Healdsburg to appeal wastewater decision
Issue could end up before U.S. Supreme Court
February 25 / By Ray Holley / Healdsburg Tribune Editor
The city of Healdsburg will appeal a January 23 U.S. District Court ruling that requires the city to acquire a federal permit to discharge wastewater to an old gravel pit near the Russian River.
Calling the decision "troubling," Healdsburg's attorney, Peter McGaw, said that he will ask the court to delay its decision while it is appealed to the Ninth Circuit Court of Appeals.
The city was sued three years ago by Northern California River Watch, which asserted that the Basalt Pond, a 58-acre pit which has been used for Healdsburg's wastewater for decades, is part of the Russian River ecosystem and subject to the rules of the federal Clean Water Act.
Healdsburg disagreed, saying that the discharge is part of its treatment process, and that the wastewater is clean by the time it percolates through the soil underlying the pond.
Judge William Alsup sided with River Watch, and ordered the city to get a federal permit by April 22, which the city says is not possible.
Healdsburg Public Works Director George Hicks said that he has applied for the new permit, but hopes that the appeal will make it unnecessary. "The court decision leaves us no choice but to appeal," said Hicks.
McGaw said that Alsup acknowledged during the trial that his decision would be subject to appeal, no matter which side he favored. River Watch spokesman Toben Dilworth agreed. "This (the appeal) is not a surprise to us," said Dilworth, "but we're confident that the Ninth Circuit Court will uphold the decision."
Indeed, the Ninth is known of late as a "liberal" court, made famous by its decision that the words "Under God" have no place in the Pledge of Allegiance. If Alsup's decision is upheld, Healdsburg will have a choice to appeal to the U.S. Supreme Court.
Meanwhile, Hicks is trying to plan a wastewater treatment plant in between court appearances. "We're going to try not to let this sidetrack our plans for our treatment plant project, he said."