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HomeMy WebLinkAboutRES CC 2002 1936 2002 0206RESOLUTION NO. 2002 -1936 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 /1 for a portion of the Calleguas Creek watershed, in lieu of the present interim standard level of 190 mg /1; and WHEREAS, the establishment of a TMDL to implement a 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 wastewater service fees and connection charges paid by local businesses and residences to at least double, and all of this without any significant benefit to agriculture, human health or to the environment; and Resolution No. 2002 -1936 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 /1 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. Resolution No. 2002 -1936 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 S. 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 resolution in the book of The City Clerk shall certify to the and shall cause a certified resolution original Resolution PASSED AND ADOPTED this 6th da ATTEST: S' _T ZP Deborah S. Traffenstedt, City Cler adoption of to be filed Resolution No. 2002 -1936 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2002 -1936 was adopted by the City Council of the City of Moorpark at a special meeting held on the 6th day of February, 2002, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Wozniak WITNESS my hand and the official seal of said City this 8th day of February, 2002. Deborah S. Traffenste t, City Clerk (seal)