County and Hollister officials flexed their convictions Monday
over the city’s planned construction of an emergency sewage
pond.
County and Hollister officials flexed their convictions Monday over the city’s planned construction of an emergency sewage pond.
While the San Benito County Board of Supervisors voted unanimously Monday to file a lawsuit against the City of Hollister to halt construction, City Council later in the day voted unanimously to start building the pond.
Meanwhile, the state’s Regional Water Quality Control Board also voiced its stance.
A letter faxed from the RWQCB urged city officials to move forward with construction of the seasonal storage pond.
Officials from the SBC Water District and the county also received a copy of the letter, which was signed by Roger Briggs, executive officer of the RWQCB.
“I’m really sorry that one agency has to sue another to get something done,” county Supervisor Rita Bowling said.
Officials from the county and the SBCWD contest the seasonal pond does not meet the requirements of the California Environmental Quality Act’s definition of “emergency.”
Before the Council meeting, Hollister City Attorney Elaine Cass received a “Writ of Mandate and Injunctive Relief.” By law, the county must now file a lawsuit by the end of today’s business.
Council adopted the project in September to hold excess sewage during the rainy season, especially this year with predicted El Nino conditions through April.
RWQCB members also ordered the project as part of its Administrative Civil Liabilities fine – with a completion deadline of Jan. 1.
The ACL stems from the 15 million gallon sewage spill May 4 at the city’s wastewater treatment plant.
The seasonal storage pond deadline is the first of six Hollister must meet before Oct. 15, 2005 in its Long-term Wastewater Management Plan or pay fines up to $300,000.
If the city misses the first mark, it must pay the state $150,000.
The County’s offense
The Board of Supervisors held a special meeting at 2 p.m. Monday and voted 4–0 in favor of seeking the injunction. Supervisor Ron Rodrigues was absent.
Supervisors said despite the way some officials and citizens are describing it, the lawsuit is not a power struggle between the city and the county.
“The actions we are taking here are not jurisdictional. It’s about the health and welfare of this entire community,” Supervisor Richard Scagliotti said. “It’s about moving 81,000 cubic feet of dirt and deepening two ponds by four feet without having an assessment done on what this could do to the environment, not only of Hollister but the community as a whole.”
The Board contests the plan because in 1996 the county approved the construction of the current sewer ponds.
John Gregg, executive officer for the county water district, said county officials did not take the legal action lightly.
“We have no intent of placing the environment or city at risk,” Gregg said.
He said in recent history San Benito County operations have not worked proficiently according to CEQA. Gregg said county officials are in a difficult and challenging position, one they do not relish.
Gregg has full support from other county officials.
“One of the conditions was that they were supposed to do that environmental report, but they never did and I do not trust the city,” Supervisor Bob Cruz said.
Bowling said although she did not enjoy taking legal action, she felt it was necessary regarding the situation.
The city’s defense
In his report to Council Monday, Hollister Public Works Director Clint Quilter called the project “an emergency project necessary to prevent an emergency.”
Quilter’s argument for the go-ahead before Council pointed out the plan’s purpose and impending risks without the added storage.
Other than the expected “wetter than normal winter,” Quilter said two major technical aspects of treatment are not currently reliable, including flow measurements and “air flotation.”
Such inadequacies pose dangers during times of high precipitation, he said.
“There’s an immediate need to pursue protective measures,” Quilter said.
If precipitation reaches 1997-98 levels, Quilter projected current plant capacity to be exceeded by 21 million gallons.
Council questioned Quilter, not on the pond’s emergency nature, but rather for direction regarding the county’s litigation.
“Is there documentation that would help address their concern?” Councilman Tony Bruscia asked.
Quilter pointed out the letter of approval on the project from the RWQCB.
“We need to move ahead,” Councilwoman Pauline Valdivia insisted and the rest of the Council concurred.
“We need to work together,” Bruscia said. “We want their partnership.”
Mayor Tony LoBue voiced concern over a broader issue.
“I hope they can get their act together and instead of fighting the city, join us in helping make Hollister a better city,” LoBue said. “If the county and water district do stop this project and we have a disaster, none of them will be able to wash their hands of this mess. They’ll be the ones responsible for damage.”
If the county did halt the project and a disaster occurred, LoBue said he would petition the city to file a counter-suit to recover any financial losses – including the $150,000 ACL fine.
Free Lance Assistant Editor Jed Logan contributed to this report.
