A take on the septic ban
There are several hot-button items buzzing around town. This week, I’ll start with the ongoing battle about our septic systems in the Civic Center area.
The Los Angeles Regional Water Quality Control Board (RWQCB), which is the all- powerful water agency in Southern California, slapped a prohibition on Malibu in September 2010 that, in effect, directed the city to build a sewer system in central Malibu or face the consequences. Now, the agency cannot legally tell Malibu that they simply don’t like septic systems and therefore can order us to build a $50 million sewer system, which is the guesstimate of the cost. So what they say to us is that we have a choice. We can build the wastewater system if we want to, but if we don’t, then in 2015 we have to stop using septic systems in the Civic Center commercial areas, which could very well mean closing the entire area. Can you imagine closing every store and restaurant? We’d all be involved in lawsuits for the next century.
If that wasn’t enough, the agency also decreed that by 2019 all the residences within the larger central Malibu area have to stop using septic systems. That larger area includes Serra Retreat, Sweetwater Mesa, Malibu Knolls, all the condo developments in the Civic Center area, Winter Canyon and most everything in it, the Malibu Colony, and about one half of the homes on Malibu Road. I’m sure I’m leaving out some of the other areas that are included.
What is driving this is what the RWQCB perceives as its statutory duty to clean up the coastal waters, coupled with its belief that Malibu Creek, the Malibu Lagoon and much of the surf line is polluted, and that the septic systems are a significant factor in that pollution. That belief is based on studies by its own staff. To put it gently, there are some considerable scientific differences of opinion whether those conclusions are correct. There are questions about whether the pollution is human or animal pollution and, if it is in fact human pollution, to what extent do Malibu septic systems play a role in the pollution?
There is currently a study being conducted by the United States Geological Survey, a highly reputable organization that may provide some answers. I have always wondered how the 500 or so homes in the Civic Center area, and the limited amount of commercial area, could produce all the pollution ascribed to them, but I guess in time the studies will tell.
Recently, things appear to be improving, at least a little bit. The new RWQCB executive director and Malibu’s city manager have been meeting regularly. There is now a preliminary agreement that the best fix is to get started now and try doing this in stages, with the initial stage being the Civic Center commercial area. Most of the larger landowners appear to be generally in agreement that some sort of a treatment plan makes sense. They could probably put together an assessment district just for that area, and since the commercial landholders dominate it, an agreement would have a reasonable chance of passing.
Later, if they decide to proceed with all the single-family residences in the larger Civic Center area, it might be an entirely different political issue. The city has wanted to do it in stages and initially RWQCB resisted because, I suspect, they feared they would lose their leverage if they did it piecemeal. The State Water Resources Control Board approved the prohibition but also strongly suggested to the regional board that they work this out in an acceptable way with the city, which is probably why we’re seeing some progress.
Whether the phased plan will work is unsure. Part of it will depend on the assessment formula used to designate how much every landowner will have to pay.
Even if you’re not a commercial landowner in the Civic Center, this battle still affects everyone in the larger Civic Center area. For one thing, no one knows how all this uncertainty will affect the real estate resale market. For example, if you have a newer, larger house in the Civic Center area there is probably little problem. On the other hand, if you are trying to sell an older, smaller house, the buyers may not be able to renovate the house as long as the prohibition is in effect. Therefore, an old house on a good lot may be seriously impacted in value. Most of all, uncertainty is always a problem in the real estate market and this septic prohibition and central treatment facility adds a great deal of uncertainty.
This item and the solutions will probably evolve and change in time. I’ll try to follow this issue from time to time so you can make your own judgments.