Environmental Press # 107

Subj: OOG: AB 1969 Changes, OCSD Board Meeting Wednesday 8-28
Date: Sun, 25 Aug 2002 8:20:22 PM Eastern Daylight Time
From: Jon V3
To: Jon V3
Dear Ocean Outfall Group (OOG), dedicated to ending the 301(h) waiver held by the Orange County Sanitation District (OCSD):

As some of you may be aware, AB 1969 has gone through a number of changes and is now rapidly making its way through the State Senate. This bill, formerly Ken Maddox's bill to get rid of the waiver, is now Bill Campbell's bill, and incorporates another bill, AB 2351. This new AB 1969 is designed to grease the wheels for OCSD's conversion to full secondary standards, changing state law to allow OCSD to take 10 years for the conversion to full secondary, rather than 5 years, which is current law. Moreover, the structure for monetary fines is changed, apparently anticipating problems with biologic secondary systems, so that overall fines to OCSD will be less if pollutant standards are violated by breakdowns or maintenance of the biologic treatment systems. An urgency clause is now part of the bill, requiring a 2/3 majority to pass. Finally, an amendment has just been agreed to by Assemblyman Campbell's office to reinsert Ken Maddox's original language of AB 1969. To see these bills, go to:

 

  

AB 1969 Amended 8-19-02

AB 2351 Amended 8-23-02

Read the italicized print in each amendment date to see how the state laws are being rewritten.

This bill is now being considered at the level of the Senate Environmental Quality Committee at:

Senate Environmental Quality Committee

This bill has had a fascinating journey. Remarkably, Assemblyman Campbell has responded to amendments suggested by citizens, the latest being the amendment suggested by David Beckman of NRDC, that Ken Maddox's original language be reinserted into the bill, after being removed.

The main controversial points of the new AB 1969, basically boil down to these:

1. The relaxation of the time period for full secondary conversion to 10 years for OCSD, while current law says 5 years, and other treatment plants have had to abide by the 5 year time frame. The State Senate added the 5 years requirement to the Maddox bill, but the Campbell bill has 10 years for OCSD. Many people, including myself, have said OK to the 10 years, based on it being a drop-dead date for fines and OCSD should be able to do it faster than that. OCSD has seriously complained about the 5 years requirement, saying it can't be done in that time, and threatening to resume the effort for a waiver if required to go to full secondary in 5 years.

Some people, including Sierra Club members, have raised serious questions about the 10 year allowance, saying a bad precedence is being set, and why not 7 or 8 years?

I have seen a primary clarifier project at OCSD take 7 years from start to finish, from 1998 from start of planning and design, to 2005 for final close-out. So it will be a substantial amount of physical work, construction, planning, and design, for achievement of full secondary standards, and OCSD does not yet know which type of technology to use. They have even set up a "30/30 Committee," which hopefully will be open to public participation, etc.

OCSD really, really wants to add a microfiltration plant to achieve full secondary standards, as a nod to the latest treatment technology, rather than the old, boring, tried-and-true, old faithful, extremely reliable, cheap, biological secondary treatment methods like activated sludge and trickling filters. No, these are not good enough. Let's go for the latest, newfangled, expensive, untried-and-untrue, gadgets like the new membranes or the microfilter (MF), which apparently work in small scale applications, but fears they will not be able to withstand a hundred million gallons a day of primary effluent with lots of ferric chloride and anionic polymer added (Advanced Primary Treatment or APT).

In any case, the membranes and microfilters have been used almost exclusively in small applications, only after secondary treatment, and as a step towards tertiary treatment. Efforts to move towards tertiary treatment are laudable. Membranes and microfilters should only be considered for secondary effluent, not primary effluent. The solids and chemical assault on the membranes and filters are just too high with primary effluent. Lots of energy is needed to wash the filters of the accumulated pollution. Filters get plugged up and break down. Biologic systems should be required before MF. MF should not be a substitute for biologic treatment.

2. OCSD is apparently expecting upsets with its existing secondary treatment plants, so AB 1969 has a way to reduce being fined for upsets, including lumping 2 or more standards violations as only one violation for purposes of being fined for violations. OCSD wants to "rehabilitate" its secondary systems, and indeed is planning to do it. However, this drastic overhaul may or may not be really needed. We need those secondary biologic systems like trickling filters and activated sludge to be happy. OCSD knows it will disturb the biologic organisms, with substantial downtime. the good bugs can take several weeks or months to recover after being insulted by a well-meaning rehabilitation project.

AB 1969 will change the definition of a violation so as to reduce monetary fines.

3. Urgency clause. OCSD apparently thinks it is necessary to pass AB1969 as an urgency bill to take effect immediately. However, adding the urgency clause means a 2/3 vote in favor of the bill is required for passage. This actually increases your power to amend or defeat the bill if you should recommend doing so. Therefore, your recommendation will be taken seriously, in order for you to be happy and vote for passage of the bill.

These issues can be addressed to the Senate Environmental Committee. See their website and submit your comments soon, as the bill as racing towards passage.

See: Senate Environmental Quality Committee

You can also plan to attend Wednesday's OCSD's Steering Committee and Board of Director's meeting, starting at 5 PM for the Steering Committee and 7 PM for the regular OCSD monthly Board of Director's meeting at OCSD's Administrative Office at 10844 Ellis, Fountain Valley, corner Euclid and Ellis, Euclid exit off 405 Freeway, this coming Wednesday, August 28.

Lot's to do before it's done. See you there.

Jan Vandersloot (949) 548-6326

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