Donner Summit PUD Fined Again For Polluting the South Yuba River
Water Board Order to Include Discretionary Penalty
Published on Jan 6, 2009 - 4:16:21 PM

By: South Yuba River Citizens League (SYRCL)

Nevada City, CA Jan. 6, 2009 - Today, the South Yuba River Citizens League (SYRCL) posted comments in response to the Central Valley Regional Water Quality Control Board's (Regional Water Board) Administrative Civil Liability Compliant against the Donner Summit PUD for failure of their treatment plant to meet limits for nitrate and ammonia in their effluent discharged to the South Yuba River. The Administrative Complaint, dated November 26, covers violations from the period January 2007 to September 2008, and assesses a fine of $49,000. SYRCL's comments cite water quality monitoring data that suggests that thresholds for coliform, turbidity and total suspended solids were also exceeded, and requests that the Regional Water Board's Complaint include an accounting of these possible violations.

"The Water Board presented a rationale for fines of $316 million based on the extent and duration of these recent water quality violations. This suggests a serious problem with the plant meeting water quality standards. Our principle concern is that DSPUD appears to be seeking a permit to increase their maximum discharge without an appropriate investment in improving the quality of the effluent they put into the South Yuba River," states Jason Rainey, SYRCL Executive Director.

SYRCL's Science Director Gary Reedy completed an assessment of DSPUDs wastewater discharge and impacts on the South Yuba River in a report released in September 2008 (available at yubariver.org). The report was prompted by the Regional Water Board's investigation into heavy algae blooms, or "biostimulation" in the South Yuba through the summer. In this latest comment to the Regional Water Board, Reedy writes "DSPUD and their consultant have attempted to cast doubt on the linkage between nitrate levels in their effluent and biostimulation in the South Yuba River, yet the record concerning excess nitrate discharge into the South Yuba River leaves little uncertainty."

This weekend, January 9-11th, SYRCL produces their Wild & Scenic Environmental Film Festival in Nevada City-the largest festival of its kind in the US. Several of the over 120 films feature stories documenting the deteriorating state of water quality, the privatization of water, and the decline of river and ocean ecosystems across the globe. "Films like 'One Water' and 'FLOW' make clear that we have an uphill battle in securing a healthy and safe water future. If we can't it right in our headwaters, everyone downstream will pay for compromised water quality," states Rainey.

A History of Violations

The Regional Water Board fined the Donner Summit PUD $204,000 in 2007 for wastewater discharge violations in the years 2000-2006. Those previous fines were not paid, but "credited" by receipts presented to the Regional Water Board for operational improvements. This most recent Administrative Complaint does not provide DSPUD with such an option. The $49,000 figure is made up of $24,000 for "minimum mandatory penalties" associated with violations of effluent limitation for nitrate and ammonia, and a "discretionary penalty" of $25,000. The factors considered in assessing the discretionary penalty include:

- Prior history of violations - The 2007 Order listed 74 violations of waste water discharge limitations. Also, DSPUD received a Notice of Violation in August 2008 for violation of their requirement to "not cause fungi, slimes, or other objectionable growths" downstream of their discharge. Excess nitrate in discharge during June 2008 was found to be a contributing factor to algae blooms in the river eliciting complaint by a significant number of citizens.

- Extent and gravity of the violations - The nitrate limitation of 10 mg/L went into full effect in April 2007. The current discharge permit for DSPUD was issued in 2002 but provided a 5-year period for meeting compliance with nitrate and ammonia limitations. Nitrate limitations were seriously violated eight times during 15 months of discharge in 2007-2008.

- Economic benefit - DSPUD..."has gained an economic benefit by delaying an engineering solution. The economic benefit is considered to be the deferred cost of implementing the project; more specifically, the delay in paying the interest on a loan to complete the work."

The Administrative Complaint states "The only way to prevent further violations from the discharge would be for the facility to be upgraded to remove the constituents while undergoing treatment. Donner Summit PUD asserts they experience difficulty in nitrifying and denitrifying in cold temperatures and high altitudes. However, a review of case files for other dischargers located at high altitudes within the Sierra Nevada mountains finds that they have succeeded in fully nitrifying and denitrifying wastewater under similar conditions."

The quoted text above comes from the documents available at:

http://www.waterboards.ca.gov/centralvalley/board_decisions/tentative_orders/donner_summit_aclc/r5-2008-0626_cov.pdf

http://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/nevada/r5-2008-0626_enf.pdf

The contact for these documents is Spencer Joplin, Water Resource Control Engineer [916-464-4660], Central Valley Water Board, Rancho Cordova, NPDES Enforcement.

Donner Summit PUD is due for a new discharge permit. A tentative draft permit is scheduled for distribution in February with public consideration at a Regional Water Board in March. SYRCL will be advocating for protection and restoration of the headwaters of the South Yuba River by continuing to monitor water quality conditions and participating in Regional Water Board hearings concerning violations and permitting of the Donner Summit Waste Water Treatment Plant.

Founded in 1983, SYRCL's mission is to protect and restore the Yuba River and the greater Yuba Watershed. SYRCL has over 4500 members and supporters and is a tax-exempt 501c3 non-profit organization and produces the Wild & Scenic® Environmental Film Festival. For more information and support: www.yubariver.org.

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