Department of Water Resources
A daily compilation of significant news articles and comment
October 22, 2007
4. Water Quality
MARIN WATER QUALITY ISSUES:
Marin struggles under state, federal water violations - Marin Independent Journal
WASTEWATER ISSUES:
In deep water:
LOS OSOS:
‘Moment of truth’ for Osos residents, assemblyman says; If the town rejects a tax for the sewer, it wouldn’t likely get any more chances - San Luis Obispo
Editorial: In Los Osos, ‘yes’ vote will be worth it; Rejecting a $25,000 sewer tax assessment would prove far more costly in the long run - San Luis Obispo Tribune
MARIN WATER QUALITY ISSUES:
Marin struggles under state, federal water violations
Marin Independent Journal – 10/21/07
By Mark Prado, staff writer
Thirty-five years after passage of the Clean Water Act, Marin is still struggling to keep its waters clean - and facing sewage problems at both ends of the county.
Two Marin sanitary districts report multiple violations of federal pollution standards, and the county faces state orders to clean up problems at Richardson and Tomales bays.
"We have solved some of the major problems around the bay, but we still have some ongoing water quality issues," said Sandi Potter, spokeswoman for the state's San Francisco Bay Regional Water Quality Control Board.
Passed in October 1972, the Clean Water Act set goals of eliminating the discharge of pollutants into the nation's waterways by 1985, and making them fishable and swimmable by 1983. While environmentalists say significant progress has been made in improving water quality, more needs to be done.
State officials warn that some fish in the bay should not be eaten regularly, especially by pregnant women.
A new report from U.S. PIRG - a federation of state Public Interest Research Groups - analyzed all major facilities in the country to see how often they violated their Clean Water Act permits in 2005.
The report found that facilities across the country continue to violate pollution limits.
"Water quality has definitely improved since the Clean Water Act was passed, but there is still more work to do," said Christy Leavitt, federal clean water advocate for PIRG. "Municipalities should be following the law, but we need to support their efforts. Sewer plant upgrades are costly and they can't always do it on their own. The federal government should help."
In Marin, the
The Novato Sanitary District knows exactly why it was listed for 11 violations in the report for pollutants such as nitrogen, oil, grease and waste solids: It has a 52-year-old treatment plant in Bel Marin Keys that no longer functions properly.
The agency is now spending $90 million to turn that plant into a pumping station and entirely rebuild another treatment plant - which is 58 years old - on
"We have put a lot of money to make a silk purse out of a sow's ear," said Beverly James, district general manager. "We have not been entirely successful in meeting standards. It is embarrassing to say we have had a significant number of violations, but for fairly minor issues."
With ongoing construction, the district - which is working with the regional water board - is expected to meet requirements as of March and will have a new treatment plant online by 2010.
Problems at the Sausalito-Marin City Sanitary District, which had nine violations for oil, grease and waste solids pollution, are also being addressed with $3.5 million in work, officials said. The problems have caught the eye of state and federal regulators.
In June the regional water board announced it would fine the
Over the past three years, the wastewater treatment plant at
The district hired a consultant to look at the operations and develop a plan to get into compliance.
"We are just finishing up a construction project that will help," said Bob Simmons, general manager of the district.
New equipment to better break up, dissolve and flush biomass has been installed, Simmons said. The district wants to limit saltwater intrusion at the plant, which causes waste to float. The upgrades will be completed by the end of the year.
The district had few violations in the early part of the decade, Simmons said, and it is unclear why problems arose.
"It has been hard to put our finger on," he said.
The Sewerage Agency of Southern Marin and Las Gallinas Valley Sanitary District were cited for one violation each in the report.
The report comes as the regional water board is developing plans to clean Richardson and Tomales bays of pathogens caused by human and animal waste.
The bay, which is used for boating, kayaking, rowing and swimming, has trouble getting rid of pollutants because it is shallow, enclosed on three sides and has minimal tidal flushing.
The bay is impaired by pathogens found in human waste and the regional water board is pointing primarily at houseboat marinas in the area as the source. While all houseboats have sewage systems, water quality monitoring indicates some of the systems may be substandard or poorly maintained.
Recreation boat marinas as well as urban runoff and sanitary district sewer overflows during the rainy season are contributors, according to the water board.
The regional water board has developed an initial plan to address the problem, which includes requiring houseboat marina owners to submit a plan to fix poor sewer systems, sanitation agencies in the area to fix sewer overflow issues, and recreational marina owners to install adequate pump-out and dump stations.
The plan calls on the county, along with
A hearing has tentatively been set for April on the issue and a plan could be adopted in June. Then, beginning in 2013, the board would track compliance with the threat of action if parties do not cooperate.
Across the county at
Heavy winter rains force pollutants - animal waste from agricultural lands, septic tank waste and other impurities - into creeks that flow into the bay. That sends pathogen counts skyrocketing, impairing water quality and forcing closure of shellfish operations.
There is an onus on ranchers because, during heavy rains, feces from cattle washes down creeks that feed the bay, according to the water board.
Now the state wants ranchers in the watershed to develop "ranch plans" showing the state how they will address the issue. The water board will consider the plan in the spring.
A primary focus of the plan is for ranch owners to keep cattle and their waste away from creeks by building fencing and other barriers.
Grant Davis, executive director of the Novato-based Bay Institute, said while water quality issues exist, the future is far from grim.
He noted the regional water board has done a critical job in monitoring water quality. He also cited formation of the North Bay Watershed Association, a group of 15 regional and local public agencies from Marin,
"l feel we are making great progress," said
"Yes, there is regulatory presence, which is good, but you also have people working together now and looking at long-term watershed plans. Yes, the issues are very real, but they are being addressed." #
http://www.marinij.com/marin/ci_7239246
WASTEWATER ISSUES:
In deep water:
By Beth Curda, staff writer
As
Under the latest in a string of cease and desist orders from the state,
There are several problems that need addressing, Mayor Mary Ann Courville said. The pipes are old and some either leak or allow ground water to seep into the system. The headworks that carry water into the plant are old and need work. The state said the city needed to line its ponds at the plant, and that its discharged water carries too much salt.
“At the time,” Courville said, “there was an urgency because it was something that the city has been working back and forth with the State Water (Resources) Control Board for more that 10 years.
“We've been putting Band-Aids on the sewer treatment plant. That was OK to keep holding us on. There was still capacity available, but we were not producing the best sewer plant product that we could.
“So, there was an urgency that we were being threatened from the board that if we did not do something, they would start fining us.”
The city had planned the upgrade and a change in how it discharges its treated water and proposed the fee increase as funding. That would fund a bond, which Courville said was the best option at the time.
Today, since the voters rejected the fee increase, the city is looking at a state loan and has a citizens' committee helping sort through financing options.
Residents were upset last year because their monthly sewer fees would triple over five years.
They would have gone from $15.35 per month to $45 per month, said Ourania Riddle, who gathered signatures to put the issue on the November 2006 ballot.
“So, the city now was really stuck with the situation,” said Riddle, a member of the
“And so we went to the City Council, the taxpayers did, and said, look, you need to get your citizens involved” and suggested the council form a committee to look at the wastewater treatment problems.
The council formed the committee in February, and Riddle is one of a dozen members. Two people at the meetings are engineers, but the others don't know much about wastewater processes, she said, “so we spend a lot of time educating ourselves.”
“We realized,” City Councilman Jack Batchelor said, “that, in order for this thing to be resolved, that we were going to have to look at the whole project that was rejected. So, in order to do that, there (were) some community folks that said, ‘let's get a wastewater committee together,' and so we did that.”
The council has also authorized testing of some of the ponds at the plant, he said. The state has said the salt content is too high, but the city suspects it is due in part to property around the ponds and to water leaking into the sewer pipes.
The city has a deadline in November to respond to questions the water quality board has presented, he said, and that will be its next step, as the city talks with the board about whether the cease and desist order can be revised.
Education is another piece of the solution that she wants for the community, Riddle said.
Water softeners that some
“Every city up and down the valley is dealing with this issue right now, including
Said Courville: “It's been an interesting process. I know a lot of cities in this area are going to be going through this same thing. I wish them the best of luck. Be patient.”
Issues involving the water board can be tough, she said, and the city is happy to help others if it can. #
http://www.davisenterprise.com/articles/2007/10/21/news/073new0.txt
LOS OSOS:
‘Moment of truth’ for Osos residents, assemblyman says; If the town rejects a tax for the sewer, it wouldn’t likely get any more chances
San Luis Obispo
By Antonio Prado, staff writer
As the end of a key election that will determine the fate of the latest Los Osos sewer project nears, the lawmaker who brokered the plan said it’s the community’s last chance to stave off a state crackdown.
State Assemblyman Sam Blakeslee said he would have no credibility to ask state water quality regulators to wait again if property owners reject a tax that would pay for the county to design and build a sewer.
“For the property owners, this is the moment of truth,” Blakeslee, R-San Luis Obispo, told The Tribune editorial board Thursday.
“A ‘no’ vote becomes ‘let the enforcement agencies do their worst,’ ” he added. “It would be tough to ask for another chance.”
Some community officials and residents disagree, though, saying they need to see a defined project before making a financial commitment.
For decades, state officials have been pushing Los Osos to build a sewer in hopes of ending nitrate pollution of the groundwater and
Water quality regulators blame that contamination on individual septic systems in the coastal town of about 14,000.
They fined the Los Osos Community Services District $6.6 million after its new board — installed in a 2005 recall election — halted construction on a sewer project launched by the ousted board majority.
But they have held off enforcement on a number of occasions as several attempts to build a sewer failed.
More recently the state’s regional water board agreed to allow the county time to build a sewer before issuing several thousand stop orders that would force people to unhook from their septic systems by 2011 or face stiff fines.
Blakeslee brokered a plan approved by the state Legislature and Gov. Arnold Schwarzenegger that turned over preliminary design and construction of the sewer to the county.
The county is now asking owners of most developed properties in Los Osos to approve a $127 million assessment to finance that work.
For most homeowners, that’s about $25,000 if paid in a lump sum. But county officials expect most would pay in twice-annual installments of $960 on property tax bills for 30 years.
Under Proposition 218 — the Right to Vote on Taxes Act approved by California voters in 1996 — the assessment must get a simple majority of “yes” votes weighted according to how much each property would be levied.
Ballots are due Tuesday at the county Clerk-Recorder’s Office.
Blakeslee noted that if the tax is rejected, all the responsibility for building a sewer would return to the town’s services district.
He said the district — now under federal bankruptcy protection — “has demonstrated that it does not have the resources to pull through” in building a sewer.
Reaction
The district board voted 3-2 Thursday to approve the assessment on property it owns. Board members Lisa Schicker and Julie Tacker voted “no.”
“Many citizens really want a defined project before them before committing to big money,” Tacker said Friday, adding that she remains optimistic the district can pick up where it left off before the county became involved, if necessary.
She acknowledged that the district is now“financially compromised,” but added that a way could be found.
“I am not giving up,” she said.
Tacker was critical of Blakeslee’s statement that without a “yes” vote he would not be able to do much more to help the residents of Los Osos.
“What Blakeslee was able to do is keep the county clean from our liabilities,” she said. “If he is going to be a leader, he needs to say that if this is not going to work then we can find something else that will.”
Chuck Cesena, the district board president and one of the three “yes” votes Thursday, urged residents to follow the board majority’s lead.
“In the community’s interest, I do think a ‘yes’ vote is the thing that needs to happen,” he said. “I think we need to partner with the county to make this project happen.”
“There are still some people out there that do not want to see our board succeed,” he said. “They would try to prevent everything we did, and I am afraid that anything the district would try to do would be bogged down in additional litigation. That is the last thing this community needs.”
Blakeslee said that if property owners approve the assessment, “there is a superb chance of low-interest loan financing” from the State Water Resources Control Board.
And if the assessment passes, it would show a community commitment that could make it easier to obtain federal or state grants to help defray the sewer’s cost, he said.
Blakeslee said that, based on his talks with regulators charged with ensuring water quality, they are eager to see Los Osos build a sewer to protect its groundwater and the bay.
The only condition — spelled out in Schwarzenegger’s signature message of Blakeslee’s bill — is that the state be paid back $6.6 million the district defaulted on from an earlier loan.
A state loan would be the cheapest long-term financing for Los Osos taxpayers compared to municipal bonds or bank loans.
Under the county’s plan, part of the proceeds from the assessment could pay back the money the district owes the state for the defaulted low-interest loan. That loan, one of the largest debts in the bankruptcy, was to pay for early construction of the previous district board’s sewer project. #
http://www.sanluisobispo.com/news/local/story/172230.html
Editorial: In Los Osos, ‘yes’ vote will be worth it; Rejecting a $25,000 sewer tax assessment would prove far more costly in the long run
San Luis Obispo
We hold enormous sympathy for the very difficult choice Los Osos voters face in voting on whether to assess themselves about $25,000 to ensure construction of a much-needed sewer. No question about it, $25,000 is a lot of money. At the moment, about 40 percent of the eligible voters have not cast their ballots. In a typical general election, those 40 percent would probably remain silent. Some voters withhold their ballots as a protest against both sides.
But this is not an ordinary election, and the stakes are much higher. In the crucial sewer tax election in Los Osos, not voting means only one thing: Those who are more passionate—the opponents—could win. And that would be disastrous.
If the opponents of the current process win, it means the county government walks away from the sewer project and all responsibility and obligations for a sewer would go back to the bankrupt Los Osos Community Services District.
In the words of Assemblyman Sam Blakeslee, who has worked tirelessly to rescue the sewer project from inept management by the community services district, rejecting the ballot proposal would be the equivalent of letting “enforcement agencies do their worst.’’
The community would still be under a state order to cease and desist using septic systems and build a sewer. Town residents would again face stiff fines from the Regional Water Quality Control Board for polluting
The community services district would still be bankrupt, without any of the resources — fiscal or otherwise— to address the problem. And Blakeslee says he’d be in no position to help: “I’ll have no credibility.’’
“I don’t think most responsible homeowners want to find themselves’’ in that position, he said.
We agree. That’s why we’re once again urging property owners in Los Osos who are eligible to vote to cast their ballots by Tuesday’s deadline. A “yes’’ vote authorizes a collective assessment of about $127 million, which works out to about $25,000 per property owner. (That’s excluding monthly bills for service charges, estimated at $40.)
We recognize that the tax assessment is a huge financial burden.
But we believe that county officials and elected officials— most notably Blakeslee and Rep. Lois Capps, D-Santa Barbara—will intensify their efforts to obtain a low-interest loan and grants to reduce the total cost and the amount that property owners must pay.
Capps has been lobbying to secure millions of federal dollars for the project. And Blakeslee said last week he thinks the community services district has a superb chance of getting a low-interest loan as long as it pays back $6.6 million to the state that the district defaulted on from an earlier loan. Under the county assessment plan being voted on, that could occur.
Before Capps, Blakeslee and others can secure any loan or grants, however, residents must first demonstrate that they’re committed to ending the pollution and building the sewer.
They can only do that by voting “yes’’ on Proposition 218.
A defeat will put the residents at the mercy of the regulators, who have made it clear they have run out of patience and will take stern, punitive measures.
“Yes” is a very expensive word in this situation. But it’s far cheaper than the financial havoc that “no” will create. #
http://www.sanluisobispo.com/news/editorial/story/172810.html
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