EPA Adopts New Malibu Creek Regulations

The U.S. Environmental Protection Agency on July 2 adopted new water quality standards for Malibu Creek and Lagoon. 

The standards were implemented to reduce or eliminate the presence of algae in the watershed, and the document contains new “Total Maximum Daily Loads” (TMDLs) for nitrogen and phosphorous that cannot be met using the existing wastewater treatment processes, according to a press release from the Las Virgenes – Triunfo Joint Powers Authority (JPA). 

At a workshop held in Agoura Hills on May 1, the EPA's Cindy Lin presented findings as to why the Malibu Creek Watershed is considered "impaired water" and why it must be restored.

Lin had explained that once a body of water is cited as "impaired," new pollution reduction plans must be implemented and cited that the problems were identified as sedimentation and benthic macroinvertibrates.

"Our new TMDL does not include implementation ... only data and research," Linn told Patch. "That is up to the state, which they verbally said they would do."

Linn said that the next steps would take upwards of a year and include an involved public process.

According to officials from JPA, the new regulations, when implemented, will have a severe impact on wastewater treatment costs for local customers.

“We are still examining the documents released by the EPA, but we’re concerned that decades of research show Malibu Creek has very high natural levels of the constituents EPA seeks to control," said  David W. Pedersen, administering agent and general manager for the JPA. "We are very disappointed to see that sound science is being compromised in a rush to establish regulations not supported by science or the community."

Linn said she collected "everybody's data" and evaluated the information, comparing impacted sites with unimpacted sites.

"We looked where the pollutants are naturally occurring and where it is man-made, and we still found that there was a problem," she said.

The JPA press release goes on to say:

Originally scheduled for 2021, the adoption of new TMDLs for Malibu Creek and Lagoon were added in 2010 to a consent decree between the U.S. EPA and non-governmental organizations (Heal the Bay and Santa Monica Baykeeper represented by the National Resources Defense Council). The decree put the EPA on an aggressive schedule to complete TMDLs in the greater Los Angeles area, including Ventura County. 

The JPA Board will be considering several options, including additional legal remedies, "to ensure the concerns of the community are heard and compliance costs are linked to tangible benefits,” JPA Vice Chair Charles Caspary said in the release.

"I don't want the public to worry about a huge rate increase," Linn said. "This will not lead to the kind of costs that's been thrown around out there."

What are your thoughts on this latest development? Tell us in the comments.