Tuesday, October 07, 2008

Status: Carmel-by-the-Sea’s Exception Application to the California Ocean Plan ASBS Waste Discharge Prohibition

ABSTRACT: On the October 7, 2008 City Council Agenda is a Resolution “authorizing payment of $7,000 to Peter Raimondi of University of California-Santa Cruz to analyze and interpret biological data, as required by the State Water Resources Control Board.” A HISTORY OF CORRESPONDENCE BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND STATE WATER BOARD, with links to each letter, & EVENTS CHRONOLOGY, are presented. Peter Raimondi’s project is expected to be finalized by December 2008. Upon funding this UCSC project and completion by Raimondi, the State Water Resources Control Board will consider the City’s application for an exemption to the Area of Special Biological Significance (ASBS) waste discharge prohibition complete. Once the exception application is deemed complete, the “State Board staff will prepare the necessary documents for the exception. These include an appropriate environmental document and a draft resolution with detailed conditions, if staff recommends granting the exception.” Then the “State Water Board must provide public notice and hold a hearing before acting on an exception request. Second, the Board must comply with the California Environmental Quality Act. And, third, the Board must make two findings that:
(1) The exception will not compromise protection of ocean waters for beneficial uses; and
(2) The public interest will be served.”

(Source: Ocean Plan ASBS Exceptions. What are they? Why do you want one? How do you get one?) REFERENCES, with links, are presented as background information.
Note: The State Water Board adopted exceptions to the ASBS discharge prohibition to the University of California San Diego Scripps Institution of Oceanography (SIO),provided that the Regional Water Board’s waste discharge requirements included 19 conditions, and to the USC Wrigley Marine Science Center (WMSC), with similar mitigation conditions, because it was determined to be in ”the best public interest.”

AGENDA
Regular Meeting
Tuesday, October 7, 2008


VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

J. Consideration of a Resolution authorizing payment of $7,000 to Peter Raimondi of University of California-Santa Cruz to analyze and interpret biological data, as required by the State Water Resources Control Board.

HISTORY OF CORRESPONDENCE BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND STATE WATER BOARD & EVENTS CHRONOLOGY
ASBS 34 – Carmel Bay

Carmel by the Sea - Public Works:
Date: 10/18/04 Notification Letter from State Water Board

Date: 4/23/07 Notice of Violation Letter from State Water Board

Date: 11/15/07 Exception Application Status Letter from State Water Board

Date: 12/26/07 City initially submitted exception application to the California Ocean Plan ASBS waste discharge prohibition.

Date: 6/03/08 Conditionally Approved Application Letter from State Water Board

Date: 7/23/08 City submitted additional required materials.

Date: 9/10/08 Conditionally Complete Application Addendum Letter from State Water Board
CONDITIONALLY COMPLETE EXCEPTION APPLICATION ADDENDUM FOR DISCHARGES TO CARMEL BAY AREA OF SPECIAL BIOLOGICCAL SIGNIFICANCE (ASBS)

Letter acknowledges the City’s aim of funding for the “purpose of analysis and interpretation of biological data to be performed by Dr. Peter Rainondi of the University of California, Santa Cruz (USCS).

Once funding and completion of project by Raimondi, the City’s application for an exception will be considered complete.

REFERENCES:
Discharges to Areas of Special Biological Significance
Update of ASBS Regulatory and Monitoring Efforts
April 1, 2008
Monterey, CA.


Status Report
Areas of Special
Biological Significance
August 2006


Ocean Plan ASBS Exceptions. What are they? Why do you want one?
Based on a presentation made by Sheila Vassey, staff attorney for the State Water Board, at the ASBS Stakeholder Meeting held in La Jolla on January 13, 2005.

2 comments:

Anonymous said...

Thanks for all the links to useful and informative info. Will the city be granted a exception, that is the question? Keep us informed, thank you.

Anonymous said...

Has a city ever been granted an exception, I wonder?

If the Board must make two findings:
(1) The exception will not compromise protection of ocean waters for beneficial uses; and
(2) The public interest will be served.
what are the arguments the city is proposing to address 1 and 2? How is the public interest served by granting Carmel an exception?