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HomeMy WebLinkAbout2002-09-24 - AGENDA REPORTS - CHLORIDE LETTER RWQCB (2)CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: Jeffrey Lambert CONSENT CALENDAR DATE: September 24, 2002 SUBJECT: APPROVE AND SIGN ENCLOSED COMMENT LETTER FROM THE CITY OF SANTA CLARITA TO THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD ON THE DRAFT TOTAL MAXIMUM DAILY LOAD FOR CHLORIDE IN THE UPPER SANTA CLARA RIVER DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council to approve and Mayor to sign the attached comment letter. Staff further recommends that the City Council authorize staff to encourage local water districts, school districts, legislators, the Chamber of Commerce and the Valencia Industrial Association and other stakeholders to provide written comments to the California Regional Water Quality Control Board (RWQCB) prior to October 71h, or to attend the Regional Water Quality Control Board meeting on October 241h and provide verbal testimony. BACKGROUND The RWQCB has proposed chloride limits in the Santa Clara River to protect agricultural beneficial uses (i.e. avocado and strawberry farmers who divert the Santa Clara River waters to irrigate their crops) through the Draft Chloride Total Maximum Daily Load (TMDL). This TMDL most seriously affects the Valencia and Saugus Water Reclamation Plants. The TMDL proposes the following: • Retaining the 100 mg/1 limit currently in the Basin Plan with an interim limit between 187 mg/1 and 218 mg/1 while studies are performed. These interim limits are based solely on the past performance of the water reclamation plants. • The interim limits have been paired with requirements to provide alternative water supplies to farmers if the Santa Clara River water quality exceeds the 100 mg/1 where the surface waters are diverted for irrigation. • Four years of studying the impacts to crops and chloride sources, water softener bans, and public outreach with a potential reevaluation of the limits after the studies and results of the bans and public outreach have been analyzed. • If the water quality situation dictates further chloride reduction, the TMDL requires the planning, design and construction of advanced treatment facilities (i.e. reverse Agenda Item: osmosis and brine line to the Pacific Ocean), which, if required, would begin around 2009. The attached letter makes the following comments regarding the TMDL. • The numeric limit should be 230 mg/1 for the chloride TMDL to ensure aquatic life is not harmed until it has been scientifically proven that avocado crops downstream are being negatively impacted. • The "If Applicable" and other optional re -opener language throughout the document shall be removed and replaced with definite language that the limits will be re- evaluated after the studies have been completed and results analyzed in year four. • If an alternative water supply is required, and approved by the EPA, the City requests a reasonable trigger and clear guidelines for the recipients for that requirement. • A drought relief policy should be included in the TMDL, as imported water utilized in drought years has high chloride levels, and these levels persist for years as stored waters in reservoirs are utilized. • Include an analysis of the increased costs to businesses when they must remove self - regenerating water softeners and pay higher sewage rates. The City's main concern in the comment letter is that the RWQCB should focus this and all TMDLs on verifiable science that is driven by water quality impacts and data rather than on actions that are driven by political pressures and lawsuits. ALTERNATIVE ACTIONS Other action as determined by the Council. FISCAL IMPACT There is no fiscal impact associated with approving this agenda report item. A future fiscal impact of the proposed chloride TMDL is a potential four or five -fold increase in residential (sewer) fees that has been discussed and is based on the construction of reverse/osmosis brine line from Santa Clarita to Ventura. This would also impact sewer fees for City facilities. This is a worst case scenario and, if required, would begin planning stages around 2009. ATTACHMENTS Comment Letter JS:HLM:lep PBS\EN VSRV CS\Heather\Water\TMDLs\chlorideagenda. doc City of Santa Clarita 23920 Valencia Blvd. Phone Suite 300 (661) 259-2489 Santa Clarita Fax California 91355-2196 (661) 259-8125 Website: www.santa-clarita.com September 24, 2002 Dennis Dickerson, Executive Director California Regional Water Quality Control Board Los Angeles Region 320 West 4th Street Los Angeles CA 90013 Subject: Comment Letter on RWQCB Draft Upper Santa Clara River Chloride Total Maximum Daily Load (TMDL) Dear Mr. Dickerson: This letter is to comment on the California Regional Water Quality Control Board (RWQCB) Draft Upper Santa Clara River Chloride Total Maximum Daily Load (TMDL). Firstly, the City of Santa Clarita (City) would like to thank the RWQCB for extending the timeline in the TMDL to 14 years and providing interim, and more reasonable, chloride limits. Also, thank you for providing a four year study period to evaluate the proper chloride threshold to protect beneficial uses. The public workshop in our community on August 1, 2002 was also appreciated. I hope that the spirit of scientific study and communication will continue on this issue. Despite the changes made to the TMDL, the worst case scenario for the TMDL would still result in a 400% increase of sewage treatment rates for our residents, and our businesses could be impacted by even more than that 400%. Therefore, the City provides the following comments to assist the RWQCB to produce a chloride TMDL based on verifiable science that is driven by water quality impacts and that is economically feasible for the residents and businesses who are ultimately being required to pay for its implementation. Impact of Chlorides on Agricultural Supply Beneficial Use The City encourages the RWQCB to update the Basin Plan and the TMDL to reflect a numeric limit of 230 mg/1 for the chloride TMDL. This limit will ensure aquatic life is not harmed until it has been scientifically proven that avocado crops downstream are being negatively impacted by the chloride levels discharged at the Valencia and Saugus Water Reclamation Plants. The 230 mg/1 limit should be in place until the Tasks I through IV are completed. The reason for the request is that avocado production in Ventura County has not been proven to be affected by the chloride levels currently being discharged from the Saugus and Valencia Water Reclamation Plants: • The Summary of County Agricultural Commissioners Reports, published in 2001 by the California Agriculture Statistics Service, reported that the tons per acre of avocados has increased from 1.83 in 1990-1 crop year to 2.73 in the 1999-00 crop year. PRINTED ON RECYCLED PAPER Dennis Dickerson, Executive Director California Regional Water Quality Control Board September 24, 2002 Page 2 • Up to 30% of all avocados grown in California are grown in Ventura County. • These figures cover periods where the discharge limits in the Santa Clara River were as high as 190 mg/1. While research may suggest that chloride concentrations above 100-120 mg/l may cause leaf -tip burn in avocados and reduce crop yield, the current yields of avocados does not appear to support the conclusions of this research. Formal Re -Opener and Site Specific Objective Issues The TMDL should be re-evaluated through a formal re -opener of the TMDL after the scientifically based studies of the impairments, modeling and the results of the water softener ban have been considered. The City is concerned about the following: • The inclusion of "If Applicable" on the Figure 10 Implementation Schedule for tasks V, VI, VII and VIII seem to indicate a re -opener is optional and it should not be. • In addition, the "If Applicable" statements in the headings on pages 40 — 43 also connote an optional re -opener. • We request that "If Applicable" and all other optional re -opener language throughout the document be removed and replaced with definite language that the limits will be re-evaluated after the studies have been completed and results analyzed. The evaluation of the year four studies will be based on verifiable, scientific studies for protecting the agricultural beneficial use in the Santa Clara River. The results of the studies should be reviewed and taken action on by the RWQCB, not just RWQCB staff. The City believes that public review of these studies before the RWQCB is applicable and necessary so the RWQCB may make an informed decision on chloride limits in the Santa Clara River. The Regional Water Quality Control Board should offer a strong commitment to consider a site specific objective a viable option (rather than identify a TMDL limit that affects all areas of the Santa Clara River). The intent of offering the alternative water supply as an option in the chloride TMDL was to provide an alternative to the reverse osmosis/brine line with a site specific objective. The following will help improve the TMDL in this regard: • The alternative water supply and site specific objective tasks should be more closely linked, if not merged into one task. • If the reverse osmosis/brine line is required, the alternative water supply requirement should be clearly eliminated as a requirement in the TMDL. • The alternative water supply task must be acceptable to the EPA as an alternative compliance option if the RWQCB requires it. • The RWQCB should require a reasonable trigger for this requirement and be clearer about exactly who will be the recipient of the alternative water Dennis Dickerson, Executive Director California Regional Water Quality Control Board September 24, 2002 Page 3 supply. For example, avocado farmers who currently use well water for irrigation, and not surface waters from the Santa Clara River, should not be entitled to the alternative water supplies. • The RWQCB should alter the current draft to include a more phased TMDL that provides for contingencies in obtaining regulatory approval if the reverse osmosis/brine line is required. The current 14 year implementation timeline does go a long way towards the phased TMDL and contingencies for regulatory approval. However, significant changes addressing these areas are still necessary. Water Supply and Drought Relief Castaic Lake Water Agency, the local water purveyor, has reported that imported water in drought years has high chloride levels, and these levels persist for years as stored waters in reservoirs are utilized. Therefore, the chloride TMDL should provide some regulatory relief during drought conditions. The RWQCB has provided such provisions in the recent past. The residents and businesses of this community should not be penalized for the local water purveyor's source of water supply and the lack of rainfall in a given year. Self Regenerating Water Softeners Efforts to reduce chloride levels in the Santa Clara River are already underway and consist largely of source reduction through eliminating commercial self regenerating water softeners and conducting outreach to the residents asking for voluntary removal of self regenerating water softeners. The good faith effort on the part of the community to implement this program before the TMDL has been approved should be a sign to the RWQCB that we are willing to make reasonable changes to protect our water resources. We cannot, however, support a course of action that requires our residents and businesses to shoulder a financial burden based on political expediency and a timeline in the negotiated TMDL settlement agreement that we were not consulted on. The worst case scenario option provided is not a viable option and would at best charge our residents twice the Los Angeles County average. While they may not be the highest rates in California, an increase of this type will financially harm local businesses as well as the residents of this community without solid, scientifically proven data showing the increase will benefit the environment. The TMDL Affordability assessment did not reflect how this TMDL would affect local businesses that depend on soft water (i.e. auto washing, manufacturing etc.). Comment Summary In summary, the City has the following comments: Dennis Dickerson, Executive Director California Regional Water Quality Control Board September 24, 2002 Page 4 • The numeric limit should be 230 mg/l for the chloride TMDL to ensure aquatic life is not harmed until it has been scientifically proven that avocado crops downstream are being negatively impacted. • We request that "If Applicable" and all other optional re -opener language throughout the document be removed and replaced with definite language that the limits will be re-evaluated after the studies have been completed and results analyzed in year four. • If an alternative water supply is required and approved by the EPA, the City requests a reasonable trigger and clear guidelines for the recipients for that requirement. • A drought relief policy should be included in the TMDL, as imported water utilized in drought years has high chloride levels, and these levels persist for years as stored waters in reservoirs are utilized. The RWQCB has granted such requests recently. • Include an analysis of the increased costs to businesses when they must remove self -regenerating water softeners and pay higher sewage rates. Again, the City would like to thank the RWQCB for extending the timeline in the TMDL to 14 years, providing interim chloride limits, providing a four year study period to evaluate the proper chloride threshold to protect beneficial uses, and holding a public workshop in our community on August 1, 2002. Please consider our reasonable comments and adjust the TMDL so that the stakeholders' limited financial resources are most effectively utilized. We will continue to work as a partner with all stakeholders in the community to protect the natural resource treasure that flows through our community. Sincerely, Frank Ferry Mayor JS:HM:lep pbs/envsrvcs\heather\water\tmdls\chloridecommentltr. doe cc: Elizabeth Erickson, California Regional Water Quality Control Board Ken Pulskamp, Interim City Manager, City of Santa Clarita Jeffrey J. Lambert, Director of Planning and Building Services, City of Santa ClaritA Jason Smisko, Interim Environmental Services Division Manager, City of Santa Clarita Heather Lea Merenda, Sustainability Planner, City of Santa Clarita Oliver Cramer, Administrative Analyst, City of Santa Clarita