Item 14.2 - Consideration of Amending Position of City re Adoption of Metro Sewer Decree
AGENDA REPORT
CITY OF POW A Y
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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:
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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)
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OCT :\111990 ITEM 14;.:1..
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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
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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
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!6<Xl PAcn,'IC HIGHWAY. SAN DIEGO, CALIFORNIA 92101 . (619) :;31-:;)++
Supervisor Leon Williams
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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, /
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,y~:;:~~~~
~~~~n\f1LLIA;~V
Chairman
Board of Supervisors
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cc: Department of Public Works (0332)
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