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WATER QUAL~rY from page 1_o.... · · · · · ·... ·... · · · · · · · · · · · ·. · · ·- · ·' ° · <br />Current Law requires that regional water quality -- include an exemption from HHPs for start-up <br />control boards assess minimum mandatory penalties of new or refurbished treatment facilities for a <br />(MMP) for specified violations of waste discharge specified period of time; <br />permits for publicly owned treatment works (POTWs). <br />As a result, in many cases, municipalities are as- -- redefine "single operational upset" to exceed <br />sessed penalties for violations which could not have a single day and if necessary, re-name this defense <br />been prevented in the exercise of reasonable care, or to avoid conflict with federal regulations; <br />are minor and have no effect on water quality. <br />Because the Law removes the previous discretion of -- provide that MMPs wi[[ be assessed for <br />regional boards to impose penalties, Local govern- "violations" of effluent Limitations, rather than <br />ments increasingly are faced with situations in which exceedances, to correct the problem that penalties <br />they, and often the regional boards, believe penal- are now assessed for exceedances even though the <br />ties are not appropriate, permittee has an affirmative defense (e.g. bypass or <br /> upset.); <br /> For example, an unintended consequence of SB <br />709 is the assessment of penalties during start-up of -- add clarity/specificity with regard to the due <br />a new or refurbished water treatment unit process, process and procedure for imposing the penalties; <br />Prior to SB 709, the regional boards would not have and <br />assessed penalties during the "de-bugging" process <br />of a new treatment unit because all processes require -- authorize a regional board to decline to <br />fine-tuning during start-up. Recently, the San issue or reduce MMPs if the board makes specific <br />Francisco Bay Regional Water OuaLity Control Board findings and/or with a majority vote. <br />was forced, against the Board members' stated <br />desires, to fine the City of PaLo ALto $126,000 for The League and CASA will be surveying city <br />starting up a refurbished unit. ironically, the public works directors and sanitation districts to <br />refurbished unit will TMPROVE water quality, and yet compile information on Local agency experiences <br />PaLo ALto was fined for bringing it on line!! with minimum mandatory penalties. If your city <br /> operates a POTW, please be sure that your city <br /> The League and CASA have identified examples returns the completed survey. As soon as Assembly <br />of situations that we believe do not warrant manda- ~4ember CanciamiLLa introduces the bill, we'[[ [et you <br />tory penalties and which require statutory changes, know. <br />Thus, the proposed Legislation will, among other <br />areas, include provisions to: <br /> <br /> Don t let this happen to your city. <br /> <br /> Mayors Council Members City Managers City Department Directors <br /> <br /> In this more than any other year, your voice is needed in Sacramento. Stand shoulder-to- <br /> shoulder with other city officials and fight to protect your city revenues and your ability to make sure that <br /> important local matters are decided locally. Register early! Visit www.cacities.org/legactiondays for <br /> more information. <br /> e islati e ction Days <br /> <br /> Visit the League's Official. Web Site~-www. cacifies.org PRIORITY FOCUS/PAGE <br /> <br /> <br />