Environmental Group Says Legacy Park Plans
Won’t Work
• Baykeeper Contends Building
Moratorium Should Be Implemented for Civic Center
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
onsite 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.
