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.
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September 15, 2011
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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
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September 15, 2011
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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.