On December 30, 2011, the Sacramento Regional County Sanitation District (SRCSD) filed a lawsuit in the Sacramento Superior Court requesting relief from the filtration, disinfection, and ammonia removal requirements contained in its new wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board (Central Valley Water Board) in December 2010. These resources have more information on this action:
Sacramento Delta Solutions newsletter: SRCSD Files Lawsuit Requesting Relief from Costly Wastewater Discharge Permit Requirements
SRCSD press release: SRCSD Files Lawsuit Requesting Relief from Wastewater Discharge Permit Requirements
SRCSD's Position
The State-mandated permit contains new, very strict requirements resulting in the need for new treatment processes at the wastewater treatment plant that are estimated to cost $2 billion. This will require significant rate increases over the next 10 years for existing homeowners and businesses, with proportional increases on new development that connect to the sewer system.
SRCSD's position is that the permit requirements were not based on clear rationale and sound science and despite their high cost to Sacramento ratepayers, will not produce a meaningful public health and environmental protection benefit in the Sacramento River and Delta. The filtration and disinfection requirements were based on a risk standard that far exceeds all Federal and State water quality standards for pathogens, including USEPA national criteria, and sets a new precedent for restrictive limits on wastewater treatment.
In January 2011, SRCSD filed an appeal on portions of the permit with the State Water Resources Control Board (State Water Board) to review the Central Valley Water Board's decision. The State Water Board did not render a decision on the appeal by the legal December 23, 2011 deadline, but invoked a procedural option that allows it to consider the appeal with no statutory timeframe. With no assurances as to when such a decision may be made, what issues may be reviewed, or if a decision may ever be made, SRCSD had to protect its ability to seek relief through the legal process by filing suit against the Central Valley Water Board.
Ratepayer Impacts
Ratepayers in every segment of the greater Sacramento region - homeowners, businesses, schools, government, etc. - will see their wastewater treatment rates increase significantly over the next decade because of the new permit. During that timeframe, it is likely that residential monthly rates will triple, and impact fees charged to new development will also see major increases.
The first actions being taken are various studies and testing necessary to meet the permit compliance date of December 2020. The District has begun a pilot project at the treatment plant to test various process train alternatives and determine which processes should be used for full scale implementation to meet the new discharge requirements.
Learn more about short and long-term rate plans.
Other solutions to help mitigate cost
Sacramento's regional leaders are currently working on many options to help offset future costs associated with upgrades to SRCSD's wastewater treatment plant. Most recently, many community leaders stepped up to help pass Assembly Bill (AB) 134 which was signed into law by California Governor Jerry Brown on, September 6, 2011.
AB 134 - authored by Assemblymember Roger Dickinson (D-Sacramento) and co-authored by Senate President pro Tempore Darrell Steinberg (D-Sacramento), Senator Lois Wolk (D-Davis) and Assemblymember Alyson Huber (D-El Dorado Hills) - will provide SRCSD the opportunity to apply for a water rights permit for the amount of water it treats and puts into the river. This means SRCSD could market the water to a willing buyer or recycle it for projects in or outside of the Sacramento region. This could provide a revenue stream to help offset the significant costs of required treatment plant upgrades.
Learn more about this legislation.
Documents related to the permit and its impact:
BIA's potential fee increase feasibility analysis >>>
Fact Sheet: Summary of key findings of the UOP study – November 2011 >>>
Fact Sheet: SRCSD Stands by $2.06 Billion Cost Projection >>>
Fact Sheet: Setting the record straight on issues & allegations >>>
Fact Sheet: Future Rate & Fee Estimates >>>
Fact Sheet: Cryptosporidium and Giardia recommendations >>>
SRCSD's letter to the Central Valley Water Board about its concerns with California Department of Public Health's (CDPH) rationale as demonstrated by CDPH staff emails obtained through a Public Records Act request. >>>