City faces big water fine

Permit extensions for Colusa’s old sewer treatment plant have expired and the city now faces the possibility of nearly half a million in fines for wastewater treatment violations even as the construction of a new nearly $20 million plant nears completion.

The Central Valley Regional Water Quality Control Board has proposed a $489,000 penalty for violations of wastewater treatment standards accumulated over an eight-year period beginning in January 2000.

The Colusa City Council on Tuesday held a special study session to discuss the potential fine.

The Council accepted City Manager Robert Hickey recommendation to accept the fines and ask the board to allow the city to roll those fines into the construction costs of the new wastewater facility.

That option is available under a 2006 law authored by state Sen. Sam Aanestad, R-Grass Valley, which permits fines to be redirected toward construction costs for improved water facilities.

“Traditionally, that’s the way it works,” Councilmen Tom Reische said. “In the past the board has excused fines if the city is spending the money to remedy the specific problems or violations. And I am certain that we are doing so,” he said

Reische admitted the fines “do not look good on paper,” but said officials are not overly worried because the city’s new sewer treatment project is currently on schedule.

Colusa has been cited for 191 effluent limitation violations, 107 of which are considered serious. Those include violations in the levels of ammonia, coliform, and the turbidity of treated water.

Hickey described the bureaucratic process, saying the city has received a draft notice of the proposed fines and will now respond to the draft according to the Council’s decision on Tuesday.

“Right now we’re talking to their staff,” Hickey said. “The actual fine must still be approved and then the city will receive the actual (fine) notice. Then we’ll have to respond to that.”

Wendy Wyels, a spokesperson for the Central Valley board, said Tuesday that after the board receives the city’s response, it could take up to two months for the administrative process to issue the actual fine.

Hickey said the approval is not a rubber stamp process, but said that the new $19.7 million wastewater treatment plant project is currently on schedule to begin treating water in August and should be complete on or before the March 2009 deadline. Hickey said the project is also currently under budget, increasing the likelihood the board would approve the fine roll over.

City Attorney Steve Rudolph also warned the Council about the possibility of the board denying the roll over request. “The Board can increase the fine or our request could be only partially granted,” Rudolph explained.

Changes in 1999 to federal and state clean water mandates have resulted in severe fines for many rural north state communities such as Williams, Live Oak and Colusa.

“It’s a tough problem for all small towns,” Hickey said. “But, the board does recognize that the fix is underway in Colusa.”

Contact Rob Parsons at 458-2121 or rparsons@tcnpress.com.