Environmental Group Says Legacy Park Plans Won’t Work

• Baykeeper Contends Building Moratorium Should Be Implemented for Civic Center

BY BILL KOENEKER

A letter circulated by the Santa Monica Baykeeper might reveal some of the issues that are being haggled over in negotiations that are reportedly now under way between the City of Malibu and the environmental organization.
The Baykeeper, along with the Natural Resources Defense Council, has proposed filing a citizen enforcement action in federal court for purported violations of the Clean Water Act.
Baykeeper officials insist the plans for Legacy Park and the Civic Center to handle water quality objectives, including wastewater and stormwater runoff, simply will not work.
They also insist that a building moratorium should be established in the Civic Center, Colony and Serra Retreat areas until a wastewater plan is fully operational.
The Malibu City Council recently, without comment or discussion, rejected a claim served on the city that alleges violations of the federal Clean Water Act.
The letter that was obtained by the Malibu Surfside News outlined what the Baykeeper wants the city to do.
“We believe the proposed capacity for both the treatment plant and treatment wetland will not be adequate to meet existing and future water quality objectives,” states the letter.
The Baykeeper communication notes that the most important aspect of the plans for both stormwater and wastewater is the facilities provide enough on-site storage to deal with rain events that can occur during winter months.
Both of the systems’ storage should be large enough to ensure water reuse in the Civic Center so none of the recycled water finds its way into the Malibu lagoon or creek.
“During times of frequently recurring rain events, the treatment systems’ capacity will be severely diminished, necessitating both wastewater and stormwater to be held onsite. Additionally, we strongly urge the city to acquire more property to ensure adequate areas for dispersal of the wastewater and stormwater from the plant and wetland,” the letter goes on to state.
Some municipal officials expressed surprise when Baykeeper and the NRDC announced intentions to take the city to court over the issue, since the pair had been working with the city and, at times, had endorsed different aspects of the city’s plans.
Municipal officials during the recent media exposure about the lawsuit have taken pains to note that neither agency had actually served the city.
There has been some speculation that the disagreements between the city and the two environmental groups went public and with the threat of litigation is being used as a negotiating stick to force the city to into some agreement that would be more closely aligned with the groups’ vision.
The letter states the proposed wastewater treatment system for the Civic Center area is “significantly” undersized. “We believe this capacity is completely inadequate to meet existing and future water quality objectives in the Malibu creek and lagoon…it makes certain assumptions about the number of and types of water intensive uses that may or may not be true and it does not account for future expansion of commercial facilities,” the letter goes on to state.
The Baykeeper letter also points a finger at Serra Retreat and the Colony residential areas, saying they are “extremely concerned” that there would be any lack of requirement for those residents to connect their septic systems to a new treatment plant. “This is especially disconcerting in view of the identified water quality groundwater issues in Serra Retreat and the Colony area,” the letter notes.
The city must also acquire property, according to the groups, in the Civic Center area to ensure proper dispersal, at least 10 acres. The group did not mention the expense, however 10 acres in the Civic Center would cost the city anywhere from $20 to possibly $30 million.
Additionally, the city should rely heavily on recycled water, meaning the municipality should require double plumbing on all new and existing commercial properties in the area.
Baykeeper officials insist if all of those measures are not taken then discharges will occur, causing the possibility of additional flows into the lagoon, which could impact water quality standards at Surfrider Beach. “This highlights the need for additional dispersal area and increased storage capacity in the Civic Center,” the letter concludes.
Other concerns expressed by the letter include groundwater contamination because of the effluent being dispersed in the ground, which is just feet away from groundwater levels.
“This problem underscores the importance of creating enough extra capacity for storage and dispersal in the treatment plant and the need for dual plumbing to minimize the amounts of treated runoff that will be applied to the landscape and will in all likelihood infiltrate into shallow groundwater that connects to the lagoon/ocean,” the letter further asserts.