Malibu Sewer Talk

This is a weekly series of questions from the Malibu community to the mayor. Its purpose is to communicate information about the issues of concern and interest to Malibu residents. Please let me know if you want your name used or wish to remain anonymous.

This week, we have several questions from about the proposed .

What is the factual history to date of the planned sewer in the Civic Center Area?

On Nov. 5, 2009, over the city's objection, the Regional Water Quality Control Board (RWQCB ) adopted Resolution R4-2009-007 approving a State Basin Plan amendment that prohibits discharge from onsite wastewater disposal systems (OWDS) within the Malibu Civic Center Area. City staff, along with City Council members, scientific experts and many Malibu residents, testified at the hearing against the resolution and presented alternative plans as well as other scientific studies.

On Sept. 21, 2010, over the city's objection, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2010-0045 approving the same Basin Plan Amendment. The amendment confirmed the prohibition of onsite wastewater disposal systems. The State Office of Administrative Law approved the basin plan amendment on Dec. 23, 2010 and thereby confirmed the final step of the OWDS prohibition. The , council members, and Malibu residents again testified against the resolution and called upon the state board to receive new information and delay its decision in light of new scientific results. 

Since the resolution was passed against the city's objections, the city was bound to move forward in order to assist our residents and property owners. A Memorandum of Understanding (MOU) was successfully negotiated by the city of Malibu and the RWQCB/SWRCB on Aug. 19, 2011 The MOU sets forth milestones and responsibilities for a phased schedule that would lead to construction of a centralized wastewater treatment facility in the Civic Center Area. 

The city has been performing the work necessary to comply with the MOU. This work includes all of the preliminary design for the sizing and location of a collection system, recycled water system, treatment plant, dispersal and storage options and environmental work. Eventually, a benefit assessment district would be identified and voted upon by those receiving the benefit of a wastewater treatment system. The centralized wastewater treatment facility could be constructed in phases to allow expansion of the treatment facility as necessary to meet the entire prohibition area. 

Those areas within the prohibition boundary that are not connected to a centralized wastewater facility by the timelines identified within the MOU, would be subject to fines and penalties in an amount up to $10,000/day as determined by the RWQCB.

Who will be able or required to hook up to the sewer and have priorities of hook up been established ?

By November 2015, those properties within Phase 1 of the MOU are required to hook up to the treatment facility. Phase 1 includes the existing commercial property owners within the Civic Center Area. By November 2019, those properties within Phase 2 of the MOU are required to connect to the treatment facility. Phase 2 areas generally include Serra Canyon, Malibu Colony and the Civic Center Way condos. As part of the MOU, the city was able to modify the implementation timeline of the phases as well as change the properties included in each phase. Specifically, residential properties, elementary schools and churches were removed from Phase 1 and have been moved to Phases 2 or 3. 

Who will own and maintain the sewer system?

The city of Malibu will be the owner of the sewer system and be responsible for maintenance. The assessment district fees would pay for the construction as well as ongoing operation and maintenance.

What will it cost to maintain the sewer annually?

At this time, the cost to maintain the facilities will be dependent upon the final design and the requirements that will be established by the RWQCB.

How much money has been spent to date, how much is it anticipated to cost in total and where is the money coming from? 

Approximately $2.5 million has been spent to date on preliminary design work.  It is estimated that the total cost for design, permitting, land acquisition and construction for Phase 1 will cost approximately $30 million. In order to construct the facilities, an assessment district will have to be formed. The properties within each phase will vote on the assessment district. The city is fronting the costs for all of the preliminary engineering and environmental work. As such time an assessment district is voted and approved, the city will be repaid from the assessments. It is likely that a bond or a low-interest state loan program would be used to finance the construction. The financing would be secured by the approved assessments.  

What are the hook up and use fees anticipated to be?

There are no anticipated hook up fees, only a monthly or yearly assessment.  The assessment costs will likely vary depending upon the type and use of a property and will be dependent upon final design and construction amounts.  Residential costs will be lower than commercial. Property owners will have the opportunity to pay the capital construction assessment up front or it will be prorated over the lifetime of the loan. The only cost expected to be incurred up front by a property owner is the cost to construct their onsite private sewer line to the proposed sewer main.

What is the status and summary of the current studies and test borings?

The city's consultant has performed the necessary preliminary test well drilling for use in conjunction with deep well injection of treated effluent. This includes the drilling of three wells to bedrock and performing a geological analysis of the strata. The three wells have been pump tested to determine hydraulic properties. Data has shown the wells to be reasonably transmissive and has provided positive indicators that a deep well injection process would be successful. 

The second step in the well testing process has begun. This step includes a geophysical and geotechnical assessment of the near-shore strata and modeling work. Upon completion of this step and further positive indicators, the final step will be initiated. The last step in the deep well investigation will include the full size test well to confirm feasibility and provide the basis of final design.

These well injections are NOT the same as those wells that are associated with an increase in seismic activity and fracking. Hydraulic fracturing (fracking) wells that have on rare occasion caused seismic activity are significantly different than the proposed dispersal wells. Fracking wells are typically several thousand feet deep and require bedrock to be altered in order to extract oil or gas. The dispersal wells that are proposed are only about 100 to 150 feet deep and do not penetrate bedrock. The use of well injection for dispersal of treated water will not cause seismic activity or fracking.

How will the resultant reclaimed water and waste be stored or disposed of?

It is the goal of the city to maximize the use of the treated effluent. The effluent will meet the state requirements for Title 22 recycled water. The water will become available for use at parks, medians, parkways, private landscaping, and other uses. Residences that are part of the system will have the opportunity to use the treated water for landscaping at their homes (thus reducing their use and cost for imported water). At this time, the storage of the water has not been fully determined. If the recycled water exceeds the reuse capacity, it is anticipated that the excess will be disposed in the proposed deep well sites in accordance with all permitting regulations.   

What is it that the Colony and Serra residents will vote on regarding the sewer?

The Basin Plan amendment requires the Colony and Serra property owners to cease discharge from their OWDS systems by 2019. It is anticipated that each homeowner group will vote on whether to form their own benefit-assessment district that would enable them to fund the necessary sewer improvements.  The sewer improvements would allow them to connect to the proposed sewer facilities. The cost for each homeowner will be identified prior to a vote on the assessment district.

What open issues are there and how are they being addressed by the city?

At this time, the city is working on the completion of the deep well injection investigation. It is anticipated that this process will confirm that there is sufficient disposal capacity for a centralized treatment facility. The confirmation of the disposal site is critical in the design process. If the disposal site is confirmed, the City will then be able to move forward with the final design, environmental impact report (EIR) and permitting process. Funding for these future steps will be on a City Council agenda soon. 

The city will also need to identify and secure the final site for the treatment facility.  During this time, the final cost estimates will be identified and assessment district information will be determined. A vote of the initial phase of the assessment district will be required to proceed with Phase 1 of the construction. Phase 1 construction will include the collection system, recycled water system, dispersal system and the wastewater treatment facility.  

If you have a question for Mayor Rosenthal, send it to lrosenthal@malibucity.org.