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[Water_news] 4. DWR'S CALIFORNIA WATER NEWS: WATER QUALITY - 2/22/08

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

February 22, 2008

 

4. Water Quality

 

WASTEWATER DISCHARGE:

Healdsburg wastewater ruling could have statewide impact - Santa Rosa Press Democrat

 

BAY AREA POLLUTION ISSUES:

Martinez refinery is top polluter; Tesoro had 1.8 million pounds of toxic releases in 2006 to lead Bay Area for fourth year in a row - Contra Costa Times

 

SIMI VALLEY PLANT HORONED:

Simi water control plant honored for its efficiency - Simi Valley Acorn

 

 

WASTEWATER DISCHARGE:

Healdsburg wastewater ruling could have statewide impact

Santa Rosa Press Democrat – 2/22/08

By Bob Norberg, staff writer

 

Following a loss in the U.S. Supreme Court, Healdsburg must stop discharging wastewater year-round into an old quarry pit next to the Russian River.

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"It was a victory for the environment," said Charles Tebbutt of Eugene, Ore., an attorney for Northern California River Watch, which brought suit against Healdsburg in 2001.

The decision, described by city officials as potentially precedent-setting, establishes that the Healdsburg quarry pits are subject to the federal Clean Water Act because of their proximity to the Russian River.

"From a legal perspective, it is very important; from an environmental perspective, it is very important," Tebbutt said.

The Supreme Court on Tuesday declined to review decisions by federal courts in San Francisco that said Healdsburg's discharges into Basalt Pond are subject to the Clean Water Act.

"That ruling, although specific for Healdsburg, is precedent-setting," said Mike Kirn, the city's public works director, who added that it could become the basis for decisions about wastewater storage by regional water quality control boards across the state.

"It would not surprise me if that becomes the barometer for the other regional boards to prepare waste discharge requirements and conditions," he said.

It's an important decision, said David Leland, the chief of watershed protection for the North Coast Water Quality Control Board, a state agency with regulatory oversight authority of wastewater discharges.

"It interprets a piece of the law that has been under challenge," he said. "What are the waters of the United States? Is the Basalt Pond, which Healdsburg was arguing was separate from the river, part of the Russian River? The court ruled it was functionally part of the river."

Leland said the ruling means the city has to comply with regulations of the Clean Water Act, which require a higher standard of treatment to discharge into the Basalt Pond and will eliminate summer discharges.

Healdsburg already was on track to meet water treatment requirements. The city is finishing a $32 million treatment plant and has received permits from the water board. The plant will be operating by May 1, the deadline to increase its level of treatment.

To eliminate summer discharges into the pond, the city is planning to spend $10 million to $14 million to irrigate city parks, playgrounds and the city golf course, Kirn said. That program needs to be in place by the summer of 2010.

That raises the possibility of sewage rate hikes, Kirn said.

"The city and its ratepayers have taken on a tremendous fiscal responsibility to build a new plant, and our average users' rates are among the highest in the state, $80 a month," Kirn said. "The rates will probably have to go up another $20 a month . . . We could be over $100 a month for our users."

Healdsburg also may be liable for about $900,000 in court costs and River Watch attorney fees, Kirn said.

"We are a small community, 12,000 residents. There is not much economy of scale to spread those costs over," Kirn said.

At issue in the lawsuit was the city's practice of year-round discharges of treated wastewater into Basalt Pond, a 58-acre former quarry near the Russian River.

River Watch argued the wastewater eventually seeped into the river, requiring that the city get a permit to comply with the Clean Water Act.

The city contended it needed to meet state regulations, rather than those of the Clean Water Act, but federal courts in San Francisco ruled in 2006 and again in 2007 against the city.

The 2007 ruling, by the 9th U.S. Circuit Court of Appeals, was appealed by the city to the Supreme Court, which said it would not hear the case. #

http://www1.pressdemocrat.com/article/20080222/NEWS/802220321/1033/NEWS01

 

 

BAY AREA POLLUTION ISSUES:

Martinez refinery is top polluter; Tesoro had 1.8 million pounds of toxic releases in 2006 to lead Bay Area for fourth year in a row

Contra Costa Times – 2/22/08

By Mike Taugher, staff writer

 

Tesoro's Golden Eagle refinery near Martinez was again the Bay Area's top polluter in 2006, according to data on toxic releases made available Thursday by the U.S. Environmental Protection Agency.

 

The refinery, which is the second-largest in the region, reported releases of 1.8 million pounds of toxic chemicals to air, water or land. That figure was down from 2.5 million pounds in 2005.

 

Overall, the EPA said toxic releases in 2006 from 1,357 facilities in California were down 2.8 percent to 45.2 million pounds from the previous year.

 

Tesoro's refinery has historically lagged behind the other refineries in installing upgrades. It was the region's biggest polluter every year since at least 2003, according to an EPA toxics database.

 

Mike Marcy, a Tesoro spokesman, said most of the toxic material reported by the refinery was ammonia that air quality regulators require to control smog.

 

A $575 million upgrade that is scheduled to be done this year will slash toxic pollution from the Tesoro refinery to about 500,000 pounds a year, according to Marcy.

 

"This is replacing 1950s technology that was here when Tesoro bought the refinery in 2002," he said.

 

The second-largest polluter in the Bay Area was Valero's refinery in Benicia, which released 1.7 million pounds of toxic chemicals last year. That refinery, with a 144,000 barrel-per-day capacity, is the fourth-largest of the Bay Area's five refineries.

 

Valero spokesman Chris Howe said most of the increase in reported emissions in 2006 -- double the figure reported the previous year -- was due to revisions that were made after tests of ammonia releases from some stacks showed higher emissions. He also said the refinery reported higher releases of nitrates to the water. The refinery also disposed of lead and other metals as part of routine maintenance done in 2006, which inflated the number.

 

Asked why the region's fourth-largest refinery would have the second-highest emissions, Howe said it was difficult to say but suggested the possibility that the other refineries might have more recent upgrades.

 

The Benicia refinery, at nearly 30 years old, is the newest of the five. The older refineries have had to perform upgrades, and when those upgrades are done newer pollution control equipment is installed. He said the Benicia plant "is just now coming up to be able to do" those upgrades.

 

Chevron's Richmond refinery, meanwhile, is by far the largest in the Bay Area with a capacity of nearly 243,000 barrels a day. It is also the oldest. It reported 1.2 million pounds of toxic releases in 2006, making it the third-largest polluter in the region.

 

"We're one of the most energy-efficient refineries in the U.S.," said Chevron spokeswoman Camille Priselac.

 

The Toxics Release Inventory is a database of emissions from large industrial sources. The EPA has collected the data since 1987 as part of a law that was passed after a Union Carbide chemical plant in 1984 leaked poisonous gas and killed thousands of people in Bhopal, India.  #

http://www.contracostatimes.com/search/ci_8334163?IADID=Search-www.contracostatimes.com-www.contracostatimes.com&nclick_check=1

 

 

SIMI VALLEY PLANT HORONED:

Simi water control plant honored for its efficiency

Simi Valley Acorn – 2/22/08

 

The California Water Environmental Association TriCounties Section recently presented the Simi Valley Water Quality Control Plant with the 2007 Plant of the Year award at the annual awards ceremony in Santa Barbara.

 

The award is presented to the wastewater system operator most proficient in wastewater treatment plant management, including regulatory permits compliance, financial management and cost effectiveness and overall treatment plant and sewer system operation.

 

The Plant of the Year Award qualifies the city to enter the statewide competition.

 

The state winner will be announced at the CWEA annual conference in Sacramento in April

 

The following city of Simi Valley, Public Works Department staff were also recognized:

 

•Richard Brewer, environmental compliance inspector, Pretreatment Pollution Prevention Person of the Year.

 

•Kevin Gieschen, environmental compliance program coordinator, Supervisor of the Year.

 

•Barbara Santos, laboratory supervisor, President's Recognition Award. #

http://www.simivalleyacorn.com/news/2008/0222/Community/013.html

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