HomeMy WebLinkAboutAG RPTS 2002 0206 CC SPCCT
Next Resolution No.: 2002 -1936
NOTICE AND CALL OF A
SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF MOORPARK
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MOORPARK:
NOTICE IS HEREBY GIVEN that a Special Meeting of the City
Council of the City of Moorpark is hereby called to be held on
Wednesday, February 6, 2002, commencing at 5:45 p.m. Said meeting
will convene in the Community Center located at 799 Moorpark
Avenue, Moorpark, California. Said Special Meeting shall be for the
purpose of considering the following:
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Requesting Los Angeles Regional Water
Quality Control Board to Adopt a Meaningful and
Reasonable Water Quality Objectives and Total Maximum
Daily Load (TMDL) for Chloride in the Calleguas Creek
Watershed. Staff Recommendation: Adopt Resolution No.
2002- , and direct staff to forward a copy to the
Los Angeles Regional Water Quality Control Board.
5. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
SPECIAL MEETING NOTICE - Moorpark City Council
February 6, 2002 - Page 2
5. CLOSED SESSION: (continued)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark and City Council of the City of Moorpark (Case
No. SCO21825)
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark and City Council of the City of Moorpark (Case
No. SCO22256)
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 203 E. Los Angeles Ave., Moorpark, CA 93021 and
213 E. Los Angeles Ave., Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Wayne
Colmer
Under Negotiation: Price and terms of payment
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Director of Administrative
Services, Director of Community Development, Director of
Community Services, and Director of Public Works.
G. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
H. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager, Director
of Administrative Services, ATCM /City Clerk, Director of
Community Development, Director of Community Services,
Director of Public Works, Finance /Accounting Manager,
Accountant I, Information Systems Supervisor, Planning
Manager, Principal Planner, Recreation Superintendent,
and Senior Management Analyst.
SPECIAL MEETING NOTICE - Moorpark City Council
February 6, 2002 - Page 3
6. ADJOURNMENT:
Dated: February 5, 2002.
Deborah S. Traffenstedt, City Clerk
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Any member of the public may address the Council during the Public Comments
portion of the Agenda, unless it is a Public Hearing or a
Presentation /Action /Discussion item. Speakers who wish to address the Council
concerning a Public Hearing or Presentation/ Action /Discussion item must do so
during the Public Hearing or Presentation /Action /Discussion portion of the Agenda
for that item. Speaker cards must be received by the City Clerk for Public
Comment prior to the beginning of the Public Comments portion of the meeting and
for Presentation /Action /Discussion items prior to the beginning of the first item
of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for
a Public Hearing must be received prior to the beginning of the Public Hearing.
A limitation of three minutes shall be imposed upon each Public Comment and
Presentation /Action /Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement
Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Copies of each item of business on the
agenda are on file in the office of the City Clerk and are available for public
review. Any questions concerning any agenda item may be directed to the City
Clerk at 517 -6223.
In compliance with the Americans with Disabilities Act, if you need assistance
to participate in this meeting, please contact the City Clerk's Department at
(805) 517 -6223. (28 CFR 35.102 - 35.104 ADA Title II)
ITEM 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.
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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.
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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:
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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