Healdsburg wastewater pond's future use in doubt
Judge says federal permit needed to continue dumping near river
February 5, 2004 / By LORI A. CARTER / THE PRESS DEMOCRAT
In a decision that could have far-reaching effects on other Sonoma County communities, a federal judge has ordered that Healdsburg must obtain a federal permit to continue disposing of nearly 500 million gallons of treated wastewater into an old gravel pit along the Russian River.
The decision, the result of a lawsuit filed in 2001 by the environmental group Northern California River Watch, may force Healdsburg and other cities to reconsider their long-term wastewater treatment options.
At issue is an old gravel-mining pit south of Healdsburg next to the Russian River into which the city has been dumping all of its wastewater since 1978, averaging about 430 million gallons annually since 1998.
The 58-acre pond, owned by gravel mining company Syar Industries, naturally filters wastewater from the city's nearby treatment facility before it seeps into the river.
River Watch maintained the gravel pit is part of the river and therefore subject to federal water regulations, not just state guidelines that cover ground water.
Healdsburg officials argued that a state permit allows the city to dump wastewater in the pond, but U.S. District Judge William Alsup sided with River Watch in a 27-page ruling issued Jan. 23.
Peter McGaw, Healdsburg's attorney in the lawsuit, said the city is still trying to determine what the judge's ruling means for its only wastewater disposal method.
"What the city is doing right now is not hurting the river or the pond," he said. "This is a technical, jurisdictional decision that only affects whether the city needs a federal Clean Water Act permit or the state permit that they've had for the last 30 years."
McGaw said it is unclear if getting a federal permit would force the city to change its wastewater disposal operations, adding that the city is considering an appeal to the 9th U.S. Circuit Court.
The ruling ordered Healdsburg to stop further discharges into the pond by April 22, but the court said it would extend the deadline if the city needed more time to obtain a federal permit.
City Public Works Director George Hicks said a federal permit wouldn't necessarily force additional treatment, but "there's a good possibility it might."
"It could cost considerable time and money," he said.
River Watch maintains the pond filtration threatens drinking water supplies for 600,000 Sonoma and Marin county residents who rely on the Russian River for clean water. The group contends the discharge should be subject to federal water regulations because the ponds are essentially part of the river.
River Watch program manager Toben Dilworth said the decision is a significant victory that may force other communities to review wastewater disposal options, including Santa Rosa, the largest wastewater producer in the county.
"It's one of those cases that could redefine environmental laws," he said.
Complying with the federal Clean Water Act would force Healdsburg to conduct additional tests of the water dumped into the pond, Dilworth said.
He predicted the decision could discourage other cities from dumping wastewater in gravel pits.
"This pretty much puts a stamp on all of the other gravel pits along the river, so that anyone thinking of using them for wastewater will have to comply with the clean water act," he said. "This is a big victory for us."
Santa Rosa city officials are exploring long-term options for disposing of another 6 billion gallons of wastewater expected with growth over the next 15 years, beyond the 4 billion gallons annually already being pumped to the Calpine geothermal energy plant at The Geysers from Santa Rosa, Cotati, Sebastopol and Rohnert Park.
One of the options being studied is the use of discharge ponds similar to what Healdsburg utilizes.
"This ruling makes it unclear to us what kind of indirect discharge would be acceptable," said Dan Carlson, Santa Rosa's utilities projects manager. "If the gravel pit is one foot away from the river, it's not, but if it's in Nevada, it probably is. What if it's between Nevada and the river? With this ruling, we don't want to waste money on an option that will never come to pass."
In addition to challenging Healdsburg, River Watch has filed lawsuits under the Clean Water Act against cities throughout Northern California in the past two years, including Santa Rosa, Willits, Fort Bragg, Fortuna and Crescent City.
Healdsburg's wastewater problems go back to 1995, when winter storms caused the city's storage pond near the Russian River to overflow its levee, spilling effluent into the river. The levee has broken three times in the past eight years.
Staff Writer Spencer Soper contributed to this story. You can reach Staff Writer Lori A. Carter at 521-5205 or lcarter@pressdemocrat.com.