City Reaches Settlements Over Sewer Spills

The city is being forced to take some aggressive steps to fix its aging sewer system after recently settling two cases over sewer spills that are projected to cost nearly $9 million.

The City Council disclosed the details of the settlements involving San Francisco Baykeeper and the California Regional Water Quality Control Board at its meeting last week. And while staff said the city has already established a capital improvement plan to revamp its sewer system, the city will still have to spend money to make other improvements to comply with the orders of the settlement, which some council members begrudgingly approved.

“By all means, we have been trying to minimize these types of occurrences,” Councilman Ken Ibarra said about the sewer spills for which the city was sued. “I just don't want the public to think we've been financially slapped on the wrist for something that we did wrong.”

San Bruno is just the latest Bay Area city to reach a settlement agreement over its sewer spills. In July 2010, Millbrae reached a settlement with environmental group Baykeeper over sewer spill violations. In March, South San Francisco .

Baykeeper has pledged to continue targeting local governments for violating the Clean Water Act to secure aggressive repairs to faulty sewer systems.

In the case of San Bruno, the city agreed to pay Baykeeper $271,000 in fees, which includes a $50,000 payment to environmental nonprofit organization The Rose Foundation. The city will have to pay $642,167 to the water control board.

In addition, the city has been ordered to spend $8.7 million over a number of years to improve its infrastructure so that future sewage spills are reduced.

One of the requirements will be to help homeowners replace their failing sewer laterals, which are 100 years old in some places. Other requirements include investing in additional sewer cleaning and inspection equipment and significantly increasing expenditures for hiring contractors to repair damaged sewer mains, laterals and manholes.

“Staff believes that this is good for the environment, good for residents and good for the city,” City Attorney Marc Zafferano told the council.

Mayor Jim Ruane said the city has often had to “bite the bullet” when faced with criticism from residents about rising sewer rates. But raising the rates was necessary, Ruane said, to address problems with the city’s sewer system and other public infrastructure.

In a sense, Ruane said, these recent settlements undermine the progress the city was already trying to make.

“If we as a city were derelict in our duties—going backwards and forwards—and had just said, ‘We don’t really care,’ then I could see (the reason for) the fines and penalties,” he said. “But, for me, it’s very unfortunate because those fines and penalties would be a lot better spent under the streets and sidewalks instead of paying for fees to attorneys.”