Loading...
HomeMy WebLinkAboutAGENDA REPORT 2002 0206 CC SPC ITEM 04AITEM 4• A. i,.'�T'� or BY: __�- MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council ;17 FROM: Kenneth C. Gilbert, Director of Public Works DATE: February 5, 2002 (CC Meeting 2 -6 -02) SUBJECT: Consider Resolution Requesting Los Angeles Regional Water Quality Control Board to Adopt a Meaningful and Reasonable Water Quality Objective and Total Maximum Daily Load (TMDL) for Chloride in the Calleguas Creek Watershed EXECUTIVE SUMMARY This requests adoption of a Resolution requesting that the Los Angeles Regional Quality Control Board (BOARD) reconsider its intent to establish standards for the discharge of chlorides into the Arroyo Simi, deemed to be unreasonable, too costly and ineffective. nTSMISSTON A. Attachments Attached as Exhibit 1 is certain background information on the subject matter, which was provided to staff by the Ventura County Waterworks District Number 1 (DISTRICT). These documents discuss intended action by the BOARD to establish a sewer treatment plant [Publicly -Owned Treatment Works (POTW)] discharge limit for chloride, viewed as unreasonable, cost prohibitive and ineffective. B. POTW / Board Dialogue The Federal Clean Water Act sets certain objectives with regard to improving water quality. The Federal Environmental Protection Agency (EPA) and the BOARD are vested with the responsibility of developing and enforcing regulations designed to achieve (or attempt to achieve) those objectives. 000001 TMDL for Chloride February 5, 2002 Page 2 To those ends, the BOARD announced its intent to set certain limits with respect to the level of chloride allowed to be discharged from the POTWs within the Calleguas Creek Watershed. The POTW operators have been in a dialogue with the BOARD over the past several years, regarding the appropriateness of the discharge limits and the overall effectiveness of such measure, if they were to be implemented. C. Cost Effectiveness It is estimated that the construction of the treatment works required for the attainment of this objective would exceed $20 million [for all five POTWs in the Watershed]. This would require sewer rates to approximately double. To some degree, the chloride discharge limits set by the BOARD have been driven by concerns about the quality of the groundwater used by the growers of certain crops in the area. Studies performed by the POTW operators concluded that the implementation of the proposed discharge limits would do little to address this problem. D. Postponed Hearing Date / February 4 Meeting with BOARD Staff Recently the BOARD announced that the hearing on the matter scheduled for February 28, was postponed to allow more time for input. Although the hearing date has been postpone, the date for the receipt of public input remains February 11. On February 4, BOARD staff met with a number of interested parties to discuss these matters. Councilmember Mikos and I were present at this meeting. At the end of the meeting there appeared to be a consensus agreement to establish a timeline and outline for the resolution of these matters in a manner acceptable to all. E. Resolution A number of the governing bodies for the POTWs in the watershed have adopted Resolutions requesting the BOARD to reevaluate the Chloride limits being considered. Attached as Exhibit 2 is a Resolution of the City Council expressing like concerns. STAFF RECOMMENDATION Adopt the attached Resolution and direct staff to forward a copy to the Los Angeles Regional Water Quality Control Board. Attachments: Exhibit 1: Background Information Exhibit 2: Resolution TMDL_0202 000002 EXHIBIT 1 February 4, 2002 Draft February 11, 2002 California Regional Water Quality Control Board, Los Angeles Region 320 W. 4`t' Street Los Angeles, CA 90013 Attn: Melinda Becker, TMDL Unit Chief Comments on Proposed Basin Plan Amendments for Chloride Water Quality Objectives and a Total Maximum Daily Load Plan for the Calleguas Creek Watershed, dated December 12, 2001. These comments are being submitted on behalf of the Water Resources/Water Quality Subcommittee of the Calleguas Creek Watershed Management Plan. After due consideration, the Subcommittee recommends that the Regional Board not adopt the proposed Basin Plan amendments. Adoption of the proposed amendments would be counter to the interests of the watershed (including agricultural interests) and the State, in that it would: 1. Adversely impact water supply, reclamation, and conservation efforts necessary to meet municipal and agricultural water needs within the watershed and is thereby inconsistent with existing State policies regarding droughts. 2. Undermine the Calleguas Creek Watershed Planning Program. 3. Result in appeals and litigation, which would impede productive efforts to protect sensitive agricultural uses. The deadline in the Consent Decree between US EPA and environmental groups is not a sound basis for taking action that would be contrary to both watershed and State interests. In lieu of adopting the proposed amendments, the Regional Board should provide the Calleguas Creek Watershed Management Plan group a reasonable amount of time to develop a comprehensive water resources management plan, including proposed TMDLs, to address chlorides and other 303(d)- listed constituents. This is consistent with the Regional Board's establishment of the Calleguas Creek Watershed as the model watershed management program for the Region. It is also consistent with the Watershed ' The Subcommittee discussed the proposed amendments at a special meeting held on May 5, 2002 and reached consensus on these comments. Debbie Smith, Subcommittee Co- chair, did not participate in the formulation of these comments because of her position as RWQCB Assistant Executive Officer. Nor should these comments be considered as representing her views. 000003 Melinda Becker, TMDL Unit Chief February 11, 2002 Page 2 of 3 Protection Approach principles set forth in the Basin Plan: "... all parties with a stake in the specific local situation should participate in the analysis of problems and the creation of solutions." (See Basin Plan page 4 -61.) Finally, it is consistent with State Board guidance: "A watershed group can develop a TMDL if the TMDL complies with applicable federal requirements." (See Appendix 6, Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California.) A collaborative stakeholder process would have several advantages over the approach used to develop the proposed amendments: (a) it would ensure that various perspectives are considered and discussed; (b) it would facilitate ultimate acceptance'of the amendments by interested parties (thereby avoiding counterproductive appeals and litigation); and (c) because of the collective knowledge of the stakeholders, it would result in a better end product. Of course, it is understood that, under the law, the Regional Board must retain the final decision making authority with respect to water quality objectives and TMDLs for the watershed. In the event the Regional Board decides to proceed with adoption of Chloride objectives and a Chloride TMDL for the Calleguas Creek watershed, the Regional Board staff first needs to work with stakeholders to resolve the numerous technical issues with the proposed amendments. These issues are identified in separate comments submitted by the Calleguas Municipal Water District. Moreover, prior to adopting the Basin Plan amendments, the Regional Board members need to give proper policy -level consideration to several significant policy issues currently embodied in the details of the proposed amendments. These include the following issues: 1. Should water quality objectives for chloride and other salts, which are directly connected to the Regional water supply and increase in concentration during droughts, remain the same or be relaxed during droughts? 2. Should water quality objectives and TMDLs in arid areas be based on consideration of water supply issues, including the potential impacts on water reclamation and water conservation? 3. Should water quality objectives less stringent than 150 mg /L be considered for surface waters that, as acknowledged in the Staff Reports, are not used for irrigation of salt - sensitive crops? 4. Should the Regional Board consider alternatives other than regulating in- stream quality for protecting the most sensitive crops during critical conditions, if the alternatives would provide equivalent protection at significantly lower cost. 5. Should the Regional Board adopt Chloride objectives and a TMDL that the Staff Reports acknowledge would require reverse osmosis for discharges to effluent Melinda Becker, TMDL Unit Chief February 11, 2002 Page 3 of 3 dependent water bodies (EDWs) and cost over $20 million per year, before the State Board adopts its EDW Policy? With specific respect to the fourth issue identified above, the watershed group has developed some potential ideas for addressing the needs of salt- sensitive crops that are both more effective and less costly than the approach employed in the proposed amendments. However, these ideas cannot be implemented unless the Regional Board is willing to exercise the discretion it has under the law. The Subcommittee thanks the Regional Board for consideration of these comments. Submitted on behalf of the Water Resources /Water Quality Subcommittee by: Donald R. Kendall, Subcommittee Co -Chair cc: Regional Board Members State Board Members Executive Committee, Calleguas Creek Watershed Management Plan Water Resources /Water Quality Subcommittee Members 000005 INFORMATION AND ISSUE PAPER REGARDING LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD'S PROPOSED TOTAL MAXIMUM DAILY LOAD (TMDL) FOR CHLORIDES AFFECTING THE VENTURA COUNTY WATERWORKS DISTRICT NO. I AND NEIGHBORING AGENCIES Ventura County Waterworks District No. I (District)._ Provides water and sanitation services to the City of Moorpark and surrounding areas. Our offices are located at 7150 Walnut Canyon Road, Moorpark, CA 93021, phone (805) 584 -4830. County Board of Supervisors are the Board of Directors of the District. Los Angeles Regional Water Quality Control Board: The Los Angeles Regional Water Quality Control Board (RWQCB) is the State Agency with a 9- member board who are appointed by the Governor (biographies link, attached). The Los Angeles Regional Board is one of nine Regional Boards statewide. These Boards are part of the California Environmental Protection Agency (CAL /EPA). Board members serve four -year terms once they are confirmed by the State Senate. Members of the Regional Board serve part -time and conduct the board's business at regular open meetings. Regional Board members represent various specific backgrounds or categories related to the control of water quality, and must reside in, or have a principal place of business within, the Region. For purposes of correspondence or contact, the Regional Board offices are located at: 320 W. 4th Street, Suite 200, Los Angeles, CA 90013 RWQCB staff conducts the day -to -day tasks associated with water quality issues and management. The staff currently numbers 158 and consists of public administrators, engineers, geologists, and biologists. Background on the TMDL: RWQCB has jurisdiction for water quality in the watersheds and drainages of Los Angeles and Ventura Counties. Triggered by failure to take steps in the development and implementation of the Total Maximum Daily Loads (TMDL's) for identified impaired water bodies under the Clean Water Act, the US -EPA was sued in Federal Court by several environmental activist organizations. This lawsuit resulted in a negotiated consent decree with the RWQCB, which now mandates that the RWQCB develop and implement complex TMDL's for various reaches of surface waters in Ventura and LA counties in an abbreviated period over the next twelve years. The TMDL process requires the RWQCB to: Chloride Information and Issues Page 2 Identify the Region's waters which do not comply with water quality standards applicable to such waters; Rank the impaired water bodies taking into account, among other criteria, the severity of the pollution and the uses made of such waters; and _ Establish TMDL's for those pollutants causing the impairments to ensure that impaired waters attain their beneficial uses. A Total Maximum Daily Load or TMDL can be defined as the sum of the individual waste load allocations (WLA's) for point sources of pollution, plus the load allocations (LA's) for non -point sources of pollution, plus the contribution from background sources of pollution. It can be expressed in terms of either "mass per time ", toxicity, concentration, a specific chemical, or other appropriate measure. Reason for Concern: This is important to the Ventura County Waterworks District No. 1 (District) because the District operates a wastewater collection and treatment system which must receive a National Pollution Discharge Elimination System permit from the RWQCB. Once a TMDL is set, the District's permit for discharge into that water body must incorporate effluent limits consistent with that TMDL. The RWQCB's proposed TMDL for chlorides will require adding micro - filtration equipment and expensive reverse osmosis (RO) treatment facilities to meet such a low level. This RO process is a heavy energy user. Considering the present energy shortage in California, this added water treatment processing step will cause significant new operating expenses to be incurred each year (not to mention the lack of an assured continued energy supply). The District is unaware of any other regulatory action in the United States that has required micro - filtration and RO treatment of wastewater to meet discharge requirements. On top these costs, in order to dispose of the byproduct removed by the RO (brine) a large diameter pipeline and subsequent ocean outfall (from each area treatment plant to an undetermined location) would also need to be designed, permitted, constructed and paid for. This proposed TMDL will require the expenditure of millions of dollars and the District's monthly wastewater service fees would at least double, resulting in considerable cost impacts and adverse economic repercussions on local businesses and the economy. Poor Science and No Real Benefit: The RWQCB has made a determination that the Calleguas Creek Watershed is "impaired" for chloride (commonly; sodium chloride or table salt). The definition of impairment is that the chloride concentration in the creek exceeds the objective for chloride set in the Water Quality Control Plan / Los Angeles Region (commonly called the "Basin Plan "). The resulting water quality is thus defined as "impaired" in its ability to support the Beneficial Uses listed for that 00000'7 Chloride Information and Issues Page 3 water body in the Basin Plan. It is important to note that the current objective for chloride listed in the Basin Plan is just over half of the limitation (also determined by the State) for safe drinking water. The RWQCB has also made a determination that chloride concentrations are increasing in some groundwater aquifers underlying our agricultural areas. The RWQCB has proposed a strategy of controlling chlorides based on the implementation of a TMDL in the Calleguas Creek Watershed. The proposal would cost hundreds of millions of dollars to eastern Ventura County ratepayers and yet fails to secure a solution to the chloride impairment. The quarter of a billion dollar investment resulting from this proposal would only serve to modestly postpone the escalating chloride levels in the region's groundwater basins. Historical Perspective: The proposal forwarded by the RWQCB is based on a number of uncertainties and will cause large -scale financial impacts for all the residents in the communities located in the Calleguas Creek watershed. These communities include Simi Valley, Thousand Oaks, Camarillo, the Camrosa Water District service area, and Ventura County Waterworks District No. 1 (Moorpark). The RWQCB has set the current unrealistic objective for chloride concentration in the Calleguas Creek at 150 parts per million (ppm). This objective was set more than 25 years ago. It did not, and does not now, reflect the naturally occurring high background chloride levels in the Conejo Valley or the Simi Valley areas. (The State Department of Health Services has a limit of 250 ppm for Drinking Water.) The naturally occurring background levels for chloride in groundwater in much of these Simi Valley and Conejo Valley aquifers are between 160 and 240 ppm. The Calleguas Municipal Water District began supplying imported drinking water to area water purveyors in the 1960s. This was motivated by the opportunity to secure a better quality and a more reliable supply than existed naturally. The wastewater treatment plants are owned and operated by public agencies with costs paid for by the associated ratepayers. These facilities treat and discharge municipal wastewater to the "receiving waters" of the Calleguas Creek watershed. These receiving waters are made up primarily of surfacing groundwater and runoff with higher chloride concentrations, and the wastewater discharged from the homes and businesses in our region is produced primarily from imported State Project water with lower chloride concentrations. The discharge from these treatment facilities actually reduces the chloride concentration of the receiving water downstream of these treatment plants. The Most Recent RWQCB Proposal: The staff of the RWQCB has proposed a TMDL plan that would require the treatment plants to reduce chlorides AS MEASURED in the creek or "receiving waters ". The proposal has outlined t•1.1•f•�:, Chloride Information and Issues Page 4 two chloride objectives depending on the monitoring location within the watershed. The proposal would require that the water in the Creek not exceed 150 ppm of chloride for the cities of Camarillo and Thousand Oaks and Camrosa Water District. A limit of 110 ppm of chloride is established for the cities of Simi Valley and Ventura County Waterworks District No. 1 (Moorpark). Water quality objectives set by the RWQCB in the Basin Plan are used to set the discharge limits for effluent waters discharged from wastewater treatment facilities. Herein lies the difference in the current proposal. Historically, if the discharge from a treatment facility met the discharge permit limits, the discharge would be in compliance. Under the proposal, treatment plant compliance would be determined by analysis of water in the Creek, as well as from the quality of the treatment plant effluent. If this TMDL is approved, the treatment plant becomes responsible for designing, financing, and constructing facilities or methods for diluting the naturally occurring chloride in the Creek by having to remove the chlorides in discharged wastewater. So What Is the RWQCB's Justification? The Basin Plan identifies certain "Beneficial Uses" for each of the area's water bodies. The Calleguas Creek/ Conejo Creek area identifies Agricultural Use and Groundwater Recharge as Beneficial Uses with a sensitivity to chloride. Some evidence suggests that avocado crop yields decrease as the levels increase to 190 mg /1. However, there is certainly conjecture about the impact of chlorides on avocado production. The RWQCB also points to the linkage between groundwater recharge from the creek (a listed Beneficial Use), the apparently increasing chloride concentrations in some Ventura County aquifers and the use of that pumped groundwater to irrigate chloride sensitive crops (e.g. avocados). The linkages implicit in the RWQCB's justifications are suspective. The TMDL process is a Federal Clean Water Act provision that only addresses "surface water" flowing in the creeks and not groundwater drawn from the farmer's wells. Once the water percolates below the surface level into the ground mixing with or altered by soluble subterranean materials or other constituents, it is not subject to the TMDL process. That being stated, some groundwater recharge does take place from water percolation in the creek bed. Studies indicate, this recharge is a nearly insignificant factor in the increasing chloride levels in area ground water aquifers. An extensive surface water /groundwater study of the Calleguas Creek/Conejo Creek watershed was conducted by the firm of Durbin and Associates. Several determinations were made based on the findings. The agriculture irrigation cycle is the dominant factor in increasing groundwater chloride concentrations. The engineering study and model developed from the study, prove that if treatment plants did not contribute ANY chloride to area receiving waters, the net impact would only delay the inevitable increase in groundwater chloride by a few years (Durbin/ 2001) over the next century. There is an insignificant benefit to the expenditure of hundreds of millions of dollars for implementing reverse osmosis treatment and subsequent brine disposal. Chloride Information and Issues Page 5 Why is this RWQCB Proposal Wrong? Severe Economic Issues and Impacts Cost / Benefit - The (State) Porter Cologne Water Quality Act requires the RWQCB to identify and consider a cost/ benefit analysis of imposing a new water quality objective and implementing a TMDL. This analysis needs to be broad enough to include the cost impacts of implementation for the logical and expected new treatment measures as well as other financial or economic impacts across the entire spectrum of affected businesses, residents or stakeholders. Those costs must be outweighed by the actual agricultural benefits realized by implementing the TMDL. Economic Justice - Under anticipated expenditures driven by this proposal, residential wastewater service charges would more than double and some cost estimates would require three to four fold rate increases. In treating chloride from wastewater, economic justice issues are also raised for business interests. An economic disparity would be forced on local businesses interests and their resident communities. The estimated doubling (or more) of wastewater service charges will impact only our local area. While the costs of providing wastewater collection and treatment increase dramatically in our immediate area, the same mandate is not being applied to coastal or other inland discharging communities in Ventura and Los Angeles Counties under the jurisdiction of the Regional Board. Consequently, the discernment process for new, expanding or relocating businesses in our local area becomes inhibited by the magnitude of wastewater related expenses and local trade is severely encumbered. Chloride control options - Aside from POTW regulatory controls, additional options are available to control or minimize perceived impacts from chloride on local agriculture. These are not being considered by the Board. Expansion of the tile drain system in the ag use areas, well -head treatment, blending of higher quality State Project water with local ag supplies, direct remediation of contaminated aquifers, and potable water treatment are among the options. It is important to note that recently enacted State law (SB 1006) also prohibits wastewater agencies from being able to restrict the discharge of brine to their systems from residential automatic regeneration water softeners, a significant source of treatment plant chloride loading. Uncertainties Regarding Discharging of Brine Due to Implementation of Chloride Controls Brine Discharge - The proposed chloride TMDL would require financing, construction and operation of micro - filtration and reverse osmosis treatment for most, if not all, of the effluent being treated at the District's wastewater treatment plant. There is currently no legal or reasonable means of discharging the resulting brine. 00000 Chloride Information and Issues Page 6 As noted, reverse osmosis treatment creates a brine concentrate. The volume of brine represents 10 to 20% of the water being treated. Water is a scarce and precious resource in Ventura County. The Moorpark Wastewater Treatment Plant (MWTP) currently treats and discharges about 2.2 million gallons of water per day (mgd). Construction is currently underway to reuse this valuable reclaimed water for golf course and landscape irrigation. The scheduled delivery of reclaimed water for reuse is July 2002, at which time about 1.5 mgd tertiary treated water will be reclaimed. Remaining treated wastewater is anticipated to be disposed of through on -site percolation /evaporation ponds. Brine Line - Construction of a large scale ocean outfall and large diameter pipeline over twenty to thirty miles would require an extensive environmental review with possible adverse impacts (e.g. discharge of a highly concentrated by- product of brine and other elements into a marine environment) property acquisition and condemnation costs, state/ federal permitting and the large multi jurisdictional agreements beyond the District's control. Public Policy Zero Discharge - In regard to the Board's efforts to protect these Beneficial Uses, the Board also needs to recognize that should treatment plants be forced to implement reverse osmosis treatment the treated effluent becomes too valuable a commodity to discharge into the watershed. The capital and operating expenses involved with reverse osmosis treatment would require POTW's (Publicly Owned Treatment Works) to attempt to offset any of those capital or operating expenses. Full reclamation would be the objective of all wastewater agencies. Full reclamation would clearly take the water out of the surface water channel. Consequently, the volume of "year around" water in the creek available for Agriculture Supply (AGR), Groundwater Recharge and the numerous other Beneficial Uses of these waters would be greatly diminished or lost. Energy Use - Proposed energy consumption to drive micro - filtration and aqueous phase separation (reverse osmosis) membranes are very high. The daily power consumption by each treatment plant would more than double. Energy to pump reverse osmosis concentrate to an ocean outfall would also increase energy consumption. Fully redundant back -up power generation capacity would also need to be provided on site. Implementation of the TMDL proposal serves only one concrete purpose. It puts the RWQCB in compliance with the Court's Consent Decree. It does so while providing only a symbolic support for the environment and agriculture. The result does not provide the human health benefit, agricultural benefit or the environment benefit the Board is attempting to achieve. Yet the residential, commercial and industrial ratepayers are severely punished and the area's valuable water, energy and financial resources are adversely impacted. 00001.1. Chloride Information and Issues Page 7 What Is the Solution? We believe the proposed chloride limit of 110 mg /1 to protect select agricultural crops will not benefit the farmer. Based on the literature available at the County Farm Bureau, as the chloride concentrations increase to 190 mg /1 the crop yield decreases. It is our understanding that there is approximately 5,000 AF of water pumped from the Las Posas basin, which is used for avocado irrigation. The farmers in the Oxnard Plain have developed irrigation practice to effectively deal with higher chloride concentrations in their water supply. We believe some of the following options are available for the farmers to deal with higher chloride concentrations in their local groundwater supply. The extent of salt accumulation in the soil depends on the concentration of salts in the irrigation water and the rate at which it is removed by leaching. An effective way to control salinity is by periodically applying more irrigation water than can be used by the plant thus leaching away excess salt from the plant's root zone to maintain a soil salt concentration at an appropriate level. The frequency of leaching depends on many factors including the amount of rainfall, quality of irrigation water, and type of crop. Where available, imported water could be used periodically to assist in leaching. In some instances, consideration should be given to providing treatment or changing to a less sensitive crop. Salinity is the single most important parameter in determining the suitability of water for agricultural irrigation. Total Dissolved Solids and Sodium Absorption ration determine the salinity of a water supply. Specific icon toxicity, which affects sensitive crops, is caused by Sodium (Na), Chloride (C1), Boron, and trace metals such as Cadmium, Chromium, Copper, Lead, Mercury, and Zinc. Therefore, chloride is not the only water quality problem for agriculture. There should be long -term plans to improve overall water quality so that the agriculture will sustain in Ventura County. Some of the options to improve water quality are: Provide imported water where there is impact to agriculture due to high salinity. Provide well head treatment. RWQCB is preparing to work on 58 more TMDL's for different water quality parameters. Currently, RWQCB has the option of proceeding with chloride TMDL and setting the limit at 190 mg /1, while other TMDL's are pursued by the RWQCB. Once a full impact of all TMDL process is known to the POTW's, a scientifically based solution could be implemented to provide benefit to the environment. Summary Ventura County Waterworks District No. 1 (District) is not anti - agriculture. The District is fully aware that high salt loading in irrigation water impacts the agriculture. However, the RWQCB proposed chloride TMDL does not benefit the farmers. 000012 Chloride Information and Issues Page 8 The District has never been opposed to improving water quality as long as there is a meaningful benefit without adversely impacting the rest of the environment. The District has a long history of investing in treatment upgrades and advancements to promote and improve water quality. The District is not being adversarial with the RWQCB to minimize or shortchange investment in our treatment facilities. The District is in the middle of a 5.0 mgd expansion to enhance the treatment capacity and effluent quality. The District is not opposed to the TMDL process. However, the District does believe that any TMDL must be based on sound science and exhibit a tangible, discernable benefit appropriate for the costs required. The District is also a willing partner in efforts to reduce the impact of chloride on our environment. However, municipal wastewater treatment was never designed to reduce chlorides and other dissolved solids. The proposed financial impacts are exorbitant. The benefits are nearly indiscernible, the RWQCB's chloride TMDL process is severely flawed. The end does not justify the means. What can you do? First of all, BE VOCAL. (i) It's important to let the RWQCB Board and their staff know how severe the impacts from this proposal are for you. (ii) You may want a Company representative to comment in person before the Regional Board at the Hearing when this issue will be addressed on February 28, 2002. (iii) The RWQCB is made up of gubernatorial appointees. Its important to let the Governor, your State and Local representatives know how important these issues are for you and the impact risk they pose to our region. 000013 Chloride Information and Issues Page 9 CONTACTS, ADDRESSES, AND ADDITIONAL, INFORMATION SOURCES FOLLOW: Los Angeles Regional Water Quality Control Board: (Comments received by 5PM on February 10, 2002, will be included in Board Packet) 11. David Nahai, Chair L. A. RWQCB 320 West 4'' Street, Suite 200 Los Angeles, CA 90013 Fax: 213/576 -6625 E -mail: Ig:41]ard@rb4swrcb.ca.gov The February 28 RWQCB Board Meeting will be held at the: Richard H. Chambers - U.S. Court of Appeals Building 125 S. Grand Avenue Pasadena, Ca beginning at 9:00 a.m. Governor's Office: Governor Gray Davis State Capitol Building Sacramento, CA 95814 Phone: 916 -445 -2841 Fax: 916 - 445 -4633 email: <governor @governor.ca.gov> State Senator: 19' District Senator Tom McClintock State Capitol, Room 3070 Sacramento, CA 95814 Phone: (916) 445 -8873 Fax: (916) 324 -7544 email: <senator.mcclintock@sen.ca.gov> Assembly District #37 Assemblyman Tony Strickland State Capitol, Room 4009 Sacramento, California 95814 Phone: (916) 319 -2037 email: < assemblymember .strickland @assembly.ca.gov Board Member's biographies are posted on its website: 000014 Chloride Information and Issues Page 10 http://www.swrcb.ca.gov/rwqcb4/litmi/board—nienibers.htmi The Los Angeles Board's TMDL plans are posted on its website: http: / /www. swrcb.ca. gov / rwgcb4 /html /meetings /tmdl /tmdl. html The EPA has general information about TMDL's on its website: http: // www .epa.gov /region09 /water /tmdl /. word /dist.l /siuchloride.mgsversion 1/21102ec 000015 EXHIBIT 0�2_ RESOLUTION NO. 2002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REQUESTING THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD TO ADOPT A MEANINGFUL AND REASONABLE WATER QUALITY OBJECTIVE AND TOTAL MAXIMUM DAILY LOAD (TMDL) FOR CHLORIDE IN THE CALLEGUAS CREEK WATERSHED WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ( RWQCB) is considering adoption of a new chloride objective based on Total Maximum Daily Load (TMDL) in certain reaches of the Calleguas Creek Watershed of Ventura County, which receives natural run -off and highly treated wastewater; and WHEREAS, in 1997, the RWQCB extended the interim 190 milligram per liter (mg /1) limit for chloride in the Calleguas Creek watershed and directed their staff to carefully determine the chloride concentration that would fully support the agricultural beneficial uses in the watershed; and WHEREAS, the collection and treatment of wastewater are necessary and unavoidable local governmental obligations, and wastewater collection and treatment systems must be operated pursuant to a National Discharge Pollution Elimination System permit, and Waste Discharge Requirements from the RWQCB and once a chloride objective and TMDL are set for the Calleguas Creek watershed, any such permit for discharge into that water body must incorporate effluent limits consistent with the new limits based on TMDL; and WHEREAS, the RWQCB's staff has proposed an unreasonably restrictive chloride objective of 110 mg /l for a portion of the Calleguas Creek watershed, in lieu of the present interim standard level of 190 mg /l; and WHEREAS, the establishment of a TMDL to implement chloride objective of 110 mg /l will require major expenditures totaling millions of dollars for capital facilities, requiring the adding of micro - filtration equipment and a reverse osmosis process (RO), the designing and construction of an extremely costly brine pipeline and ocean outfall, and also significantly increase the annual operating costs for the facility, all requiring the District's monthly wastewater service fees and connection charges to at least double, and all of this without any significant benefit to agriculture, human health or to the environment; and 00 () 0.x..6 Resolution No. 2002 - Page 2 WHEREAS, the RWQCB's staff has incorrectly, inadequately or failed to consider: 1. The economic impacts of this action on local employers, businesses and residents, and the State's overall competitive status and economic vitality, as required by State law; and 2. The present energy shortage in California, as the reverse osmosis process is a heavy energy user, and the resulting impacts on air quality caused by generating such extra energy; and 3. The naturally occurring high background chloride levels in the receiving waters of Conejo Valley or the Simi Valley areas with chlorides at between 160 and 240 mg /l and increased chlorides from State Water Project water delivered to the area and State mandates allowing self- regenerative water softeners; and 4. Uncertainty and conjecture of the alleged evidence suggesting that avocado trees are subject to "leaf -tip burn" with possible reduced avocado production from irrigation water with chloride ranges of between 100 and 170 mg /l; and S. The questionable linkages between surface waters in the creeks and groundwater recharge from the creek, and the relationship with the increasing chloride concentrations in some Ventura County aquifers and the use of that pumped groundwater to irrigate chloride sensitive crops (e.g. avocados). WHEREAS, this proposed TMDL, if enacted, will be an arbitrary act, not based on an appropriate Water Quality Objective, resulting in costly wastewater technologies that have not been required anywhere else in the United States in a similar situation, while having no effect on improving regional water quality, due to continuing groundwater contamination in the area; and WHEREAS, the Regional Board's proposal preempts the Calleguas Creek Watershed Management Plan process previously endorsed by the RWQCB as a multi - stakeholder approach to improving regional water quality. 000017 Resolution No. 2002 - Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. This Council supports a Basin Plan amendment to revise the water quality objective for chloride that is reasonable and based on actual historic and current beneficial uses of the surface water in the Calleguas Creek Watershed; SECTION 2. That this Council strongly opposes the adoption of the unreasonable and overly restrictive chloride TMDL as currently proposed by RWQCB staff; SECTION 3. That RWQCB instead consider viable and better alternatives to meet water quality objectives in the watershed, or which have a genuine and meaningful impact on reducing chloride in the groundwater used by agricultural customers; SECTION 4. That the RWQCB perform an adequate California Environmental Quality Act (CEQA) analysis evaluating environmental impacts associated with implementation of the proposal before considering the proposed amendments to the Basin Plan; SECTION 5. That the RWQCB extend the current limit of 190 mg /l, pending these needed further studies of alternatives and /or the full environmental and economic impacts of the proposed TMDL; and SECTION 6. That the RWQCB support the multi- stakeholder Calleguas Creek Watershed planning process for aiding in setting a reasonable TMDL and for improving water quality throughout the watershed. SECTION 7. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 6th day of February, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000018