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Item 14.2 - Consideration of Amending Position of City re Adoption of Metro Sewer Decree AGENDA REPORT CITY OF POW A Y - {( TO: FROM: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ October 30, 1990 DATE: SUBJECT: Consideration of Amending the Position of the City of poway Regarding the Adoption of the Metro Sewer Partial Consent Decree BACKGROUND: In April, 1990, the City of San Diego and the Federal Environmental Protection Agency concluded negotiations with regard to violations of the Clean Water Act. The resulting document, a Consent Decree, was filed with the Federal Court for a period of time in order to permit public review prior to a final order being issued by Judge Rudi M. Brewster. Since the time of the filing of the Consent Decree with the Court, Judge Brewster has decided that he would consider testimony as to whether the Court had sufficient latitude to look at alternative solutions to the upgrade of the Point Loma wastewater treatment facility from advanced primary to secondary standards. On November 1, 1990, Judge Brewster will conduct a hearing with respect to the Consent Decree and the related standards issue. FINDINGS: Attached is a copy of a letter from Leon Williams, Chairman of the San Diego County Board of Supervisors, who is requesting that the city of poway concur with the County position that Judge Brewster not approve the Consent Decree. The County's position is that the Point Loma upgrade issue should be resolved before anything else is done. The major problem with the County's position is that unless the City of San Diego receives a waiver for not meeting discharge requirements or the Clean Water Act is amended to lower discharge requirements, they are still in violation of the Act. r ACTION: l 1 of 4 OCT :111 1390 IT E M lCl.~ Agenda Report Consideration of Amending the City of Poway's position Re: Adoption of Metro Sewer Partial Consent Decree October 30, 1990 Page 2 Therefore, it is still critical that work proceed as called for under the Consent Decree and at the same time take advantage of Judge Brewster's interest in hearing testimony on environmental and scientific data regarding the necessity for upgrading the Point Loma wastewater treatment facility to secondary standards. RECOMMENDATION: It is recommended that the City of Poway's position of support for the Consent Decree be amended. This amendment would suggest that the City Council shares concern about the necessity for secondary treatment at Point Loma and would support Judge Brewster's interest in hearing testimony based upon environmental and scientific data as it pertains to this issue. However, the programs to be instituted as required by the Consent Decree should not be held in abeyance until this secondary treatment matter is resolved. JLB:cb Attachment: Letter from Leon Williams, Chairman/San Diego County Board of Supervisors dated 10/26/90 (CB - C:\WP51\RPT\SEWERI.JLB) 2 of 4 OCT :\111990 ITEM 14;.:1.. . ", , '\ , . -" NATIONAL & STATE BOARDS, NATIONAL ASSOCIATION OF COUNTIES COUNTY SCPERVISORS ASSOCIATION OF CALIFORNIA SOUTHER~ CALIFORNIA H.~ZARDOUS WASTE MANAGEMENT AUTHORITY REGIONAL BOARDS: r.,.lETROPOLlTAN TRA)\;SIT DEVI'LOP~lE:-.IT BO,\RD SA~ DIEGO WATER AUTHORITY W\lER RECLA\1.-\T10:'-J ADVISOKY CO!\.l\lITTEE REGIO(\;AL TASK FORCE 0:-.1 THE HOMELESS CITY / C()(.T~TY REI;\,VEST!\.lENT TASK FURCE PR[V~TE hDUSTRY COUi\'CIL REGIONAL E\!PLOYMENT TRAL"l:\G CONSORTIUM POLK."Y BOARD SERVICE Al'THORITY FOR FREEW..\y E\lERGESCIES 3 of 4 //~ Lk-&~ SAN DIEGO COUNTY BOARD OF SUPERVISORS LEON L. WILLIAMS, CHAIRMAN October 26, 1990 Don Higginson, Mayor City of Poway P. O. Box 789 Poway, CA 92064 Dear Mayor Higginson: Your agency is aware that on Thursday, November 1, 1990 Judge Rudi Brewster will conduct a hearing in his federal courtroom to consider final adoption of the Metro Sewer Partial Consent Decree. This document would define secondary treatment and water reclamation facilities to be built and a rigorous time line for their implementation. Additionally, Judge Brewster will hear testimony on his authority to delay adoption of the decree and to allow an evidential hearing on the cost implications to ratepayers of biological secondary treatment and alternative methods of secondary treatment. The County Board of Supervisors will take the position at that hearing that the Consent Decree should not be approved and that the court should allow a new hearing to consider testimony on secondary treatment alternatives and their costs. Additionally, our Board is most concerned that the approval of the Consent Decree at this time will obligate not only the City of San Diego but all other agencies contributing flow to the Metro Sewerage System to significant new rate increases. This action constitutes a violation of the concept of taxation without representation. ATTACHMENT OCT :1 n 1990 IT E M 14,.;( !6<Xl PAcn,'IC HIGHWAY. SAN DIEGO, CALIFORNIA 92101 . (619) :;31-:;)++ Supervisor Leon Williams -2- October 26, 1990 The County Board of Supervisors solicits your support of our position and requests that you communicate your agencies' views to Judge Brewster either before or on November 1. Since~y, / / / /......-, ;;/. , ' ,.-- - ~/ / /. / ,y~:;:~~~~ ~~~~n\f1LLIA;~V Chairman Board of Supervisors /' / cc: Department of Public Works (0332) 4 of 4 OCT :l n 1990 I T EM 1 u.:;J.