The City is providing one State-approved mechanism for property owner compliance with orders from two State agencies, the Regional Water Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB), that were recorded into state law through a Basin Plan amendment in 2010. The order is a prohibition of discharge from onsite wastewater treatment systems (OWTS) in a specific zone by specific dates. Penalties for violating the Prohibition Order will be directed at individual property owners, not the City (except as a property owner). The City of Malibu is NOT making property owners connect to the proposed sewer project.
A property owner who violates the Prohibition and continues to discharge wastewater to an OWTS could be subject to individual orders from the RWQCB. These orders could range from a mandate to convert septic tanks to sewage holding tanks (with associated truck hauling of the stored flow) to fines of up to $10,000 per day for large volume, high impacting discharges.
The RWQCB and SWRCB provided a compliance mechanism via a 2011 Memorandum of Understanding (MOU) that the City is currently following. If property owners had rejected this approved option (such as through a negative vote on assessment district formation), the consequences would have been imposed by the RWQCB on the individual property owners within the Prohibition Zone, not the City of Malibu.
More details about the Basin Plan Amendment and the State’s proceedings to establish the prohibition can be found on the City’s website at: www.malibucity.org/index.aspx?NID=263 and on the SWRCB website at: http://www.swrcb.ca.gov/rwqcb4/water_issues/programs/basin_plan/index.shtml