HomeMy WebLinkAbout14 WaterCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: BERNARD C. KERSEY, GENERAL MANAGER Subject: AMICUS CURIAE BRIEF IN EL DORADO
IRRIGATION DISTRICT V. CALIFORNIA
Dept: WATER DEPARTMENT Alp! REGIONAL WATER QUALITY CONTROL
OR/U4� L BOARD, ET AL.
Date: NOVEMBER 18, 1998 i i
Synopsis of Previous Council action:
NONE
Recommended motion:
AUTHORIZE THE CITY ATTORNEY TO FILE AN AMICUS CURIAE BRIEF IN THE MATTER OF EL
DORADO IRRIGATION DISTRICTV. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD,
ET AL.., SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 98CS02533.
Signature
Contact person- C. KERSEY GENERAL MANAGER Phone: 384 -5091
Supporting data attached:
FUNDING R= QUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Ward: N/A
75 -0262 Agenda Item No.lq
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Water Department received a request from Joel S. Moskowitz, Moskowitz, Brestoff,
Winston & Blinderman, to file an amicus curiae brief in support of the position taken by the El
Dorado Irrigation District in its litigation against the Central Valley Regional Water Quality
Control Board and the State of California Department of Health Services.
El Dorado Irrigation District filed a Petition for Writ of Mandate and Complaint for Injunctive
and Declaratory Relief against the Central Valley Regional Board ( "Regional Board ") and
Department of Health Services ( "DOHS ") to enjoin the Regional Board from imposing
discharge limits in El Dorado's National Pollutant Discharge Elimination System (NPDES)
permit which are not in conformity with the applicable Water Quality Control Basin Plan. The
discharge limits are based on DOHS' "underground regulations" for coliform limits.
The Regional Board in this case attempted to impose in an enforceable permit coliform limits
which were much lower than are required by the Basin Plan adopted by the Regional Board.
DOHS has issued "guidelines" which have never been subjected to the requirements of the
Administrative Procedures Act and which, El Dorado alleges, are not legally enforceable.
The Water Department is currently engaged in the process of renewing its own NPDES permit
and similar language as that which is at issue in the El Dorado case has been proposed, on the
basis of DOHS' "guidelines". In written correspondence to the Santa Ana Regional Water
Quality Control Board, the Water Department has taken issue with the imposition of stricter
coliform limits than that which are set forth in this region's Water Quality Control Basin Plan.
The Water Department concurs with El Dorado's contention that the DOHS guidelines are
"underground regulations" which cannot legally be imposed and which are inconsistent with
the applicable Basin Plan.
Moreover, this issue has great potential fiscal impact in that stricter coliform limits require
additional treatment and ultimately could result in increased costs to the rate payers.
The Board of Water Commissioners hereby recommends that the Mayor and Common Council
authorize the City Attorney to file an amicus curiae brief in the matter of El Dorado Irrigation
District v. Central Valley Regional Water Quality Control Board et al., Sacramento County
Superior Court Case No. 98CS02533.