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Showing posts with label stormwater pollution cleanup. Show all posts
Showing posts with label stormwater pollution cleanup. Show all posts

Thursday, September 11, 2014

SCC 6/2013 to 8/2014

Round-up of Coastal Land Purchases Funded by the State from June 2013 to August 2014


(NOTE: some of the links in the staff reports do not work in the Firefox web browser, but do work in Internet Explorer)

6/2013 meeting—no purchases
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10/2013 Meeting:

HUMBOLDT COUNTY-McKay Forest: accept $1,000,000 in grant funds from the U.S. Fish and Wildlife Service, and disburse up to $950,000 to Humboldt County to acquire 1,005 acres in the Ryan Creek watershed, tributary to Humboldt Bay, for public access, habitat protection, and sustainable timber production. Coastal Conservancy 10/2013

SONOMA COUNTY: disburse up to $353,711 to the Sonoma Land Trust for the acquisition of the Haire Ranch, a 1,091-acre hay farm located on Skaggs Island within the Napa-Sonoma Marsh Complex. Coastal Conservancy 10/2013
SANTA CRUZ COUNTY: disburse: 1) up to $1,900,000 to the Save the Redwoods League to acquire a conservation and public access easement over the 8,532-acre Cemex Redwoods property near the town of Davenport, and 2) up to $100,000 to the Land Trust of Santa Cruz County to develop a public access plan for the property. Coastal Conservancy 10/2013
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12/2013 Meeting:

LOS ANGELES COUNTY-Ramirez Canyon: disburse up to $200,000 to the Mountains Recreation and Conservation Authority for acquisition of approximately 104 acres of undeveloped land in Ramirez Canyon for open space, habitat and resource preservation and public access, Santa Monica Mountains. Coastal Conservancy 12/2013

MONTEREY COUNTY-Big Sur: accept high bids ($75,000 and $50,000) for the purchase of two Kasler Point Transfer of Development Credits (TDCs), request that the Department of General Services assist in the conveyance of the two TDCs, and authorization for the Executive Officer to negotiate and enter into agreement for and to complete the sale of the Conservancy’s property at Victorine Ranch and to retain the services of a real estate broker to assist in the marketing and sale of the Victorine Ranch property. Coastal Conservancy 12/2013
SONOMA COUNTY: disburse up to $350,000 to the Sonoma Land Trust for the acquisition of the approximately 238-acre Pole Mountain property in western Sonoma County. Coastal Conservancy 12/2013

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January, February and March 2014 meetings—no purchases

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5/2014 Meeting:

SAN LUIS OBISPO COUNTY: disburse up to $4,000,000 to the Land Conservancy of San Luis Obispo County for the acquisition of the Pismo Preserve property located adjacent to the City of Pismo Beach. Coastal Conservancy 5/2014
SANTA CLARA COUNTY: disburse up to $1,000,000 to the Santa Clara County Open Space Authority to acquire the 1,831-acre UTC Coyote Ridge Property, Santa Clara County. Coastal Conservancy 5/2014
STAFF REPORT: http://scc.ca.gov/webmaster/ftp/pdf/sccbb/2014/1405/20140529Board08_UTC_Coyote_Ridge.pdf
SAN MATEO COUNTY: disburse up to $500,000 to San Mateo County Department of Parks to acquire the 174-acre Loma Mar property adjacent to Memorial County Park, for open space, habitat and resource preservation, and public access in the Santa Cruz Mountains. Coastal Conservancy 5/2014
VENTURA COUNTY: disburse up to $843,000 to the Ojai Valley Land Conservancy to acquire and complete a stewardship plan for the 29.38 acre Hatton property along the Ventura River. Coastal Conservancy 5/2014
LOS ANGELES COUNTY: disburse up to $297,000 to Community Conservation Solutions for the Green Solution Project: Upper LA River Watershed, Phase IV to evaluate the storm water capture and water quality improvement projects identified in previous phases of the Project by quantifying and incorporating these projects’ water supply, energy savings, and greenhouse gas emission reduction benefits in Los Angeles County. Coastal Conservancy 5/2014

LOS ANGELES COUNTY-Malibu: authorization to disburse up to $1,500,000 to the Mountains Recreation and Conservation Authority to acquire 703 acres of undeveloped land in Puerco Canyon, for open space, habitat and resource preservation, and public access in the Santa Monica Mountains. Coastal Conservancy 5/2014

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7/2014 meeting no purchases

Tuesday, April 28, 2009

Los Angeles tables storm-water fee hike

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A plan to ask city voters to approve a quadrupling of storm-water pollution cleanup fees is shelved over council concerns that it had been rushed and might not pass.


By David Zahniser

http://www.latimes.com/news/local/la-me-stormwater-fee28-2009apr28,0,1689138.story

April 28, 2009 The plan to ask property owners across Los Angeles to quadruple their storm-water pollution cleanup fees over the next five years has been tabled because of concern that it was prepared in haste and might not pass, city officials said Monday.

To get the additional fees in 2010, the City Council had to decide by this week whether to send out more than 800,000 mail-in ballots -- a process rarely, if ever, used citywide. Council President Eric Garcetti said he feared that the plan, which became public only over the last week, would experience the same fate as Measure B, the solar energy plan defeated in the March 3 election after critics said it had been hurried to the ballot. "It's going to get killed, for now," said Garcetti after discussing the plan at the Los Angeles Current Affairs Forum. Mayor Antonio Villaraigosa's appointees on the Board of Public Works voted last week to move ahead with the mail-in ballot plan, which would have asked property owners to hike their storm-water fees from $23 per year for the average parcel to $99 per year in 2013. Sanitation officials had argued that the money was needed to pay for the cost of maintaining projects being built with the proceeds from Proposition O, a $500-million clean water bond passed by voters in 2004. A council vote in favor of the plan would have allowed ballots to go out in June, and if the measure was approved it would have placed the higher fee on property tax bills in December. Board President Cynthia Ruiz said her agency would now develop a public outreach plan for the fee hikes -- one that highlights successes the Bureau of Sanitation has had so far in removing pollutants from storm water. Ruiz said her agency had been aggressively pushing the fee hikes because it was anxious about the mayor's proposed budget, which calls for a 10% reduction in payroll costs at every department -- a plan that could lead to furloughs and layoffs. The fee hike, if approved, would have provided a $24.6-million per year boost to the sanitation agency's budget. Still, Councilwoman Wendy Greuel said she and her colleagues were troubled by the speed with which the proposal had moved. "A lot of questions couldn't be answered to show that it was ready to go," said Greuel. With ballots being mailed to property owners, the fee hikes would have needed a simple majority vote to pass, not the two-thirds typically required in a regularly scheduled election. Garcetti said that, if possible, he would prefer to use a traditional ballot to win approval of the fee hikes, pointing out that Proposition O easily received two-thirds support in 2004.

Tuesday, March 10, 2009

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Cleaning Up L.A. Stormwater Pollution Creates 2 New Parks


Chavez Recreational Facility Turns Trash into Treasure

http://sga-inc.net/BACKUP/LA_newsletter/Chavez.html

It may be hard to believe that a municipal landfill could one day be transformed into a public park that helps reduce water pollution and increase water supply, but it’s true. The former Sheldon Arleta-Landfill is in the throes of a major conversion that will turn this Los Angeles landfill into a multi-use recreational space that will simultaneously clean up the area’s runoff. It will be named after labor and civil rights leader Cesar Chavez.

City officials and local residents gather for the site’s groundbreaking ceremony.

Once completed, the 44-acre Cesar Chavez Recreational Complex in Sun Valley will not only restore ground water supplies and clean up dirty urban runoff, but also provide the public with basketball courts, baseball fields, bike paths, picnic tables, children’s play areas, and other community amenities. Divided into three phases of construction, the project utilizes the forward thinking idea of retooling an existing City facility into a park with the capacity to provide much-needed green space, recharge ground water levels and reduce polluted urban runoff flowing into the LA River.

Phase I of the project is nearing completion. It will restore the water spreading capacity in the adjacent Tujunga Spreading Grounds, currently operated by the Los Angeles County Department of Public Works, by renovating the existing landfill gas collection system. “Since Phase I is directly related to the improvement of water quality, the Proposition O Clean Water Bond program provided more than $3 million dollars to support this phase,” states Cynthia M. Ruiz, president of the Board of Public Works and Proposition O Administrative Oversight Committee member. “Directing stormwater runoff from rainwater into the ground also provides much needed relief for local potable water demands,” continued Ruiz.

Early estimates show that this project will significantly increase the water spreading activities at the Tujunga Spreading Grounds from the current 11,000 acre-foot/year up to 22,000 acre-foot/year in capturing the rainwater. An added bonus will be the use of the captured rainwater to irrigate the city-block-sized park using enhanced irrigation methods.

Phase II of the project will consist of extensive grading and earthwork to establish proper drainage pathways for the complex, and Phase III will involve the development of the large park and recreational areas. In addition to Proposition O, the project is also being funded by Proposition K, Proposition 40, Proposition 12, the Los Angeles Department of Water and Power, and the Urban Development Action Grant Program.


LAstormwater.org

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http://eng.lacity.org/techdocs/emg/South_LA_Wetlands_Park_IS.pdf

South Los Angeles Wetlands Park Project

Using 9 acres owned by the MTA

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- SCCWRP's March 2008 study on treatment wetlands:

ftp://ftp.sccwrp.org/pub/download/DOCUMENTS/TechnicalReports/559_HabValFreshwaterUrban.pdf
(takes awhile to load)

Wednesday, September 10, 2008

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Court Decision Freezes Stormwater Permitting; Entire Program in Limbo


July 2008 court decision and its aftermath has effectively frozen construction and stormwater permitting in southern California and created a game of high stakes political chicken among the Los Angeles Regional Water Quality Control Board ("Regional Board"), the regulated community, and the Court system.

A decision by an Orange County Superior Court judge ordered the Regional Board to set aside its March 3, 2005 Resolution (No. 2005-003) concluding the 2004 Basin Plan Triennial Review and adopting the 2004 Prioritized List of Basin Plan Issues for Investigations. The court also imposed specific requirements that will apply to any reconsideration of the 2004 Review or to the next scheduled review, and halted any regulatory activity designed to achieve "potential" beneficial uses for storm water and to any regulatory activity relating to water quality standards developed without consideration for economic impacts or for water quality conditions that "could reasonably be achieved."

The decision has sent shock waves through all affected stakeholders. For example, a July 16, 2008 memorandum from the Chief Counsel of the State Water Resources Control Board ("State Board") concludes that the Regional Board must immediately cease enrollments under statewide general National Pollutant Discharge Elimination System (NPDES) permits for discharges of construction and industrial storm water within the Los Angeles Region. This prohibition on new enrollments will remain in effect until such time as the State Board reviews, and, as appropriate, revises the water quality standards in the Los Angeles Basin Plan, as applied to stormwater discharges, in a manner consistent with State law. The freeze on new enrollments means that no new construction projects can begin in this region because all such projects must comply with the construction stormwater program, which has now been gutted.
This decision serves as the most recent chapter in an action brought by a group of 22 Southern California cities, along with the Building Industry Defense fund, against the State Board and the Regional Board seeking to compel these public agencies to correct mistakes of law and procedure committed during the 2004 Basin Plan Triennial Review.

This order reflects the court's judgment that the 2004 Triennial Review failed to give due consideration for the mandatory factors and requirements specified in the state Water Code. The staff report filed with the Regional Board on January 12, 2005 includes a commitment to consider revisions to beneficial uses proposed by staff and stakeholders and states that beneficial uses include "both existing and potential uses" in contravention of Water Code section 13241(a), which states that the uses that may be considered shall be past, present, and "probable future" beneficial uses. Despite this, the plan includes a provision for re-evaluation of potential uses.

The Court also questioned another provision in the Basin Plan that gives high priority to incorporating by reference provisions contained in the California Toxics Rule (CTR) promulgated by the US EPA that sets numeric criteria for priority toxic pollutants for all inland surface waters and enclosed bays and estuaries in California. Although such administrative action would not immediately place new requirements on permittees, it nevertheless revises existing water quality objectives without due consideration for Water Code sections 13241(c), requiring analysis that water quality conditions be reasonably achievable and (d), requiring consideration of economic impact.

This decision sends the Boards of both agencies back to the planning process for Basin Plan reconsideration or review in light of the court's decision. In the interim, and at a minimum, the enrollment of new dischargers in the Los Angeles region under the existing general storm water permits will cease until new Basin Plan standards are approved, or the court's decision is modified or overturned. An appeal of the decision by the State and Regional Board is expected.
For environmentalist activists, the decision clearly constitutes a defeat. Their efforts to use the TMDL process to impose strict discharge requirements on local impaired water bodies will now depend on how the water board balances water quality objectives with the statutory factors enumerated in the Water Code, which mandate consideration of feasibility and economic concerns.

By responding with the drastic measure of freezing all stormwater enrollments, the Regional Board is effectively playing a high stakes game of chicken with the Court and the regulated community. Concurrently, the Regional Board has also sought a new trial. In the interim, the entire local stormwater permitting process remains in limbo.

Kenneth A. Ehrlich is a partner in Jeffer, Mangels, Butler & Marmaro's Government, Land Use, Environmental & Energy Department. The firm has offices in Los Angeles, San Francisco and Orange County.

Saturday, August 16, 2008

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In the Search for Natural Treatment Methods for Urban Water Pollution, Expecting Existing Natural Areas to do the Job Can Be A Hard-Sell

Gentle Treatment
Cities Run Up Against Regulations in Attempt to Go Green
by Lisa Owens Viani

From Terrain Magazine, Summer 2008

http://ecologycenter.org/terrain/article.php?id=13649

What to do with human waste isn't dinner-table conversation, and it hasn't been city hall's favorite topic either. Now, with energy and chemical costs rising and conventional sewage treatment plants needing refurbishing to continue doing their jobs, cities are hunting for a better way to handle sewage—and it's easy to see why wetlands treatment ponds jump to the top of the list. These wetland areas, in which sunlight, soil, plants, and bacteria help break down waste, are often used in combination with conventional treatment, but they are greener and cheaper than the usual method, and they attract wildlife. With its flocks of resident and migrant birds, the treatment wetland at Arcata Marsh has become a major tourist attraction. And treatment wetlands are doable—or at least they used to be.

Treatment wetlands need to be built near an existing plant to minimize pumping costs, close to a potential disposal or re-use site, and on relatively flat land, all of which narrow down a city's site choices. In some cases, there's another hurdle to pass: proposals to create treatment wetlands are getting the ax because the site is already in use & as another wetland. Recently, the North Coast Regional Water Board shot down several cities' proposals on the grounds that installing a treatment wetland could damage an existing wetland on the same site. The board is attempting to protect existing wetlands even if they are seasonal or already degraded by livestock grazing.

But if a little wetlands is good, isn't a whole lot of wetlands better? Does a seasonal horse pasture count as degraded land ripe for a wetlands, or is it a habitat to preserve? Everybody involved in these stand-offs is trying to do the right thing, and the clashes demonstrate the strains between environmentalists with different land-use priorities.

First, though, a word about waste: It's routine for most of us to flush a toilet and not give it a second thought. Unless you have a septic tank (and most urban users don't), the flush goes into a sewer pipe that connects to a wastewater treatment plant. The force of gravity helps carry waste to the plant, but if the plant is uphill, sewage has to be pumped. The plant is likely a large concrete building tucked out of sight, and the only clue you might have to its existence wafts your way when the breeze blows just right.

After the sewage arrives at the plant, large debris is screened out (you'd be surprised what ends up in sewer pipes), and then the sludge is aerated and mixed in large vats. Grease, plastics, and soap are skimmed off the top, and the wastewater is sent to more tanks where it is disinfected using chlorine and other chemicals. Solids are kept for days in large heated digesters where bacteria gobble up as much as they can; the remains are sent to a landfill or incinerator. Some plants make leftover solids into "cakes" or "pellets" to be sold as fertilizer. The disinfected wastewater is discharged—usually via a long pipe—as far out as possible into a nearby bay, river, or ocean. If you've ever been trapped in traffic in the MacArthur maze, you likely noticed that East Bay MUD's treatment plant is located nearby, with its discharge pipe into the bay.

In rural areas where land is still available, treatment wetlands offer a viable alternative. They mimic and function like natural wetlands, with plants, soils, algae, and bacteria filtering and taking up nutrients from the waste. These created wetlands usually work along with some traditional treatment but still greatly reduce the use of energy and hazardous chemicals, as well as maintenance costs. Martinez, Hayward, Palo Alto, and Los Gallinas in Marin County treat their waste with wetlands; Humboldt County's Arcata, Manila, and McKinleyville also use the system, and Petaluma is completing construction.

Treatment wetlands keep waste local: "The worst thing we can do is treat [waste] at the end of the pipe," says treatment wetland expert and Humboldt State environmental engineering professor Brad Finney. "Shipping it off to some place on the other side of the bay where some magical plant pops out a little brick—I'm not interested in that." One of the biggest benefits of treatment wetlands, say advocates, is that they provide much-needed wildlife habitat, helping replace wetlands that have been filled for big boxes or condos.

What about the witch's brew of chemicals that clogs our sewers these days? Finney, who helped write the US Environmental Protection Agency's manual on treatment wetlands, says wetlands probably do a better and safer job of tackling contaminants than traditional treatment. "Worries about toxins are real, but [many toxins] are not removed during conventional wastewater treatment," he says. "With treatment wetlands, you're tightly regulated—you're right there in front of everyone's face. If dioxins start showing up, we can control them, contain them in a treatment wetland. With traditional treatment you send it out there into the bay or ocean and hope for the best. If it shows up in fish in fifty years, it's too late."

Finney was part of a team that studied potential pollution bioaccumulation at Hayward Marsh's treatment wetlands. "It was a comprehensive study, and no significant problems were found with birds, mammals, or other organisms," Finney says. "In fact, we found that the wetland water and sediments were significantly better than the adjoining bay muds and waters. In wetlands, there's an incredibly diverse set of organisms, solar radiation, lots of oxidizing agents, and lots of time—thirty, forty, fifty days of contact [compared to the average three to six days at a traditional plant]. It's likely that that complex environment can handle being exposed to these toxic compounds and also attenuate them better than conventional treatment—it can't do any worse. The key is a lot of opportunities for organisms to naturally break things down."

The downside to treatment wetlands is that they take up more land than those concrete buildings—and some communities have identified sites for treatment wetlands that already contain seasonal wetlands used for grazing cattle or horses. That's how Ferndale and Willits ran afoul of the North Coast Regional Water Quality Control Board—and in the case of Willits, aroused the ire of environmentalists who might be expected to support this greener method of treating waste.

When a proposed site contains a wetland of any kind—or in any condition—state and federal laws designed to ensure no net loss of wetlands come into play, particularly since so many wetlands have been destroyed, and continue to be destroyed, by development. In California, wetlands fall under the jurisdiction of the US Army Corps of Engineers, the region's water board, the US Environmental Protection Agency, and the Department of Fish and Game. Explains North Coast Regional Water Quality Control Board's John Short, "Wetlands, riparian areas, and headwaters are shallow waters, which by their nature are affected most often and severely by filling and excavation." When regulatory agencies allow developers or others to fill or alter natural wetlands, those parties are required to mitigate by creating new wetlands on- or offsite.

In Willits, a long-planned proposal to build full-treatment wetlands on agricultural land that contained seasonal wetlands was turned down by the North Coast water board regulators. "We had the land purchased; we had the design for three levels of treatment," says Willits city manager Ross Walker. "We knew that the deep oxidation ponds [used for the first level of treatment] would have taken some area designated as jurisdictional wetlands, but the treatment wetlands were designed not as a detriment to wetlands but an enhancement."

That was not the view of the water board or the Army Corps of Engineers, says Walker. "Our question was, what was our impact going to be? I could see no rationale for [the board's position] because 'no net loss' made no sense in an area where there are hundreds of acres of wetlands. We never wanted to do anything that was not improving the environment; we felt like we were enhancing it." Walker says he understands and supports wetlands regulations and stresses that he is not a scientist. What he can't understand is the board's decision: "When you're taking a piece of hardened ranchland, you're not talking about a major detriment to a wetland."

The city could have mitigated off-site—but "the cost [to acquire land] is a big thing for a small city; we couldn't do it," says Walker. Willits is now trying to squeeze an upgraded facility onto the footprint of its current plant and build a much smaller treatment wetland in an upland area. Because of the delays, Willits must raise its sewage rates to pay for the new mechanical plant.

Regulators weren't the only problem in Willits, says Walker. "We didn't have the full backing of a very active environmental group here," he says. The Willits Environmental Center's Ellen Drell says her organization was disturbed both by the scale of the project—ponds with berms for primary treatment, and acres of treatment wetlands for secondary treatment and beyond—as well as the proposed location. "The fact that this valley is a seasonal wetland makes it even richer than a permanent wetland," she says. "It acts as a sponge to absorb excess runoff; it recharges groundwater, mitigates flooding, and supports a wide range of vegetation and critters. That there's not only water every winter, but grasses going to seed in other seasons, is one reason it supports so many species."

Drell says she felt the city leaders never understood the value of seasonal wetlands. "They thought, 'If a little bit of wet is good, then a whole lot is really good.' We disagreed." Drell says the seasonal wetlands flood in the winter and connect to local creeks that support runs of steelhead, and Chinook and coho salmon. That made her nervous about altering the existing hydrology. Drell says the sewage treatment wetlands, some of which would be surrounded by berms, would have blocked the flow of water into the creeks. Drell says she wouldn't have objected had the city put wetlands on the site of an auto wrecker or lumber yard, but she felt the proposed site—known by locals as Little Lake—was just the wrong spot. "They said, 'There's nothing there.' But there is something there."

Farther north, Ferndale also ran up against the North Coast Regional Board. Facing enforcement orders from the board to upgrade its existing plant, the city rallied the community around the idea of a treatment wetland. City councilmember and wetlands ecologist Ken Mierzwa says the treatment wetland had tremendous support from Main Street business owners. "A lot of them are elderly and conservative politically," says Mierzwa, "but they understood that birdwatchers would come to see the birds."

Ferndale's geography got in the way. Situated at the mouth of the Eel River, the city is surrounded on three sides by wetlands—the floodplain of the Eel. That meant that building a treatment wetland on open space anywhere close to town would have involved impacting a natural wetland, says John Short, even if those wetlands happen to be cow pastures. And that meant that Ferndale would have had to mitigate for those impacts—with the only space available for mitigation on an upland area, a less than ideal spot for creating a wetland.

Building a mitigation wetland upland probably has the "least likelihood" of success, says Mierzwa: "You'd be trying to force ecological processes to do something they don't naturally do." Finney, too, was frustrated by the outcome in Ferndale. "There's nothing wrong with the wetlands that exist in a cow pasture, but to say that the [treatment wetland] systems we're creating have less wetland value makes no scientific sense."

Short says, "No one technology fits every situation. Each community has its own unique set of issues. In my mind, certain wetland treatment advocates have done a disservice to small communities by pushing treatment wetlands as a solution to all wastewater problems, and unfortunately, that is not always the case. Our responsibility is to remove pollutants before the discharge reaches our wetlands and streams." The bottom line, says Short, is that if Ferndale had been able to do enough wetland mitigation, the Regional Board probably would have permitted their project. Instead, Ferndale, like Willits, will undertake an expensive major upgrade of its existing treatment plant.

It wasn't always this hard to build wetlands. In 1974, the Mt. View Sanitary District in Martinez became the first wastewater wetlands in the state, built on the site of a degraded natural wetland that had been diked off and used for agriculture. The site was located between the treatment plant and the Carquinez Strait, where the district discharged its wastewater. To adequately dilute its waste, the district needed to build a very long, expensive, deepwater outfall pipe, says Mt. View Sanitary District's Dave Contreras. Instead, the wetland helped Mt. View retain and treat its wastewater sufficiently so that it did not need to build the pipe. In the early '90s, the district upgraded its traditional plant to use UV disinfection and sand filtration to treat the wastewater before it enters the wetlands for final treatment.

In addition to an enthusiastic San Francisco Bay Regional Water Board, Mt. View had support from the Department of Fish and Game and the Audubon Society, says Contreras. Today, the marsh is promoted as Martinez's crown jewel. "We have over 120 species of birds and wildlife, deer, river otter, fox, and beaver in these wetlands," says Contreras. By switching to UV and sand filtration for primary and secondary treatment, and treatment wetlands for final treatment, Mt. View has been able to stop using chlorine gas, gaseous sulfur dioxide, sodium hydroxide, and anhydrous ammonia, says Contreras. "We eliminated the use of acutely hazardous materials. It's actually been a model for the Bay Area."

Steve Moore, an engineer who formerly worked for the bay's regional water board and is now with a private engineering firm, says he thinks Mt. View produced "a net environmental benefit of treating waste while providing 21 acres of habitat." But as he points out, making a decision isn't always easy. "From a regulatory perspective, you have to decide: How do you fairly account for that lost natural wetland versus the wastewater purification function on your balance sheet?" he asks. "It's different environmental values clashing. I think we have to take a more holistic perspective and realize that all of us are robbing the state's natural waters for drinking and farming. That water is unavailable for wetland habitat. As we try to make gains in wetland function and habitat, wastewater wetlands are a good tool. That's the perspective we're missing."

Since it's hard for regulators to decide whether building treatment wetlands is ultimately going to help or hurt the local environment, the decision process can be rife with contradictions and absurdities. The Arcata Marsh and Wildlife Sanctuary, a highly successful treatment wetland and a major tourist attraction, likely would not be permitted by the North Coast Regional Board today. Arcata Marsh was built on top of historic wetlands that had been filled and become degraded, says Finney. "Their functioning was extremely poor, but in today's regulatory environment, [some regulators] would have said they were jurisdictional wetlands."

Often where a treatment wetland can or cannot be built depends on the judgment of the individual regulator—and the regional board office—involved. Says Bob Bastian with the US EPA's Office of Wastewater Management, "It's not unusual to see varying interpretations and constraints being imposed by field offices. The same thing happens with the US Fish and Wildlife Service and endangered species. In one part of the country they are open and willing to work with [a private landowner or developer] on how to manage an area to protect endangered species. In another office, you just can't do anything. I think we're seeing some of the same thing happening when it comes to how to protect existing wetlands."

Finney points out that since we have paved over most of our historic wetlands, constructed wastewater wetlands help replace that loss. But, he says, "If you object to the notion of using a wetland for treating water—which is what wetlands have been doing since before man roamed the planet—that contains some human waste, then it will be increasingly difficult to find sites that can receive regulatory approval." The bottom line is treatment wetlands have to be done right and in the right place, says Finney. "I wouldn't want to convert a nice, beautiful existing wetland to a treatment wetland. But where there's an opportunity to create new beneficial uses and at the same time take care of a problem, I think we should do it."

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