To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
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DISCUSSION AND POSSIBLE ACTION REGARDING REPORT ON REGIONAL WATER QUALITY CONTROL BOARD'S SETTLEMENT OFFER FOR ALLEGED 2016, 2017, 2018 & 2019 PERMIT WATER QUALITY VIOLATIONS
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EXECUTIVE SUMMARY
On May 16, 2018, the City received a Settlement Offer from the Regional Water Quality Control Board (Board) for alleged Seaside Lagoon discharge water quality violations of the NPDES Permit and a Notice of Violation for the 2016 and 2017 operating seasons. Since receipt of that notice, the City has implemented permit requirements including a metals source identification study, challenged the Permit's basis for water quality limitations, met with Board staff to discuss modifications to the Permit and resolve erroneous alleged violations, hired an engineering consultant to review operational design and identify potential modifications for upgrades for improved compliance, and formally requested permit modifications.
On March 4, 2020, the City received a letter from the Board denying all requested permit modifications, and on September 4, 2020 the City received another letter from the Board including a Settlement Offer for alleged violations for the 2016, 2017, 2018 and 2019 operating seasons, for a mandatory minimum fine of $285,000. Staff is seeking City Council direction as they prepare a response to the Settlement Offer and is recommending the that City agree to the expedited Payment Program and accept the waiver of Right to Hearing, proposing that the $285,000 fine be approved as a Supplemental Environmental Project (SEP) to begin the planning, engineering design and permitting for a project at Seaside Lagoon that will eliminate effluent discharge into King Harbor, thereby improving the water quality of the receiving water. A response is due to the Board by November 4, 2020.
BACKGROUND
Seaside Lagoon operates every summer and, because it discharges water to the harbor,...
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