Nevada County Grand Jury • 2005-2006

Received JAN 3 0 2007 Nevada County Board of Supervisors Wada Count*

Published: June 30, 2006 176 pages Consolidated Report
Ver PDF original

Findings 25 findings

F1
For the fiscal year 2005-2006, Nevada County projected to distribute 72 monetary programs totaling $4,195,995 to various Outside Service Providers (OSPs).
F2
Nevada County is responsible for monitoring programs issued by the County to OSPs to ensure they provide the funded service in an effective and efficient manner.
F3
Selected services are provided by OSPs because they are more cost effective than equivalent services provided directly by the County.
F4
In reviewing the information obtained from the Office of the County Executive Officer many acronyms were used and are defined in a glossary (see Appendix A).
F5
These programs are funded as follows (see Appendix B): a. 6 programs totaling $208,771 from County funds b. 5 programs totaling $456,674 from Federal funds c. 30 programs totaling $2,216,964 from a combination of Federal, State and County funds d. 4 programs totaling $360,495 from other sources e. 27 programs totaling $953,091 from State funds
F6
These programs are directed to the following areas (see Appendix C): a. 6 programs totaling $520,595 are focused on economic development b. 61 programs totaling $3,558,203 were awarded to various outside service providers (including non-profits) to provide social services including child care, elder care, drug abuse treatment, transportation, and mental health c. 5 programs totaling $117,197 were provided to the County Superintendent of Schools office and various schools to support programs for children
F7
Of the 61 OSP programs mentioned above in 6b, 7 totaling $432,537 provided funds to organizations outside of Nevada County (see Appendix D). These programs include mental health and child care services being provided by agencies outside Nevada County because there are no known facilities and/or OSPs available within Nevada County capable of providing or having the capacity to provide these services.
F8
Nevada County does not currently maintain an ongoing consolidated listing of the programs funding the OSPs. Grand Jury 0506 Audit and Finance CONCLUSIONS
F9
The monthly average of donations received in 2005 was $2,869. The monthly average spent to meet emergency needs was $2,908. Grand Jury 0506 City Hospitality House
F10
The CVB representatives stated in written reports that, out of concern for the public safety and protection of the beneficial uses of the downstream waters, SD#1 should capture this sewage spill with one of two County-owned vactor trucks and transport it to another WWTP. (Sources 3, 7)
F11
SD#1 and Environmental Health Department staff stated in a written response to the first (Source 3) of these reports that the environmental impact of the spill was small because of: (i) its relatively small average flow of 20,000 gpd (equivalent to the flow from a 1- inch hose), (ii) limited use by humans of Gas Canyon Creek during the time of the spill (only one dwelling was inhabited near Gas Canyon Creek downstream of the accident), Grand Jury 0506 COUNTY (iii) substantial dilution of the raw sewage by heavy water flow in the creek from the severe winter storms that precipitated and followed the accident, and (iv) tests by the Nevada Irrigation District (NID) indicated that the spill was not causing a measurable negative impact on the source of its water supply. (Source 4)
F12
SD#1 staff decided at the time of the accident to focus their efforts immediately on installing a replacement pipe to transport the sewage to the Cascade Shores WWTP, rather than on creating a temporary containment for the spill, piping the contained sewage into vactor trucks, and transporting it to another WWTP.
F13
Lines of communication between SD#1 and outside resources and agencies, including the CVB, are specified in myriad emergency plan documents for each WWTP zone. These documents include Emergency Action Plans, Sanitary Sewer Overflow Response Plans, and Business Plans.
F14
Specification of lines of communication from the CVB to SD#1 are included in an annual report submitted by SD#1 to the CVB for each of the three stream-discharge WWTPs.
F15
According to The Union (December 13, 2003), during the week of December 9, 2003, the town of Colfax, less than a square mile in area with a population of about 1,600, located just east of the Nevada County line, was penalized about $350,000 by CVB for a myriad of wastewater permit violations spanning several years.
F16
A 2003/2004 Grand Jury Report identified the possibility of substantial fines being levied against SD#1.
F17
In a letter dated August 10, 2005, the CVB proposed a total penalty (Administrative Civil Liability) against the SD#1 Cascade Shores WWTP, in the amount of $574,000. This amount was an accumulation of (i) 177 mandatory minimum $3000 penalties totaling $531,000 for violations dating back to April 30, 2000, (ii) a $33,000 CVB-estimated economic benefit of allowing the landslide sewage spill to continue for nine days, plus (iii) $10,000 to cover estimated CVB administrative costs (Source 7). In subsequent discussions between SD#1 staff and the CVB, the 177 MMPs were reduced to 166 MMPs totaling $498,000.
F18
At the time the $574,000 penalty was proposed, SD#1 was keeping a file of CVB- required self-reported violations, but it was not keeping a running log of violations and MMPs, nor their cumulative financial magnitude, for any of the three stream-discharge WWTPs (Cascade Shores, LOP, and LWW).
F19
SD#1 later prepared lists of MMPs and their cumulative dollar amounts for LOP and LWW and documented them in a memo of February 6, 2006 (Source 8).
F20
The SWRCB has indicated that the Cascade Shores WWTP may be qualified, by virtue of its ratepayers' low median income level, to apply the $498,000 of MMPs toward the required upgrade of the WWTP by September 2007. Funding to cover upgrade costs is being sought from grants, insurance claims, and low interest loans. Grand Jury 0506 COUNTY
F21
The median income of the ratepayers in the other two stream-discharge WWTPs in SD#1 (LOP and LWW) may be too high to permit application of their cumulative MMP fines against the cost of their required upgrades.
F22
SD#1 consultant reports state that the LWW WWTP cannot meet the required higher effluent water quality standards prior to scheduled plant upgrades (Source 8).
F23
The Board of Supervisors has approved a request to add a Principal Engineer in DOTS to help with the numerous demands on SD#1 staff.
F24
Minutes from SD#1 Board of Directors meetings are included as part of the Nevada County Board of Directors meetings, and now are also published separately. All these documents are available via http://new.mynevadacounty.com/clerkofboard/.
F25
Hearings are in progress for California Senate Bill 1733 on water quality civil penalties. Among several paragraphs explaining the purpose of the bill, its author states, "Senate Bill 1733 attempts to provide assistance to [small rural] communities that are trapped in a cycle that vacillates between non-compliance and the inability to upgrade to meet compliance standards." CONCLUSIONS

Recommendations 25

Conclusions 54

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.