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Marco Gonzalez, speaking
for San Diego Surfrider.
among local "enviros" who argued for sewage dumping.
Poorly treated sewage includes fecal bacteria, fecal flakes, viable
virus, protozoal eggs of the brain worm ("toxoplasmosis"), industrial waste and other sewage solids which
are removed by normal secondary treatment.
The Waiver allows continued dumping of poorly-treated sewage in evident
violation of the Coastal Act. Bruce Resnick, right,
of San Diego Coastkeeper also
spoke for the waiver, along with San Diego Sierra Club's Ed Kimura, lending cover to the arrogant Mayor Sanders
and the sewage dumpers.
It's this sort of intransigence, failure to install infrastructure, and arrogance that's led
San Diego to be the last "SEWAGE BEACH"
in California, the last sewage dumper refusing to treat the sewage at least to secondary treatment standards.
Moreover, secondary treatment also requires a stringent program of source control, removing industrial waste from
the sewage so that biological treatment can proceed. The cost to local industry, and the fact that they would
have to follow rules, might be the big driver behind San Diego's refusal to follow standards in place at all other
US cities its size.
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Thanks to the 4 Coastal Commissioners who voted to uphold the Coastal Act and
deny San Diego's dumping of primary sewage. It's not, as the other 8 stated, an issue that "San Diego deserves
a waiver". It's a pure and simple ATTACK on the COASTAL
ACT.
On Aug. 13, 8 members of the Coastal Commission had voted
against San Diego Commissioner Kruer
to kill the last sewage waiver, pointing out that it obviously was not consistent with the Coastal Act.
Staff recommended approval, and submitted a phony "Staff Report" that was essentially irrelevant to Pt.
Loma's discharge of San Diego's sewage, a number of distractions, trying to show that the waiver was in accordance
with the Clean Water Act; but the standard for this matter, as the EPA representative stated, is the Coastal Act, which has federal status under
the Coastal Zone Management Act (CZMA). The Clean Water Act is only peripherally relevant, and not relevant at
all to the higher standards required by the Coastal Act.
Staff participated in the perversion of the Coastal
Act, probably under severe pressure from
lame-duck disgraced Gov. Schwarzenegger.
The Commission was apparently threatened by Gov. Schwarzenegger, and required to review the ruling only two months
after killing the waiver. On Oct. 7 in Oceanside, the Commission, despite no new evidence, reversed itself and
humbly submitted to the pressure. The normal wait for resubmittal is six months; it seems odd to review a decision
without any new information.
What the Governor implied was that the Commission offended
a lot of very wealthy people, and the decision might threaten to cut down his slush funds unless the Commission
backed down.
As with Gov. Davis, Schawarzenegger sent down his heavyweights to intimidate vacillating, weak Commissioners. In
this case, Michael Chrisman bore the Governor's message, notably sitting with Mr. Kruer just as Davis had sent
down Joe Soto in 2002. Different faces, same special interest. This time, Suja Lowenthal was replaced by a more
compliant Commissioner, who seconded Kruer's motion to abandon the Coastal Act.
San Diego Mayor Sanders was so sure of himself as to bring two bodyguards; curious if San Diego had to pay for
them. Sanders stood up before the Commission and basically stated that he was not willing to give them one iota
on the sewage waiver; the most he would agree to is to report back in two years on the "findings" of
a report by his tame local "enviros", the Sierra Club, Surfrider and Coastkeeper, who all supported the
sewage waiver at this meeting. Ed Kimura committed the Sierra Club to sewage, and Marco Gonzalez and Bruce Resnick
spoke for the other "enviro" groups and committed to sewage.
One of the Commissioners dared to ask if the Commission could use the "report" to reconsider their decision;
Staff had to admit that it was just advisory, with no force of law. Once
the waiver is issued, that's it, San Diego is free to dump until the next time it applies for the waiver; the "report" is just a feel-good thing, good for funding local biostitutes
and "enviros".
The "good" Commissioners pointed out that the Staff Report's rendition of the testing regime was insufficient
to meet the Coastal Protection provisions of the Coastal Act, which are the standard to be followed; more particularly,
that San Diego has refused monitoring stations suggested by the Coastal Commission, that San Diego admittedly doesn't
know where the sewage plume goes, and that the Staff Report itself clearly indicates that the literal words of
the Caostal Act were being violated, even citing chapter and verse on the record. Alas, not many Commissioners
appear to have read the Coastal Act; only 4 voted to uphold it, and 8 weak or coerced voted for the sewage.
Chrissman was seen exiting the back room, with Commissioner Kram, apparently after strategizing on how to cram
the waiver through enough reluctant and timid Commissioner to get the result that Schwarzenegger wanted.

It is only to be hoped that a lawsuit seeking reversal of this blatant tampering
with the regulatory process is filed, in time to reverse it; or else that the EPA takes a mighty hand in the matter,
and forces San Diego to follow the Coastal Act, even if the Coastal Commission failed in its duty.
This isn't the first time that lawsuits had to be filed to uphold the Coastal Act against the Commission.
One Commissioner actually stated privately about Hellman, "Let them
get mad at the Court, not at us..."
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