City Council Is Preparing for Next Round in Septic Tank Ban Slugfest

• No Date Yet on State Board Hearing on Regional Action

BY BILL KOENEKER

The Los Angeles Regional Water Quality Control Board seemingly made it official when it made an announcement last week about the septic ban issued for the Civic Center and surrounding area.
“On Nov. 5, 2009, the regional board adopted the resolution to prohibit on-site wastewater disposal systems (septic systems) in the Malibu Civic Center area. The prohibition applies to all dischargers in the Civic Center area, including commercial and industrial facilities, public facilities and residences. New septic discharges are no longer allowed and existing commercial and industrial dischargers and public facilities must cease discharge by November 2015 and residences by November 2019,” the notice emailed to stakeholders and posted on the RWQCB website stated.
However, Malibu city officials say not so fast. “The action the regional board took is not final. We do not want people to think it is the law of the land,” said City Attorney Christi Hogin. “It is like a cloud on a [property] title. You can’t be in violation of anything yet.”
Hogin was referring to what city officials believe is the tentative action of the regional board concerning a septic ban, which must be approved by the state board.
Earlier, City Manager Jim Thorsen had explained the state board may approve the ban, or it may send it back to the regional board with conditions.
Thorsen said the timetable is uncertain, as the state board could take up to several months to set a meeting date. “They assured me there would be a hearing. They need a complete record of the regional board hearing,” he said.
Hogin agreed, “I think there will a hearing. The written submissions will be 30 days in advance.”
The city attorney said the state board hearing is unlike an appeal hearing most Malibuites are familiar with. “It is not the case in the state board hearings. Either they accept the regional board’s action or reject it with comments,” she said. “We can’t so much pitch our plan.”
There was no more talk about suing the state panel, unlike at the last city council meeting when Mayor Sharon Barovsky vowed to take the matter to court.
Nor was there a showdown after Councilmember Jefferson Wagner had disagreed with the mayor on litigating the matter in several publications. Wagner did issue a nearly three-page position statement outlining his take on wastewater issues and the criticism it generated.
The matter was on the agenda, because the staff wanted direction on several ongoing projects.
However, the council at first took time to talk some more about their reactions to what had happened at the regional board meeting.
Councilmember Pamela Conley Ulich complained about how the board’s staff would not enter into the record actual evidence she presented.
Hogin said she found that interesting. “It is inexplicable. That is one of the things a court would look at. It is not procedurally correct,” the city attorney noted.
Thorsen had sought direction because he and the staff plus consultants would be getting ready to address the state board and wanted to know how money should be spent on existing studies and programs.
The council discussed whether work should continue on the Environmental Impact Report for the proposed Civic Center wastewater treatment facility.
Councilmember John Sibert said since the EIR is in the early stage, work should continue. “I think we should move forward. We can pull the plug [if need be],” he said.
The council unanimously concurred.
The council also unanimously agreed to direct the city manager to continue to work with a task force of stakeholders he has met with and the council also voted without dissent to use money left over from technical assistance fees earmarked for the past regional board meeting for the state board hearing.
The regional board notice offers further details about the past hearing and the process. Interested individuals seeking further details can go to: www.waterboards.ca.gov./losangeles/water issues/programs/basin plan/index.shtml.
The presentation given at the board hearing is available and the map delineating the prohibition area is also online.
The resolution for the prohibition and the certification of the environmental staff report with substitute environmental documentation is posted along with a notice of determination stating that the transcript of the hearing will be posted when it is available. The technical staff reports and memos are also online.
The septic ban is technically considered an amendment to the agency’s Water Quality Control Plan known as the Los Angeles Regional Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties.
The basin plan, according to the RWQCB, “is designed to preserve and enhance water quality and protect the beneficial uses of all regional waters. The basin plan designates beneficial uses for surface and groundwaters, sets narrative and numerical objectives that must be attainted or maintained to protect the designated beneficial uses and conforms to the state’s antidegradation policy and describes the implementation programs to protect all waters in the region.”
In addition, the basin plan incorporates by reference all applicable state and regional board plans and policies and other pertinent water quality policies and regulations. Those policies and regulations of other agencies are referenced in the various sections of the board’s basin plan.