Regional Water Board Cites 38 ‘Commercial Dischargers’ in Central Malibu for Violations

• List Is Veritable Who’s-Who of Local Businesses and Public Facilities

BY ANNE SOBLE

If there was any doubt about the seriousness of the state’s current review of water quality issues in the Civic Center and east Malibu, that doubt should now have been dispelled.
The Regional Water Quality Control Board for the Los Angeles region, which is responsible for the oversight of large local wastewater facilities, issued 19 Notices of Violation, or NOVs, many for missing self-monitoring reports, and 19 so-called 13260 directives, or notices to obtain permits within 90 days, to many of Malibu’s major commercial enterprises and an array of public facilities, ranging from a church to a public school.
The Water Board’s announcement was a vivid reminder that the community’s wastewater management practices are under intense government scrutiny. The complete list of citations (as of April 28) is printed on page 18 of this week’s issue. The agency indicates that additional citations should be expected.
The board’s action is a byproduct of ongoing staff study of the state of the community’s wastewater management prior to possible state consideration of whether to prohibit further use of septic tanks and require major upgrades of current units, which in addition to the cost, could facilitate increased development in Malibu.
Tracy Esgocue, the executive officer of the Los Angeles Regional Water Quality Control Board told the Malibu Surfside News, “The Regional Board is committed to protecting human health and the environment. It looks forward to working cooperatively and productively with Malibu facilities to achieve compliance with clean water statutes and to reduce the threat wastewater poses for those who visit Surfrider and other area beaches.”
As opposed to litigation recently filed against the City of Malibu by Santa Monica Baykeeper, the RWQCB citation blitz is directed against the individual “violators” who are required by law to meet the agency’s requirements.
The citations were announced a week before the City of Malibu hosts a symposium on water quality that includes the RWQCB as a participant.
Even more ironic, Malibu City Hall is located in a complex whose owner, Miramar Properties, has been sent an NOV for non-filing of mandatory monitoring reports.
City Manager Jim Thorsen acknowledged the citation and said, “The city believes that it is important to submit quarterly and annual water quality reports to the RWQCB. We support the [Regional Board] in their efforts to seek and obtain these reports from the property owner so that compliance is obtained with their RWQCB issued permit.”
Regarding the rest of the citation list, Thorsen said, “The NOVs and directives are for RWCQB issued permits, and we are supportive of their efforts to gain compliance with their permits.”
The city manager added that “this will not affect the water symposium to be held this Thursday and we are excited to host such an important event. We continue to look forward to the RWQCB participation in the symposium, along with federal, state and county representatives, and several scientific experts involved with water quality issues.”
On the overall municipal wastewater management program, Thorsen said, “The City of Malibu is still moving forward with our $2.6M commitment for completing final plans and an EIR for a centralized wastewater treatment system in the Civic Center.”
However, at the crux of the environmental groups’ legal challenges to the city is the premise that this wastewater treatment system not only has not been designed, it also has no dedicated location.
On the other aspect of the water quality front, the city is facing stormwater and urban runoff violations as a permittee on the Los Angeles County Municipal Separate Storm Sewer System Permit, dubbed LA MS4, under which Malibu and other cities are cited by violation locations.
Although its overall potential efficacy is not without its critics, the city hopes that the still incomplete Legacy Park Project will result in major stormwater pollution reduction in the ocean offshore central Malibu.
CITATIONS
Many of the Regional Water Board alleged violations have to do with non-filing of monitoring reports, but excessive coliform counts and other bacterial issues were also reported by RWQCB staff.
In addition to the office complex housing the city, three of the community’s major shopping centers were issued NOVs: Malibu Colony Plaza, Malibu Creek Plaza and the Malibu Country Mart. The latter has recently undertaken a major overhaul of its wastewater system.
Again, alleged violations include failure to submit reports, providing incomplete reports, as well as unresolved water quality issues and non-permitted system alterations.
Hughes Research Labs was issued an NOV, as was the Serra Retreat Center. Our Lady of Malibu Church and Webster Elementary School received 13260 directives.
The Malibu Beach Inn and Malibu Shores Motel both received NOVs. Casa Malibu received a 13260 directive.
Local food establishments on the list include the former Allegria Restaurant and Kentucky Fried Chicken, both of which were 13260’d; and Jack in the Box, which received an NOV.
Not surprisingly, given its focus as a pollution recipient, Surfrider Beach itself is on the list with an NOV.
All 13260s must initiate the permit application process and, within 90 days, provide information on the design, construction, operation, and groundwater and surface water impacts of their on-site wastewater disposal systems.
One state agency observer, a supporter of cracking down hard on Malibu, said it’s not clear whether Regional Water could have staggered the posting of the citations on its Web site, or decided to aggregate them for dramatic effect.
If the goal was drama, it was accomplished, as the dozens of businesses and facilities cited now realize they are directly in the agency’s sights.
Copies of individual alleged violations and the RWQCB requirements to remedy them that are included in letters sent to each discharger are posted at: http://www.waterboards.ca.gov/losangeles/water_issues/programs/enforcement/