Part two of the City of Hollister’s tribulations with the
Regional Water Quality Control Board officially stamped the
American Civil Liabilities fine on the city Friday for its
15-million-gallon sewage spill May 4.
Part two of the City of Hollister’s tribulations with the Regional Water Quality Control Board officially stamped the American Civil Liabilities fine on the city Friday for its 15-million-gallon sewage spill May 4.
The city’s maximum penalty stands at $1.2 million, despite a recent proposal for the potential liability to reach $1.8 million.
At the first meeting Sept. 19 in Salinas, the RWQCB proposed a $1.2 million “suspended liability” for its staff to reason out and bring back to a vote.
Two weeks ago, staff’s proposal for Friday’s meeting surprised Hollister city officials because its language suggested the potential $576,000 fine additions that the city did not anticipate. Public Works Director Clint Quilter and City Manager George Lewis noticed the discrepancy and sent a letter to the RWQCB objecting to the additional fines.
Matt Fabry, who represents the RWQCB staff, considered the city’s dispute and changed his recommendation late Thursday to the city’s liking. The RWQCB accepted all of Fabry’s suggestions.
“It went well,” Quilter said. “We’re going to keep moving along on what we need to get done.”
The suspension of all fine monies coincides with Hollister meeting deadlines on its long-term wastewater management plan and three additional supplemental environmental projects.
The first $600,000 will be suspended in increments of $200,000 after completion of the first three phases of the LTWWMP. The second $576,000 will also be suspended in increments according to completion of three SEP projects – including a new back-up pond, a new water flow conservation system and a hydrogeologic study of disposal impacts at the city’s treatment plant.
Each potential fine equals the cost of each project: $156,000 for the pond, $126,000 for the conservation system and $300,000 for the hydrogeologic study. Therefore, the total fine potential – $1.2 million – includes $600,000 for missed LTWWMP fines, $576,000 for SEP construction and $24,000 for administrative costs.
Water board staff’s initial interpretation – objected to by Hollister officials – included a lump-sum additional fine of $576,000 if the city missed any deadlines for the SEP projects. Fortunately for Hollister, Fabry’s staff made the change.
Statewide enforcement policy supports the incremental fines because the amount suspended should not exceed the cost of the project, Fabry said.
Friday’s continued episode in San Luis Obispo began right where the meeting in Salinas left off. The board established the well-publicized cease-and-desist order Sept. 19 but did not find time to finalize the ACL fine.
Fabry gave his brief presentation for the ACL fine. Since the city agreed to those provisions, officials did not comment and briefly answered questions from board members.
“We did not speak…” Lewis said.
The city allowed Fabry to orally state its case and also had a letter on file with the board, Lewis said.
If the city does not meet deadlines, all implemented fines would go to the Cleanup and Abatement Fund in Sacramento, which city officials view as wasted local resources.
The best-case scenario would have the city spending the $576,000 on the local SEP projects – which Hollister may have performed anyway – and the $24,000 administrative fee.
Fabry expressed confidence that the city will meet the deadlines.
“I don’t think they’re going to spend those dollars and not be in compliance,” he said.
