6/7/11
As the city of Arcata continues its largest expansion ever of its renowned wastewater treatment marshes, the status of its sanctuary ponds remains a question in the eyes of regulators.
Arcata staff and the North Coast Regional Water Quality Control Board said they are working on finding common ground for permitting without having a designation.
The city applied for a designation -- which would clarify whether the city's three sanctuary treatment ponds are considered federal or state waters -- from the U.S. Army Corps of Engineers last August.
The city is worried that an apparent shift in how the marshes are viewed by regulators could force it to spend millions to develop a new treatment system and potentially imperil the marshes. The North Coast Regional Water Quality Control Board, however, isn't convinced that the way the wastewater is treated now is best for the marshes and their ecology.
Environmental Services Director Mark Andre said the city has decided to shift its focus from the designation to working on a water board permit.
”It's possible that (the designation) will be put aside for now while we're working on this other stuff,” he said.
The city is currently pursuing a significant expansion of its marshes. The two new ponds will be within the city's corporation yard property and are not subject to the designation discussion, Andre said.
Laurie Monearres, the regulatory north branch chief for the Army Corps of Engineers, said the process for the three existing sanctuary ponds is currently on hold.
”We're waiting on some more information from (Arcata),” she said. “It's possible that they may be withdrawing their request.”
Monearres said the designation would help determine what regulations and permits the city can obtain from the Army Corps.
In the meantime, the city said the discussions with the water quality control board are progressing.
The agency has said that it believes the ponds have always been subject to federal regulations .
The water board staff believe that the marshes, into which treated wastewater flows before eventually being discharged into Humboldt Bay, are subject to federal Clean Water Act regulations. They are “waters of the United States,” according to the regulators.
Board Executive Officer Catherine Kuhlman said she hopes a permit can be issued by next summer. Staff of both parties have been meeting to look at permitting options that treat the ponds as waters of the state in order to gain regulatory flexibility, she said, adding that there are many options the staff is considering.
”We all want to get to the same place, but we have some bureaucratic knots to untie,” Kuhlman said.
Andre said the plant's priority is still to ensure that water is treated before it goes into Humboldt Bay. He said he is optimistic about the discussions.
”I'm pleased that (the water board) is acknowledging the individuality of our system,” Andre said. “Therefore, the permit end should be tailored to the attributes, and that's important to us.”
