Loading...
HomeMy WebLinkAbout07.a.5) (Handout)� Nai�dou�� Board Meeting of September 15, 2011 Additional Written Announcements: Legislation /Regulatory Issues c) Pension Reform Measures AB 340 and SB 27 The two significant pension reform measures, AB 340 and SB 27, were held over as "two year" bills in their respective houses last week. The two bills each contained provisions that would limit retired employees from returning to work within 180 days after retirement, as well as addressing other issues such as "spiking." Both bills had passed through the legislature with bi- partisan support, and were expected to make it to the Governor's desk. However, with just days left in the Session, Governor Brown requested that the two retirement related measures, as well as other pension reform measures, be tabled until next year in order to integrate them into his 2012 pension reform package. Accordingly, both measures were stripped of their original contents and amended to only reflect that they are intended to be discussed in a special conference committee on pension reform at a later time. At this time it is unknown whether the Governor will call a "Special Session" of the Legislature.to deal with pension reform and other issues, or if he will wait until January and introduce a pension reform package. d) Environmental Protection Agency Denies National Association of Clean Water Agencies Administrative Requests on the Final 129 Sewer Sludge Incinerator Rule The National Association of Clean Water Agencies ( NACWA) filed two administrative requests with the US Environmental Protection Agency ( USEPA) in regards to the final 129 Sewage Sludge Incinerator (SSI) rule. The first was to re -open the final 129 SSI rule for additional public comment based on possible deficiencies in the rule development process. The second was to grant an administrative stay until litigation regarding the 129 SSI rule is completed.' USEPA denied the bulk of the deficiencies request and the stay request. While NACWA is disappointed that EPA chose not to grant reconsideration of all elements of the final SSI rule, the USEPA decisions were not unexpected. Additional Written Announcements September 15, 2011 Page 2 of 3 NACWA has formed a Sewage Sludge Incineration Advocacy Coalition (SSIAC) to finance legislative and legal challenges to the final SSI rule. The coalition is made up of NACWA member agencies and other clean water utilities that operate SSIs. The District is a participating member in the coalition. Early next week NACWA will be filing, with the U.S. Court of Appeals for the District of Columbia Circuit, a request for a judicial stay of the SSI rule asking the court to put implementation of the rule on hold until such time as the court reviews the merits of NACWA's lawsuit challenging the regulation. In addition, NACWA has meetings scheduled with key Congressional offices to secure congressional action that will overturn the SSI rule based on flawed data and a lack of understanding of SSI unit operation or biosolids management practices in general. NACWA is mounting a comprehensive legal effort to seek changes to the USEPA final SSI rule. However, the rule has been finalized and will remain in effect until a court rules otherwise. e) State Water Resources Control Board Raising Rates The State Water Resources Control Board (SWRCB) plans to adopt new regulatory program fees at its September 19, 2011 meeting. The proposed rates would raise the flow based fee by 61 %. The fee increases are the result, in part, of the State Legislature's decision to shift tens of millions of dollars of previously General Fund supported basin planning and Total Maximum Daily Load programs to fee support. . The amount that the District budgeted for the National Pollutant Discharge Elimination System ( NPDES) permit fees for FY2011 -12 was $130,000. With the proposed fee increase, the anticipated expenditure for NPDES permit fees will be $185,000. Compliance Issue f) St. Mary's College Non - Compliance Issues St. Mary's College in Moraga has experienced several years of significant patterns of non - compliance involving violations of the Town of Moraga's stormwater management ordinance. The issues revolve primarily around poor stormwater management facilities and practices in the dumpster area adjacent to their cafeteria. After an extended period of trying to work with St. Mary's College to address these violations, the District completed in March 2011 an Enforcement Chronology for this pattern of non - compliance and forwarded it to the Town of Moraga. This document is used to inform the Town of Moraga that the case has become egregious enough to draw the attention of the District Attorney or the Regional Water Quality Control Board and that formal enforcement action should Additional Written Announcements September 15, 2011 Page 3 of 3 be considered. The Town of Moraga did meet with District staff to discuss options to proceed with formal enforcement against St. Mary's College but no formal action has been initiated to date. On Friday, September 9, 2011, the District received a letter from the Contra Costa County District Attorney's Office (DA) requesting copies of any inspection reports and other documentation related to stormwater violations at St. Mary's College. District staff contacted Town of Moraga staff to inform them of this inquiry. District staff does not know why the DA has chosen to investigate stormwater management at St. Mary's College. The District provided the requested information to the Deputy DA earlier this week as part of our standard practice to respond to such inquiries and a copy was provided to the City. The District will assist the DA's completion of the formal enforcement action by preparing supporting documents and attending negotiation meetings when requested, since our Environmental Compliance Inspectors were responsible for inspections and field enforcement actions involved with the case.