The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04021996 - C52 C.51, C.52, C.53 and C.54 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 2, 1996 , by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence C. 51 LETTER dated March 18, 1996, from Edwin Nemeth, 4037 Happy Valley Road, Lafayette, CA 94549, expressing concern with the new waste collection procedures for his area. ****REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY C. 52 LETTER dated March 11, 1996, from Pat McCarty, Chairman, Delta Protection Commission, 14215 River Road, Walnut Grove, CA 95690, advising of a new regulation being adopted to protect the Delta Primary Zone from any adverse impacts resulting from the discharge of sewage effluent and sludge and urging the Board to deny any new applications for a new sewage treatment plant pending implementation of the new regulation. ****REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND PUBLIC WORKS DIRECTOR C. 53 LETTER dated March 16, 1996, from Bruce Peaslee, Chief Shop Steward , Contra Costa Workers Chapter, Social Services Union, 661 - 27th Street, Oakland, CA 94612-9867, commenting on air quality problems being experienced as the Social Service Department Building, 1305 Macdonald Avenue, Richmond. ****REFERRED TO DIRECTOR, GENERAL SERVICES DEPARTMENT C. 54 LETTER dated March 19, 1996, from Nancy Ward, Chief, Disaster Assistance Branch, Governor's Office of Emergency Services, 2800 Meadowview Road, Sacramento, CA 95832, advising that the U.S. department of Agriculture (USDA), has authorized the USDA Farm Services Agency to provide emergency physical and production loss loans as a result of the unseasonable storms on May 17 - 18, 1995, to eligible applicants in Contra Costa County. ****REFERRED TO DIRECTOR, OFFICES OF EMERGENCY SERVICES IT IS BY THE BOARD ORDERED that the recommendations as noted l****) are approved. I hereby certify that thIS y 0tn0W4eeneatWft6t an action t�:!<cn cnd entered on-the minutes of the Board of Sunn n the date shown. c.c. Correspondents ATTEPHIL :. .2 !q Q t0 P PHIL GAr L0�, C..�-�- Cccrd County Administrator of Superviccez5 a;e„ .`ty wdn,....,,.rator Director, GMEDA Community Development, Director By ,Deputy Public Works, Director Director, General Services A& RECEIVED STATE OF CALIFORNIA PETE WILSON, Governor DELTA PROTECTION COMMISSION !MM2:0 . 14215 RIVER ROAD P.O. BOX 530w� WALNUT GROVE, CA 95690 CLERK BOARD OF SUPERVISOR __ CONTRA COSTA CO.--- PHONE: (916) 776-2290 March 11, 1996 FAX: (916) 776-2293 Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Subject : , Discharge of Sewage Effluent and Sludge into the Primary Zone of the Delta Dear Honorable Members of the Board of Supervisors : I am writing on behalf of the Delta Protection Commission (Commission) . The Commission adopted a Land Use and Resource Management Plan for the Primary Zone of the Delta (Plan) in February; 1995 . The Plan seeks to protect and enhance the resource' values, wildlife habitats, and agricultural activities in the Delta Primary Zone . within the Plan, the Commission included a policy which directed the local governments (counties) to not allow new sewage treatment facilities, including storage ponds, and areas for disposal of sewage sludge and sewage effluent in the Primary .Zone of the Delta (Utilities and Infrastructure Policy P-3 (P-3) ) . r TheCommission was sued by Wheelabrator Clean Water Systems, Inc. , Bio Gro Systems Division, in Sacramento County Superior Court . The issue in the case was whether P-3 was a "regulation" subject to the provisions of the Administrative Procedure Act (APA) . The APA requires that regulations adopted by State agencies be reviewed and approved by the Office of Administrative Law (OAL) before they may take effect . 1 Superior Court Judge Thomas Cecil ruled that P-3 constitutes a "regulation" under the APA. The Judge' s decision applied to P-3 only. The Judge declared P-3 to be invalid "for a substantial failure to comply with the APA" . The Commission agreed to abide by the Judge' s ruling (rather than file an appeal) , and to "set aside" P-3 . In compliance with the APA, the Commission proposes to adopt P-3 as a regulation and to amend the Plan to include P-3 . Notice of the proposed adoption of the regulation was published on February 23, 1996 . The notice period runs from February 23 , 1996 to April 8, 1996 . Three public hearings have been set for March 28, April 4, and April 8, 1996 . The Commission is tentatively scheduled to vote on the proposed regulation on Thursday, April 25, 1996 . If adopted, the regulation will be submitted to OAL for review and approval . The regulation would take effect 30 days after OAL approves it, unless an earlier effective date is approved. The purpose of the regulation is to protect Delta Primary Zone natural resources including soil, surface water, ground water, wildlife and riparian habitats, and the unique and fragile wetland ecosystem from possible contamination by materials associated with sewage treatment facilities and with placement of sewage effluent and sewage sludge . The Commission is seeking support from you in protecting the natural resources of the Primary Zone of the Delta during the period the proposed regulation is being processed. The local governments have responsibility for processing applications for construction of hew sewage treatment facilities and for disposal of sewage effluent and sewage sludge. The Commission urges your County to deny any applications for lands in the Primary Zone. The Commission previously adopted P-3 in response to public input received during the more than six month review period between release of the Draft Plan (July 1994) and adoption of the Plan (February 23 , 1995) . During public hearings, numerous concerns were raised about the proposed placement of sewage effluent and sewage sludge in the Primary Zone. Issues raised are summarized below: 2 1 . Soils and Hydrology. Due to unique soil conditions and hydrology, much of the Primary Zone is at constant risk of flooding and/or inundation. Some have described the Delta as a mat of peat soil floating atop a large pool of water. Much of the Delta is actually below sea level and is protected by levees from daily inundation. Many areas of the Delta must be vigorously drained and pumped to keep the groundwater table below the surface of the land and to avoid flooding. This means most of the Primary Zone is continuously subject to potential flooding if pumping were to cease or if a levee break were to occur. There have been repeated levee breaks in the Delta. Two small islands flooded in 1995 . Levee breaks can result from varied causes, including overtopping, erosion by floodwater, weak spots (beaver burrows, fallen tree root balls) , and others . The Delta levees are also susceptible to failure due to seismic activity. In the case of a levee break or rising groundwater soon after sludge placement, flood waters would carry off materials placed on the island' s surface and contaminate significant other land and water areas . The low surface elevation, location in the flood plain, and soils subject to subsidence make lands in the Primary Zone inappropriate as a location for a new sewage treatment plant as well as inappropriate for sewage sludge and effluent application or disposal . 2 . Drinking Water. . Land application of sewage sludge and effluent in the Primary Zone of the Delta poses risks of adverse impacts to water quality from the potential escape or release or runoff of sewage sludge and contaminants into the Delta water "pool" . Approximately two-thirds of the population of the State of California receives at least some of its drinking water from the Delta. There is a constant effort to maintain and/or improve the water quality in the Delta waterways through control over urban nonpoint discharges, close monitoring of urban wastewater discharges into the Delta, testing and monitoring of pesticide discharges from agricultural drains, etc . 3 3 . Potential Adverse Impacts on Delta Agricultural Lands . Placement of sewage sludge results in placement of materials containing salts, metals, and other contaminants on a site . These materials are not removed during secondary or tertiary treatment of sewage. These materials may build up over time, resulting in cumulative adverse impacts to cultivated crops due to bioaccumulation, concentration of metals, and increased salinity. . You should also be aware that many organizations including Tri Valley Growers, Del Monte, and Heinz have notified farmers they will not purchase crops grown on lands where sludge has been applied. Construction of new sewage treatment plants would directly displace agricultural use of Delta Primary Zone lands with hard surfaced parking lots and driveway°s, administrative buildings, labs, storage facilities, and treatment facilities . 4 . Wildlife Habitat on Agricultural Lands . Land and waters in the Primary Zone of the Delta serve as year round and seasonal wildlife habitat for numerous species of resident and migratory birds, ducks, geese, sandhill cranes, and others . Many thousands of acres of land used for row crops are flooded in the late fall and winter for habitat . Wildlife and wildlife habitat could be adversely affected by sludge application in the Primary Zone of the Delta. Location of a new sewage treatment plant could displace habitat for rare, threatened, or endangered species . The recently prepared SB 34 Delta Levees Master Environmental Assessment (October 1995) lists 71 "special status" species of plants, birds, mammals, reptiles, amphibians, invertebrates, and fish in the Delta. Of these, 11 are rare, endangered, or threatened species including plants, birds, mammals, reptiles, inspects, and fish. Several of the species of threatened birds traditionally feed on Delta agricultural fields in summer (Swainsons hawk) or winter (Sandhill crane) . Concentrations of pathogens, heavy metals, salts and other materials inherent in sewage effluent and sewage sludge could have impacts on wetland ecosystems, riparian habitat and wildlife food chains, and possible affect rare, threatened, or endangered species in these areas . 4 AOe In summary, on behalf of the Commission, I urge you to protect the Delta Primary Zone from possible adverse impacts outlined above through denial of any new application for new sewage treatment plants, or areas for disposal (land application) of sewage sludge or sewage effluent while the proposed regulation is being processed. Please feel free to call the Commission' s Executive Director, Margit Aramburu, if you have questions about this letter. Sincerely, 1 Pat cC rty Ch irm n CC: Planning Director Delta Protection Commission 5