City, Water Board Advance Wastewater Facility
Posted by Daniel Antolin on Jul 19, 2011 - 1:03:45 AM
MALIBU—The Los Angeles Regional Water Quality Board unanimously agreed to formalize a compromise with the City of Malibu to prevent new septic systems from being built at or near the Civic Center and require existing systems eventually to cease operation. This decision is reflected in a Memorandum of Understanding (MOU) between both parties.
Pending approval, the memorandum would commit the City of Malibu to continue to work with nearby private and commercial property owners to design and build a $30 million centralized wastewater treatment facility.
Civic Center wastewater treatment facility map courtesy of City of Malibu
If approved, the memorandum would require commercial property owners to connect to the facility by November 2015. This includes Civic Center area businesses, the Malibu Colony Plaza and the Malibu Lumber Yard.
Surrounding commercial and residential property owners would have to be connected by 2019. This includes homes in Serra Canyon, Malibu Colony, Civic Center Way condominiums, Webster Elementary School, the Adamson House, the Malibu Racquet Club and Surfrider Beach restrooms.
Homeowners in adjacent neighborhoods might also be required to connect to the facility if bacteria and nitrogen levels are found to have been reduced when construction ends for the two aforementioned project areas. These areas include homes on Malibu Road, those located east of Serra Canyon in Sweetwater Mesa, the Knolls, HRL Laboratories, Our Lady of Malibu Church and School, Malibu Presbyterian Church, Malibu Beach Inn, Malibu Inn and other commercial properties.
“The underlying premise of the MOU is that science should help define policy. Under the MOU, the City and the Board commit to undertaking monitoring and testing and using that information to determine the steps that will truly improve water quality," Mayor John Sibert stated in a press release posted on the City of Malibu's website on July 18.
Another part of the MOU includes the City of Malibu agreeing to upgrade wastewater disposal systems that cannot connect to any given property, the document indicates. This would entail the water quality board requiring properties with systems that degrade water quality to implement a disinfection system.
“State Board Chair Hoppin deserves a lot of credit for his leadership on this issue,” City Manager Jim Thorsen stated in the press release. “It was at his direction that the City was able to hammer out this plan with the Water Boards. Under this plan, residents with existing wastewater systems can take comfort that accurate, current science will drive future policy.”
Though the press release states that commercial and residential property owners would be required to fund the facility, they will reportedly have the chance to vote on whether to be included in special assessment tax districts. If they vote not to be included in these districts, and thus do not agree to pay for the project, the City of Malibu would have to turn to another funding option such as a bond measure.
Commercial property owners have already agreed to fund Phase 1. It is estimated that owners of property in areas that would be required to be connected to the wastewater treatment facility by the end of the latter two phases would have to pay $400 to $500 a month.
A resident asked what would happen if voters unanimously decided to oppose being included in the special assessment districts at a recent water quality board meeting. The response was that such a scenario would result in the board terminating the MOU and taking legal or regulatory actions to prevent local property owners from building septic systems or increasing wastewater flow.
An MOU was reached after the board approved an amendment in 2009 to the Basin Plan, which identifies beneficial uses for surface and ground waters and sets goals on how to achieve these uses.
The Basin Plan amendment calls for the aforementioned limits on Civic Center-adjacent septic system changes. Though it would not limit any necessary upgrades, repairs and improvements so long as they do not involve expansion or increased wastewater flow, the MOU states. The memorandum would have to be approved by the State Water Resources Control Board before any changes in the board's amendment can take effect.
A tolling agreement reached with state, local and regional water quality boards gave the City of Malibu, which initially opposed the amendment, until October to decide whether to take action against or agree with the change to the Basin Plan. Part of the MOU includes an agreement by the city not to join third party lawsuits against this amendment.
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