Woodland Vows to Go It Alone on Surface Water Project if Davis Falters

water-rate-iconCombined with Selenium Accumulating in Davis Wetlands’ Wildlife, This is a Likely Death Knell for Davis’ Hope for a Wastewater Variance or Extension

by Alan Pryor –

Admittedly, the surface water project forum held recently by the City of Davis was well-orchestrated and rather boring with few surprises until near the end. Then, in response to a delicately-phrased question by Elaine Roberts Musser about the financial reliability of Woodland as a partner in the surface water project (an argument initially raised by some other than Ms. Musser), Woodland Councilwoman Martie Dotie assured the Davis attendees in no uncertain terms that Woodland is 100% committed to the project..

She said they had already had their Prop 218 notice providing for a good amount of the revenues they need to support the project. She then indicated they would have another Prop 218 notice next year to fulfill their revenue generation responsibilities to entirely uphold their financial end of the project.

Woodland’s straight-talking Councilman Skip Davies then told the crowd that Woodland didn’t have a choice but to go ahead with the surface water project because of their wastewater problems. He said they have already been heavily fined by the Water Board for wastewater discharge violations and were currently operating without a valid wastewater permit. He then pointedly dropped the bombshell that if Davis decides not to move ahead with the project, that the City of Woodland will do by themselves and there no mistaken that he meant it.

By their tone, it was clear that these Woodland Councilmembers were a bit puzzled at the suggestion that they might be an unreliable partner when it was Davis that was scrambling to assemble community support for the project. Indeed, after the meeting Councilwoman Dotie privately observed that Davis residents’ commitment to the environment seemed to stop at about $30 per month – alluding to the expected range of monthly water rate increases that would be seen in the average Davis water bill after 5-years to pay for the project.

So, what does Woodland and Davis wastewater quality have to do with the need for this surface water project? Well, it is because both Woodland and Davis are discharging tainted municipal wastewater to wetlands that eventually drain into the Yolo Bypass and on into the Delta. Both Woodland and Davis have similar discharge problems in that they have high selenium and salinity in their wastewater among other problems. The other problems, such as excess ammonia and/or nitrates, are already being addressed by the current waste treatment plant upgrades at each City. But it is the salinity (salt and other mineral concentrations) and the selenium in the wastewater which is causing the greatest concern among regulators. Both of these contaminants in our wastewater are a direct result of the high levels of each in our well water upon which the City is 100% reliant.

Both salinity and selenium have potentially serious adverse downstream effects on agriculture and wildlife  Salt and high minerals in the discharged wastewater are problematic because it eventually ends up in agricultural lands towards its eventual destination in the Delta.

Selenium is a major concern in wetlands because it is bioaccumulative and can cause severe mammalian and avian birth deformities in species living in selenium-tainted wetlands. Readers may recall that it was selenium in agricultural runoff directed into the Kesterson National Wildlife Refuge near Los Banos that caused an environmental disaster in the 1980s. It resulted in the annual disfigurement and death of thousands of newborn animals and bird hatchlings and eventually required the complete shutdown and drainage of the refuge. It was only reopened after removal of thousands of tons of sediment over the course of several years to rehabilitate those wetlands at a cost of hundreds of millions of dollars. Understandably, regulatory authorities have been quite concerned with selenium discharge into wetlands ever since.

And the amount of selenium accumulating in the City’s wetlands’ wildlife is clearly increasing. The following graph illustrates the average amount of selenium found in bird eggs and invertebrates sampled at the Davis wastewater wetlands over the past 10 years.

pryor-oct-1

Both Woodland and Davis have filed for and received extensions for time in the past to meet their respective wastewater discharge standards. In their applications for extensions, both cities have stated that they intended to bring in surface water to each city which would dramatically reduce the annual amounts of these minerals being discharged into their respective wetlands. Davis is currently on its 2nd extension (expiring in 2017) which, if discharge problems are not solved by then, could result in substantial fines levied on the City for violating Clean Water Act discharge standards promulgated by the EPA.  The Water Board has limited ability to grant additional extensions beyond ten years without compelling evidence and there is no mechanism for obtaining permanent relief from primary wastewater discharge standards.

So how much could we be fined if this came about because Davis decided not to proceed with its agreement with Woodland to bring in and treat the surface water? Well, in a recent article published in the Vanguard, Eric Landau of the Water Board was quoted as saying it is the policy of the Water Board to assess fines based on the costs avoided by the violator to come into compliance. In other words, they will fine you all of the money you might have otherwise saved by not coming into compliance. In the case of Davis, the capital costs of the surface water treatment plant option alone are about $10,000,000 per year – or about $27,000 per day. Who knows what rationale the Water Board might use to calculate such hypothetical fines in the future? But clearly the fines could be astronomical over time. The City would also assume a substantial amount of liability directly to the Clean Water Agency for Davis’ violation of its Installment Purchase Agreement with the Agency. Possible additional liability to the City of Woodland might also be incurred for additional costs incurred by Woodland to proceed on the surface project alone.

Without the surface water coming into the city and without obtaining additional extensions, the only viable option the City would have would be to comply with their wastewater discharge standards by other means. The only way this could be accomplished would be to add an additional treatment to the end of its already upgraded wastewater treatment plant to remove these additional constituents. And the only viable treatment option that can accomplish this is reverse osmosis of the already tertiary treated discharged wastewater. So how much would this cost? According to Documents filed with the Water Board by Davis, the cost of this alternative is in “the $600 million range”. (Author’s Note: It appears this figure also includes all of the additional planned upgrades at the wastewater plant).

Davis Councilmember Sue Greenwald has stated that, based on her conversations in the past with “unnamed sources”, there is a good chance that Davis can get a variance for its excessive discharges based on economic hardship. According to the Water Board representative Eric Landau, this is unlikely. It  is all the more unlikely that this argument will be favorably reviewed by the Water Board because our partner in the surface water project, the City of Woodland claims they are willing to proceed without us…and they are comparatively far less wealthy, than the City of Davis.

Thus it is reasonable to assume that we will not get the imaginative variance assumed by Councilmember Greenwald. And additional delays in advancing the water project risks, at minimum, imposition of substantial fines by the Water Board and escalation of both costs and interest rates. In the worst case, if Davis delays too long in fulfilling its obligations to the Clean Water Agency and Woodland, Davis possibly faces significant legal liability to these entities.

This is a very dangerous game of “chicken” being played by opponents to the water project. It has a limited upside potential and an absolutely huge, bankrupt-the-City downside potential. And it all hinges on the veracity of Sue Greenwald’s claims that she has inside information from “unnamed sources” that we can get a variance from our statutory-required wastewater treatment obligations. Well, that may be true but to date we only have Sue’s word on it. If Sue Greenwald has any type of legal opinion or statements from regulatory authorities that such a variance is likely then she should step up and provide such documentation or stop making such unfounded claims.

It does not make any economic sense from a risk: reward basis to potentially lose the ability to participate with Woodland in the Clean Water Agency (at a capital cost of $150,000,000 +/-) by delaying the water project. If Woodland decides we have left them at the altar and moves ahead on the surface water project on its own because of our intransigence, our only viable alternative is spending hundreds of millions of dollars to install a huge reverse osmosis system to treat our wastewater.

And if the City is going to be paying hundreds of millions of dollars one way or another to solve its wastewater problems, it certainly seems prudent that the citizens of Davis should at least receive some beneficial use for spending that money (i.e. enjoying the surface water) rather than just paying to clean up our wastewater to the sole benefit of downstream users.

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Budget/Fiscal

146 comments

  1. Alan,
    Unfortunately, it will be difficult for me to answer this column for a few days because I just won’t have time, but I will answer it when I can.

    The tone of your article is disrespectful, which is too bad because the issues are extraordinary important and need serious, civil and respectful discussion.

    Do you really think that Woodland would turn down our offer to buy into the project when we are ready? That flies in the face of common sense. Their ratepayers will not be able to afford this project to begin with, and will be happy to have our participation at any time, just as we will be happy allow the University to buy in whenever they are ready.

    Woodland could dig deeper wells. The deep aquifer is fine.

    The state has never forced a city to resort to reverse osmosis in the basin.

    The fact that I have reached out to outside experts for advice saved the city $100 million on the wastewater treatment plant.

    When you save the city $100 million by reaching out to the “unnamed” sources, then you might be more entitled to speak in a supercilious manner.

    Gotta go — I’m off.

  2. Is Sue’s argument that we should stick it to Woodland and let them carry the water on the water project for us so we can continue to pollute the delta until we are ready to pay because we are to cheap or tapped out?

  3. Looking at the chart it’s clear to see that the selenium levels are lower
    in 2010 than they were in 2003-2005 and 2007-2008 years. I don’t see how that chart confirms that the levels are drastically rising. If anything it shows that the last 7 years that the selenium levels have leveled out to actually have improved.

  4. We have 11 pairs of data points. Casual eyeballing of a line through the points suggests the selenium levels have gone from about 2/2.5 to 4 in 10 years. The “curve” is up, and use of individual data points is pointless.

  5. Alan: you support putting the huge rate hikes on the ballot, right? You are pro-democacy? Put it on the ballot, and each side can get into the pros and cons of their positions.

    Not putting it on the ballot is the CC treating Davis voters like children who need to be managed. Being a long-time Davis resident and political activist, you are well aware that Davis voters pay attention to detail and are quite likely to get it right in June.

    I have the petitions here at my office, or I will bring one to you to sign, ok?

  6. Quick search on the internet for selenium toxicity thresholds in eggs finds the US fish and wildlife service recommending 6 ug/g dry weight. So our wetlands are half way there. Congratulations Davis!

  7. Michael

    You aer opposed to the surface water project. You have publicly stated you aren’t convinced there is any need. You want to put the rate increase on the ballot because the protest process did not yield an end to the project. You want a do over. Quit the BS. For you its not about democracy, its about killing a project.

  8. Matt: don’t be so sure that your Woodland voters are going to pull the trigger on the big money rate increases that are ahead. Woodland voters also read the Davis Enterprise, and what we are doing here might spread, sort of like a “Yolo Spring” of pro-democracy residents who want to vote on things that matter to their lives. So far, Woodland has done to its voters what the Davis CC majority has tried to do to us: keep these huge rate increases from the voters. 759-8440.

  9. [quote]The tone of your article is disrespectful, which is too bad because the issues are extraordinary important and need serious, civil and respectful discussion.

    Do you really think that Woodland would turn down our offer to buy into the project when we are ready? That flies in the face of common sense. Their ratepayers will not be able to afford this project to begin with, and will be happy to have our participation at any time, just as we will be happy allow the University to buy in whenever they are ready. [/quote]

    I would say the tone of Council member Greenwald’s comments are highly disrespectful, rather than any comments made by the author of this well thought out article. The article is merely questioning/disagreeing with Council member Greenwald’s untenable position of delay, delay, delay. When personal attacks begin coming out of the mouths of those who have had their positions questioned, it is usually because the personal attacker has no good rebuttals with which to refute the probing questions directed towards their indefensible positions. I would suggest Council member Greenwald cease engaging in personal attacks against anyone who disagrees with her position of delay, delay, delay,(and this is not the first time Council member Greenwald has engaged in personal attacks on those who oppose her), and start answering the questions directed her way in regard to her “nuanced” position on the surface water project, to wit: I’m for the surface water project, just not now, not 5, 10, 15, 20 years from now, but perhaps in 25 to 30 years. In effect, this delay tactic is nothing but a maneuver in my opinion to kill the project outright. It is unlikely Council member Greenwald will be in office when all the final fallout from her scenario would start raining down on the city if it were to be unwisely implemented, since it would be over a period of many years that it would happen.

    IMO the comment “Do you think Woodland would turn down our offer to buy into the project when we are ready?” is particularly arrogant and disrespectful. What is being said here, that if unlike Davis, Woodland is foolish enough to go forward and implement the surface water project and chooses to pay for it all by themselves, our city can just opt-in when it feels like it/when it is at our convenience/advantage (in other words when the state starts fining us high enough to start making our decision to delay look foolish)? If I were Woodland, I’d charge Davis a whopping “delay fee” for the privilege of joining in late in the game under those self-serving circumstances on the part of Davis.

    And how well do you think that arrogant and disrespectful attitude by Davis is going to go over with the SWRCB, when our city tries to argue “economic infeasibility” while Woodland, which according the Council member Greenwald is so much more economically incapable of paying for this project, manages to somehow pull together and “git ‘er done” as Larry the Cable Guy would say?

    If we follow Council member Greenwald’s advice, I suspect this city is headed for a more expensive surface water project in the long run – riddled with the costs of steep fines, extra costs of deep water wells we might have to drill, possible subsidence problems, the costs of keeping a crumbling infrastructure going, not to mention shame at showing ourselves to be environmentally irresponsible as our direct neighbors to the north do what is right. The train wreck Ms. Greenwald keep’s threatening is going to happen if we move forward with the surface water project seems to me to be completely inverted – it is the train wreck that will be caused IF WE DON’T MOVE FORWARD WITH THE SURFACE WATER PROJECT THAT I’M MUCH MORE CONCERNED ABOUT.

    One final point – the city of Davis is not the center of the universe… it will take mutual cooperation to get the surface water project done in the least costly manner possible for all concerned.

  10. “Woodland Councilwoman Martie Dotie assured the Davis attendees in no uncertain terms that Woodland is 100% committed to the project..”

    DUH…. What did you expect to hear from the Woodland Council as Davis is about to hold a referendum on it going forward with this project at this time? Politically,”assurances” like this may have some validity… UNTIL THEY DON’T.

  11. DE: we start with the democratic process, and let the chips fall where they may.

    Don’t trust the Davis voters? The CC put Target on the ballot; how silly compared to this huge fiscal suck of our money.

    Keep it up; it will look good in the campaign literature: “Dear Davis voters, they tried to treat you like children and tell you what was best for you and how to spend your precious money in the middle of the worst economic meltdown since the Great Depression, and now they are trying to sell our public water to an international company that has been fined and investigated and fired repeatedly all over the country for e-coli testing fraud, among other things?”

    Like Dan Wolk said, this project is a fiscal and planning mess.

    I am looking forward to the campaign.

    Of course, the CC has the option to simply vote to reconsider, and withdraw the rate hikes. So they dont have to put all of us through this hamburger machine. Maybe they will come to their senses, and cancel the rate hikes, and conduct a full, transparent, and independent study of our well system. (Folks, it has never been done.)

    See you at the ballot box.

  12. “Selenium is a naturally occurring trace mineral that can concentrate in the water.
    In small amounts, it is good for bird health but can be toxic in large doses.”

    So what are the acceptable limits?