Legal Aspects to Be Studied : Decision on Dana Point Sewage Delayed

Split over a proposal to reduce treatment of sewage discharged into the ocean off Dana Point, six members of a south Orange County treatment authority voted Thursday to return to individual water boards to discuss the legal implications of emerging environmentalist opposition to the plan.

The unanimous vote, combined with an order to cease active pursuit of the plan, amounted to a delaying action to await a federal agency’s decision on a request by the South East Regional Reclamation Authority (SERRA) for a waiver of U.S. Clean Water Act standards.

“I’m very disappointed,” said Dr. John F. Skinner, who opposes the plan as a health hazard for swimmers and surfers, citing recent studies linking gastrointestinal illnesses to swimming in water polluted with human waste.

“They have enough information now to make a decision,” said the Newport Beach internist.

Three coastal entities--the City of San Clemente and the Dana Point and Capistrano Beach sanitary districts--have gone on record in opposition to reducing sewage treatment levels below current standards.

Interested in Cost

The inland Moulton-Niguel and Santa Margarita water districts want to pursue a waiver that would permit sewage treatment to drop below federal Clean Water Act standards to reduce future costs.

The City of San Juan Capistrano, which has scheduled a public discussion on the issue at its Aug. 6 City Council meeting, would like to wait for the U.S. Environmental Protection Agency’s decision on granting a waiver before it decides to pull out, said city Public Works Director William Murphy.

“The general sentiment now is that we probably don’t want to (reduce treatment levels), but we deserve to have the ability to use it if we need to,” said Murphy, who sat on the joint powers agency’s regular meeting Thursday in place of late-arriving City Councilman Lawrence Buchheim.

Currently, Clean Water Act standards require sewage discharged into waterways or the ocean to be given what is called secondary treatment, which removes 99% of all pathogenic viruses and 95% of pathogenic bacteria in the effluent.

Less Strict Standards

If granted a waiver, the authority and member agencies with their own treatment plants would have to meet the less stringent California Ocean Plan standards. Proponents argue it could save $10 to $14 annually per sewer connection.

SERRA’s legal counsel was asked whether a majority vote of the six-member authority was required to reduce treatment levels if a waiver were granted. The answer provided to members in executive session Thursday was not clear cut on that issue.

But attorney Alexander Bowie did point out that increasing “local interest” in the issue could result in protracted court challenges and costly environmental impact studies, and bring them under the jurisdiction of the state Coastal Commission.

SERRA members were scheduled to return with comments from member water agencies at the next meeting at 2 p.m. Aug. 8.