Nevada County Grand Jury • 2005-2006

Small-time Sewage is a Big-time Challenge Reason for Investigation The 2003-2004 Nevada County Civil Grand Jury

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Findings and Recommendations 25 findings

F1
Much of the upgrade expenditures to meet increasing state and federal water quality requirements are tracked as Capital Improvements in the SD#1 portion of County Budgets. In the table below, these expenditures, listed as SD#1 and paid entirely by the sewage services ratepayers, are compared with the County capital expenditures in DOTS and with the capital expenditures for all of Nevada County. As the table illustrates, SD#1 expenditures dominate within DOTS and exceed total County capital improvement expenditures. In FY 2005/06, SD#1’s $9,480,000 budget is 115% of the total County budget for Capital improvements, and in FY 2006/07 SD#1’s $29,140,000 is 444% of the total County budget for Capital improvements. CAPITAL IMPROVEMENT BUDGETS FOR FY 2005/06 AND FY 2006/07 FY 2005/06 a FY 2006/07 b Change Functional Amount % of Amount % of Increase % Increase Areas (thousands) County (thousands) County (thousands) (decrease) Roads & other DOTS $3,764 46% $5,856 89% $2,092 56% All Other County Departments $4,445 54% $700 11% ($3,745) (84%) Total County $8,209 100% $6,556 100% ($1,653) (20%) SD#1 (not part of County) $9,480 115% $29,140 444% $19,660 207% a Based on projected actual FY 2005/06 Budget, b Based on FY 2006/07 Budget requests, 5/18/06
No recommendations for this finding
F2
As shown in the table below, sewer rates per equivalent dwelling unit (EDU) have been increasing substantially to pay for the SD#1 capital improvements in the table above, plus WWTP operations. Future rates in the table are proposed by SD#1 and are subject to ratepayer approval following public hearings. HISTORICAL & PROJECTED ANNUAL SEWER RATES PER CONNECTED EDU Zone 1 Zone 2 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 LWW LOP N. San Gold Penn Mtn. Cascade Eden Dark Higgins Fiscal Juan Creek Valley Lakes Shores Ranch Horse Village Year 2,903* 2,056 85 44 347 40 83 29 54 48 2001/02 $260 $315 $318 $145 $449 $315 $680 $355 2002/03 $315 $315 $451 $145 $539 $315 $910 $355 2003/04 $315 $315 $451 $145 $539 $315 $1,795 $355 $1,550 $1,675 2004/05 $650 $550 $451 $145 $720 $365 $1,795 $410 $1,550 $1,675 2005/06 $750 $890 $451 $145 $720 $415 $1,795 $465 $1,550 $1,675 2006/07 $905 $1,075 $660 $145 $950 $465 $1,995 $520 $1,550 $1,675 2007/08 $905 $1,075 $660 $195 $950 $465 $2,810 $520 $1,825 $1,875 2008/09 $1,125 $1,125 $730 $195 $950 $465 $2,810 $575 $1,900 $1,975 *Entries in this row are the numbers of sewer system customers in each zone. Grand Jury 0506 COUNTY Nevada County Civil Grand Jury www.civilgrandjury.com The proposed rates include estimates of possible future assessments by CVB of Mandatory Minimum Penalties (such as discussed in findings below). The numbers of connected EDUs (i.e., sewer system customers) as of February 2006 are included in the column headings (all data from Source 9). The district also collects sewer charges for unconnected EDUs on unimproved land, but these are omitted here for simplicity.
No recommendations for this finding
F3
State law establishing effluent regulations for stream-discharge WWTPs was passed in
No recommendations for this finding
F4
Wastewater treatment regulations are a very complex combination of federal and state law, as are the state enforcement policies of the SWRCB and CVB, and require intense effort for understanding, compliance, and record keeping. (Sources 1 and 2)
No recommendations for this finding
F5
The SWRCB and its Regional Boards impose regulations and penalties based on “one size fits all.” For example, the Mandatory Minimum Penalty (MMP) for an individual violation would be $3000 in Cascade Shores, with 83 ratepayers, just as it is for the City of Los Angeles with about two million ratepayers. Thus, the cost of every $3000 MMP would be $36.14 for each ratepayer in Cascade Shores, whereas the cost would be a small fraction of a penny for each ratepayer in Los Angeles. (Source 2)
Related Recommendations (1)
R2
The SD#1 Board of Directors, acting independently and also together with leaders from other rural counties and cities, should aggressively and relentlessly lobby state govern- ment for equitable treatment of rural communities concerning water quality control matters and their financial impact per ratepayer. One goal should be to modify the structure of the MMP fine system from the present fixed $3,000 for any WWTP, regardless of size, to a variable fine that bears a reasonable relationship to the number of EDUs served by the WWTP. Grand Jury 0506 COUNTY Nevada County Civil Grand Jury www.civilgrandjury.com
F6
Twenty-two full-time equivalent employees constitute the Wastewater group in DOTS, and act as SD#1 staff responsible for managing the operations and upgrades of WWTPs in all ten SD#1 zones.
No recommendations for this finding
F7
In addition to these operations and plant upgrade activities, the Wastewater group is also responsible for: (i) communicating with the CVB, (ii) keeping abreast of applicable rules and regulations, (iii) monitoring the quality of water entering and exiting WWTPs, (iv) maintaining compliance records and their financial implications, and (v) training new hires in these topics.
No recommendations for this finding
F8
SD#1 staff members are on duty at the Cascade Shores WWTP only a few days per week, and generally not at all during nighttime hours, as a cost-saving measure.
No recommendations for this finding
F9
The main sewer line of the Cascade Shores WWTP was ruptured by a rain-triggered landslide on May 9, 2005. As a result, raw sewage spilled into Gas Canyon Creek at an average rate of approximately 20,000 gallons per day (gpd) for nine days. (Source 4)
Related Recommendations (1)
R1
ason C air Board ofSupervisors
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)
No recommendations for this finding
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 Nevada County Civil Grand Jury www.civilgrandjury.com (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)
No recommendations for this finding
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.
No recommendations for this finding
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.
Related Recommendations (1)
R6
The SD#1 Board of Directors should establish appropriate protocols to ensure effective communication with the State Water Quality Resource Control Board and the Central Valley Regional Water Quality Control Board, in order to establish optimal ongoing relationships, more effective coordination, and mutual understanding during emergencies and incidents such as the Cascade Shores landslide and resulting spill that occurred in May 2005.
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.
Related Recommendations (1)
R6
The SD#1 Board of Directors should establish appropriate protocols to ensure effective communication with the State Water Quality Resource Control Board and the Central Valley Regional Water Quality Control Board, in order to establish optimal ongoing relationships, more effective coordination, and mutual understanding during emergencies and incidents such as the Cascade Shores landslide and resulting spill that occurred in May 2005.
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.
No recommendations for this finding
F16
A 2003/2004 Grand Jury Report identified the possibility of substantial fines being levied against SD#1.
No recommendations for this finding
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.
No recommendations for this finding
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).
Related Recommendations (3)
R3
The SD#1 Board of Directors should direct SD#1 staff to develop a system to monitor and analyze violations associated with Self-Monitoring Reports in order to determine their potential penalties and cumulative financial impact for each zone.
R4
The SD#1 Board of Directors should direct SD#1 staff to provide recommendations to the CEO and to the Board of Directors for dealing with the cumulative financial impact of potential violations and related fines.
R5
The SD#1 Board of Directors should direct SD#1 staff to: (i) develop a formal system to analyze violations that result in mandatory minimum penalties, (ii) examine what failures have occurred, and (iii) take appropriate action to ensure they are less likely to occur in the future.
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).
No recommendations for this finding
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 Nevada County Civil Grand Jury www.civilgrandjury.com
No recommendations for this finding
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.
No recommendations for this finding
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).
No recommendations for this finding
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.
No recommendations for this finding
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/.
No recommendations for this finding
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
No recommendations for this finding

Conclusions 11

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

County Sanitation District No. 1 (Nevada) Special District
Nevada County Board of Supervisors Elected County Office