La Contenta Responds By Deadline To Avoid Fines
La Contenta fountain near Hole 8.
SAN ANDREAS — (Tues. 8/2/11) In an apparent attempt to avoid future fines that could be imposed on La Contenta Investors (LCI) by the California Regional Water Quality Control Board, attorney Ken Foley, representing LCI, sent a letter to the Board dated July 29, thereby meeting the Board’s deadline.
In a July 20 letter from the Board to LCI, the Board threatened LCI with possible fines and gave it a compliance deadline: “By 29 July 2011, La Contenta Investors must provide documentation demonstrating that it has begun to irrigate the golf course with 100 percent recycled water from the La Contenta Wastewater Treatment Plant. Should La Contenta Investors fail to irrigate with recycled water before taking water suitable for potable use, and should a spill of wastewater ensure due to LCI’s actions, then the Central Valley Water Board will consider all potential enforcement actions, including a civil liability (fine) of up to $10,000 per day and $10 per gallon of wastewater discharged.”
Ken Foley’s July 29 letter states the Calaveras County Water District “was willing to keep the raw water source open as long as the golf course pumped treated water nine hours per day.”
Foley’s letter then goes onto say reports are being mailed to the Board confirming “that my client has been pumping 9 hours a day and that the amount pumped this July almost equals last July even though we have not had the 100 degree days we had last year.”
Foley’s July 29 letter also argues the attorney’s for CCWD have been uncooperative, “I asked the District’s counsel on at least two occasions to sit down and talk with me about this situation. That offer was rejected.”
Cris Carrigan, legal council for the California Regional Water Quality Control Board told TLSN that he had received attorney Foley’s letter. When asked by TLSN if the letter and accompanying documents sent by Foley satisfied the Board’s requests, Carrigan said legal staff was still assessing La Contenta’s response.
The story behind the conflict between CCWD and La Contenta and now between the California Regional Water Quality Control Board and La Contenta, is long and somewhat confusing, but in a nutshell here it is:
State law prohibits use of raw water for golf courses if recycled water is first available. Consequently, the Board wrote LCI, “Only if recycled water is no longer available may LCI use water suitable for domestic potable use.”
CCWD has a holding area that feeds recycled water to the La Contenta Golf Course. CCWD provides the recycled water to La Contenta at no charge. CCWD has argued La Contenta has purposely not been using all of the recycled water CCWD could provide, but instead also uses raw water from Hogan for its golf course greens.
CCWD argues that if the water in its holding area is not used up by the start of the rainy season in October, then the recycled water in the holding area may fill-up and spillover into the Calaveras River. If the spillover occurs, CCWD and La Contenta will be fined.
La Contenta argues the diameter of the pipe used by CCWD to deliver the recycled water to the golf course from the holding area is only 8-inches in diameter and is not wide enough to deliver the necessary amount of recycled water the golf course needs, thereby forcing La Contenta to use raw water.
La Contenta further contends the pipe needs to be 12-inches in diameter to be an adequate delivery system. La Contenta says the pipe and the delivery system are owned by CCWD and, therefore, La Contenta is not responsible for changing the system at a cost of approximately $330,000.
On May 24, 2011 CCWD cuts off the raw water to La Contenta in an effort to force La Contenta to use more recycled water. La Contenta gets a restraining order forcing CCWD to turn-on the raw on June 24.
Ken Foley, representing La Contenta, then requests a Preliminary Injunction to force CCWD to continue to provide the golf course with raw water arguing that without it the course would go out of business.
Calaveras Superior Court Judge John E. Martin rules in favor of the Calaveras County Water District and denies a request for a preliminary injunction by La Contenta Golf Club to force the district to continue to provide La Contenta with raw water from New Hogan for its golf course.
The California Regional Water Quality Control Board, Central Valley Region sends La Contenta Investors Ltd. (LCI) a certified letter, dated July 20, informing the Investors of their obligation to accept recycled water from Calaveras County Water District’s Wastewater Treatment Facility. It’s in this letter the Board gives its July 29 deadline.
Attorney Ken Foley, representing LCI, meets the deadline.
At this point, the issues between the parties are still unresolved.
Related posts:
- Regional Water Board Threatens La Contenta Investors With Fines, Gives July 29 Compliance Deadline
- Court Hears Arguments Before Ruling On La Contenta’s Request For Preliminary Injunctive Relief Against CCWD
- Court Rules In Favor Of CCWD In La Contenta Case
- CCWD Meeting: “A Sense Of Place” In Question?
- Six Candidates Vie For CCWD Division 1 Board Appointment
Short URL: http://99bignews.com/?p=17978
Posted by 
Loading ...