Avalon Bay water quality is improving, according to one of the city’s consultants.
However, state-mandated deadlines can’t be changed.
The consultant also warned the City Council that if Avalon exceeds bacteria limits, the city could be fined or possibly lose the authority to approve sewer connections.
Avalon Bay water quality is improving, according to one of the city’s consultants.
However, state-mandated deadlines can’t be changed.
The consultant also warned the City Council that if Avalon exceeds bacteria limits, the city could be fined or possibly lose the authority to approve sewer connections.
The City Council received a status report on the bay’s water quality from Shawn Hagerty, of Best, Best & Krieger, and Daniel Apt of RBF at the agency’s Tuesday, Feb. 4 meeting. “You have made great improvements from where you were,” Hagerty said.
Hagerty said the California Regional Water Quality Control Board, Los Angeles Region set limits on the bacteria Avalon is allowed to have in the bay when the agency issued a cease and desist order to Avalon in 2012. However, the water board has imposed limits on how much bacteria is in the bay. The limits are called the total maximum daily load, or TMDL.
He said if those limits are exceeded, Avalon could be fined for each “exceedence” of the limits.
He said it was possible, but unlikely, that Avalon could lose control of its sewer system if state officials don’t believe the city can meet the requirements of the cease-and-desist order.
According to Hagerty, more realistically, the state could prohibit Avalon from approving new sewer connections. “Essentially, they can place a moratorium on growth within the city if there is a failure to meet the requirements,” he said.
Hagerty said that if the city can show, over time, that they are not exceeding the bacterial limits, the city could get off the TMDL list.
Mayor Bob Kennedy said he did not believe the bacteria limits were realistic. He said Avalon could have a run of squid in the harbor and the biomass would go through the roof. He asked if the city could get an extension on the deadline for meeting bacteria limits if natural events that were out of the city’s control took place.
Hagerty said the requirements were set by federal law.
He said the water board couldn’t change the regulations.
However, he also said that if the city keeps its commitments and demonstrations that natural conditions have occurred that are out of Avalon’s control, the water board would work with the city.
“Pretty funny—they chime in and take $11 million away from us and lay this on us,” said Council Member Ralph Morrow.
Hagerty said there were a lot of unfunded state mandates.
Daniel Apt, of RBF, updated the council on the storm water permit. He said the city’s planning and development process would have to be changed to comply with the permit.
Apt said deadlines for the permit will vary, with a lot of deadlines in the last couple of years. Apt said staff training will be key. According to Apt, not all staff members were familiar with the regulations.
Apt said there was a potential for discharges off construction sites during a rainstorm.
City Attorney Scott Campbell said staff was always looking for grant money.
