The book is closed on a legal dispute that began more than three
months ago between the City of Hollister and two county agencies
regarding the construction of emergency wastewater ponds in
Hollister.
The City Council approved the completion of a court
–mandated environmental review about the storage ponds this week
that ended the lawsuit.
The book is closed on a legal dispute that began more than three months ago between the City of Hollister and two county agencies regarding the construction of emergency wastewater ponds in Hollister.
The City Council approved the completion of a court–mandated environmental review about the storage ponds this week that ended the lawsuit.
“The legal issue is closed,” said John Gregg, executive director of the water district.
The San Benito County Water District and the county took Hollister to court Nov. 26 alleging the city had neglected completing an environmental review before construction began on two emergency ponds designed to prevent major flooding during a season of severe rain.
Forecasters predicted the current winter – an El Nino season – to potentially reach precipitation levels that may have surpassed the wastewater plant’s storage capacity.
The lawsuit requested the project be halted, stating the ponds were not an “emergency” according to the California Environmental Quality Act and because the city had not performed an environmental review.
During the court proceedings the city contended with urgency on two separate fronts. For one, the state had ordered completion of the project by Jan. 1 as part of Hollister’s penalties for a 15-million gallon sewage spill May 4. If the city failed to finish by that deadline, it would have been fined $150,000 – one of six construction deadlines subject to fines until October 2005.
Also, the rainy season had begun and officials were concerned about possible consequences without the security of the ponds.
At the hearing, Superior Court Judge Steve Sanders ruled against stopping construction, but he mandated the city could not fill the ponds until completion of an environmental review.
Gregg said the county agencies were satisfied over the environmental review process – and the city’s cooperation – in the aftermath of the legal feuding during November and December. He said the city adequately included the two county agencies in all major decisions made during the review process.
“It’s a good beginning,” he said. “There are a number of cooperative efforts ongoing between the three agencies.”
The environmental review, performed by the Monterey-based firm of Denise Duffy and Associates, was completed Jan. 31, but the issue came up for mandatory public comment and review period until the Council’s recent approval. According to a staff report, there was no official public comment on the matter, including from the county or water district.
“Unlike a number of other project development and environmental review processes that have gone on in the county,” Gregg said, “in this one, the agencies got together early and identified the issues early in the process.”
Councilman Tony LoBue said: “I think it’s good that we’re getting this close to our milestones. We hit the one (Jan. 1). It’s too bad that happened between the county and city. The bottom line is, we need to move forward and not look back on what happened.”
The El Nino season that theoretically ends in April has been unexpectedly mild, according to wastewater officials, and the ponds have not been needed.
“At this point, I can’t say whether they’ll be needed or not,” Hollister Utility Manager Jim Perrine said. “Because of two months of dry weather, it’s much more unlikely we’ll need to use it for emergency storage.”
Gregg said after a scheduled October completion of the Interim DWTP Improvement Project, the ponds are supposed to be abandoned or left unused. If the city wants to use the emergency ponds again, officials must make that request to the Regional Water Quality Control Board, according to Public Works Director Clint Quilter.
