Amador County – Jackson City Council on Monday tabled staff recommendation of support for a Congressional bill introduced by Congressman Tom McClintock that would amend the federal Water Pollution Control Act for publicly owned wastewater treatment plants.
City Manager Mike Daly recommended supporting McClintock’s House of Representatives Bill 3544, saying there are concepts in the legislation that will benefit the city.
Daly’s report included text of a speech that McClintock delivered Dec. 1 when he introduced HR 3544. The speech, titled “The Plunder of Colfax,” detailed issues of the town of 1,800 people, who were subjected to “predatory environmental law firms” which “have discovered how to take unconscionable advantage of that law to reap windfall profits at the expense of working-class families like the townspeople of Colfax.”
McClintock’s bill seeks to limit private-party lawsuits; shield local agencies from liability for acts beyond their control; and install a 60-day waiting period for legal action to allow cures to violations. It also seeks a15-year life for plant licenses; and limiting “attorney fees to the prevailing fees in the community.” It also seeks to “require a cost-benefit analysis before new regulations can be imposed” on any wastewater treatment plants permits.
Councilman Keith Sweet said he also looked into the issue, reading newspaper articles that said Colfax was charged $40,000 in attorney fees which it did not pay, and which were more than the city’s annual budget. But he said Colfax did pay $30,000 to a lobbyist. Sweet thought having a cost-analysis on all projects might also be costly in itself.
Sweet said in 2008, Colfax’s sewer pond leaked 12,000 gallons of raw sewage onto a neighbor’s property, the neighbor has not been able to grow crops on it, and Colfax has not been able to meet a court ordered clean-up. Mayor Pat Crew agreed that some of this may benefit Jackson, but “Colfax has been a gross violator,” and regarding the penalties, “they’ve got it coming.”
Councilman Wayne Garibaldi asked if the council had a reasonable idea that HR-3544 will benefit the city. Daly said: “I’d say the concepts in this legislation would benefit municipalities.” Daly said after reading up on the issue, “Colfax is probably not the best poster child” for the issue, “because of some of their actions.” On the other hand: “Do we need to spend $5 million to protect a tadpole,” and “have $200 sewer bills?” Daly said a single-family home in Colfax is paying a sewer bill of $100 a month.
Daly said it was just introduced last week, and the council agreed to table it, as Crew said, and “see how it goes.”
Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
