over umpteen meetings and made many decisions— including a near-unanimous decision agreeing to the state legislation that put the project in the hands of the county. (Tacker was the lone dissenter.)
This is one of the most important decisions to face the Los Osos community, and the board needs to step up and lead by example.
Abstaining would amount to abdicating that responsibility.
On Thursday, the board should vote in favor of assessing the district’s property. This is the time for strong leadership, not for hiding behind abstentions. #
http://www.sanluisobispo.com/news/editorial/story/157152.html
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