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"THE IGNORED TROUBLED WATERS OF CALISTOGA" Part 2

April 11, 2013

Mr. Phil Crader
Application Unit
Division of Water Rights
State Water Resources Control Board

Mr. John O'Hagan
Enforcement Unit
Division of Water Rights
State Water Resources Control Board

Re: Threatened New Violations of the California Water Code by the City of Calistoga

Dear Gentlemen:

The City of Calistoga has a history of not comply to state law and not protecting the public trust assets of the Napa River. i.e. Kimball Dam; Napa River.

Please find enclosed alleged violations of water quality and water quantity by the City of Calistoga. See attachment.

Please conduct an investigation to determine the following:

1. The attachment shows where recycled water is being used by the City of Calistoga at different "places of use". Please investigate and determine whether "the places of use" were approved by the State Water Board with terms and conditions to protect water quantity and water quality. If the City does not have approved "places of use" at all locations where recycled water is being diverted and used, take appropriate legal actions to correct the threatened violations. I recommend daily bypass flows below all re-diversion on the Napa River associated with the diversion of recycled water to protect steelhead species and their habitat.

2. The attachment claims the state's water that has been recycled and "has been misused" and may affect public health and safety et al. Please investigate and determine whether the recycled water is being misused at the City of Calistoga's "places of use". If so, take appropriate legal actions to correct the misused of recycled water and prevent the effects to public health and safety et al.

3. Please investigate and determine whether the City of Calistoga has filed "Statements of Diversion and Use" with the State Water Board for all recycled water diverted and used "at all places of use" shown in the attachment and not shown in the attachment. If not, take appropriate actions to bring the City of Calistoga into compliance with Section 5100 et al of the California Water Code since use of recycled water began.

4. The Regional Water Quality Board has a restriction on recycled water from the Dunaweal Wastewater Treatment Plan being discharged into the Napa River. The restriction limit is for and when clean authorized recycled water can be discharged into the Napa River. It is my understanding the limit is only during high flows without measuring streamflow devices to measure the water discharged into the Napa River. In addition, last year the City of Calistoga discharged 709,000 gallons of unauthorized wastewater into the Napa River. This matter is before the Regional Board and a potential settlement agreement may be approved by the Regional Board fining the City only $6.000 for discharging 709,000 gallons of wastewater into a public waterway. The proposed settlement agreement is subject to public comments with a deadline date of April 25, 2013.

Further, the recycled water is co-mingled with Napa River in the event the water is diverted during high flows from the Napa River for diversion to the "places of use".

Please investigate and determine the following:

1. Investigate and determine whether the timing of the recycled water from the Dunaweal Wastewater Treatment Plant was in compliance with the "CFS" restriction placed on diversions into the Napa River ordered by the Regional Board. Order measuring devices to measure the cycled water discharged and diverted from the Napa River and re-diverted to the "places of use".

2. Investigate and determine whether "unauthorized water" more than in storage at the Dunaweal Wastewater Treatment Plant was diverted at the "places of use" by the City of Calistoga et al. If so, take appropriate legal actions for the unauthorized use of the state's water. See Section 1825 et al of the California Water Code for compliance.

3. Investigate and determine whether the diversions of recycled water was above the point of discharge of said recycled water being discharged from the Dunaweal Wastewater Treatment Plant into the Napa River. If so. take appropriate legal actions for the unauthorized use of the state's water. It must be noted that the re-diversion of recycled water must be below the point of discharge of said recycled water into the Napa River and diverting above the point of diversion would constitute the diversion of new clean un-appropriated Napa River water that may be already appropriated for downstream uses such as fisheries and other beneficial uses.

4. The City has waived a city restriction allowing for the discharge of hot boron water into the Napa River by a private party. Hot boron water affects cold water fish such as threatened steelhead and endangered salmon and also adversely affects the irrigation of vineyards. Also said boron water is being discharged at the Dunaweal Wastewater Treatment Plant into the Napa River. The Regional Board has not addressed the discharge of boron water into the Napa River by the City of Calistoga and other parties for reasons unknown to me. It is my understanding hot boron water is not legally allowed under the provisions of the Clean Water Act and the Porter-Cologne Water Quality Control Board. Consult with the Regional Board staff and find out the reasons why boron is being allowed to flow in the Napa River by the Regional Board staff. Also consult with the US NOAA Fisheries regarding the adverse effects to cold water fish such as steelhead resulting from Hot Boron water.

5. Some of the recycled water may be diverted into storage at small reservoirs at some of the "places of use". If so, stop the storage of water at small reservoirs and require the diverter apply for water right permit for reservoir storage with bypass flow requirements and also fish screens at the point of diversion from the river, subject to whether there is sufficient water in the Napa River in all water year types, subject to steelhead flow protection.

6. Investigate and determine whether fish screens are needed at all diversions diverting recycled water. Consult with the CDFG and US NOAA Fisheries for recommendations. My concern is juvenile steelhead species migrating downstream during the migration period.

7. A wildlife species (coot) was reported locally to be harmed at the Dunaweal Wastewater Treatment Plant. A condition to prevent harm to waterfowl at the Plant would be mesh nets over the exposed wastewater ponds. Those nets are used at fish hatcheries to prevent the taking of hatchery trout by birds. I recommend mesh nets ate installed and maintained by the City of Calistoga at the Dunaweal Wastewater Treatment Plant to prevent harm to waterfowl and other wildlfe.

8. I recommend the State Water Board submit comments to the Regional Board regarding this letter of unauthorized use and misuse of the state's water by the City of Calistoga at all "places of use" regarding the proposed settlement agreement between the City and the Regional Board.

A written response is appreciated. Thank you.

Respectfully Submitted

Signed by Bob Baiocchi

Bob Baiocchi
California Fisheries and Water Unlimited
E-Mail: bobbaiocchi@yahoo.com

cc: Lila Tang, Enforcement Unit
San Francisco Bay Regional Water Quality
Control Board

Taro Murano
Environmental Unit
Division of Water Rights

Steve Edmondson, Supervisor
US NOAA Fisheries

Interested Parties

attachment
1. Un-Covered Storm Drain
2. Storm Drain Beside Dirt Road
3. Champagne W & Champagne
3a. Storm Drain ph max test kit
4. Temp at Storm drain & ditch intersection
5. Temp after cleared steam moisture
6. Storm drain & ditch intersection
7. Ditch towards river
8. Indian Springs outfall
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