Letter: Disposal Ruling Clarified

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Letter to the Editor

On Feb. 5, The Malibu Times published an article titled “Water Board Deems Rancho Malibu Hotel Exempt from Civic Center Building Prohibition.” On behalf of the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board), I am writing to clarify that the ruling did not exempt Rancho Malibu from the prohibition on continued use of onsite wastewater disposal systems (OWDS). Like all other commercial properties in the Malibu Civic Center area, Rancho Malibu must comply with the requirements of the OWDS prohibition. 

The Los Angeles Water Board adopted a prohibition on the use of OWDSs in the Malibu Civic Center Area on Nov. 5, 2009. All existing OWDSs in commercial areas must cease operation on Nov. 5, 2015. All existing OWDSs in residential areas must cease operation on Nov. 5, 2019. 

The OWDS prohibition included a list of properties that are temporarily exempt from the immediate prohibition on new discharges if they had already progressed through the entitlement process of the City of Malibu or the County of Los Angeles. Those properties on this temporary exemption list could build a new OWDS or expand an existing one, but would still need to cease using the OWDS in 2015 or 2019. The action the Los Angeles Water Board took on Feb. 6, 2014, was to add the property at 4000 Malibu Canyon Road (Rancho Malibu Hotel) to the list of temporarily exempt properties. 

We wish to clarify that being on the list provides only a temporary exemption from the prohibition on the use of OWDSs. Malibu La Paz and the Rancho Malibu Hotel are two of eight commercial properties on the list that are subject to the prohibition. 

In addition, your article suggests that the Los Angeles Water Board established a development moratorium in the Malibu Civic Center Area. The Water Board has authority to regulate and prohibit discharges of waste from OWDS. It is up to the City of Malibu to regulate land use, including whether or not to approve developments. 

Charles Stringer, chair, Los Angeles Regional Water Quality Control Board