HomeMy WebLinkAbout12.16.21 Board Correspondence- FW_ Written and Oral Comments on Paradise Sewer Project
From:Paulsen, Shaina
To:BOS
Subject:Board Correspondence- FW: Written and Oral Comments on Paradise Sewer Project
Date:Thursday, December 16, 2021 5:56:56 PM
Attachments:Paradise Sewer Project Written Doc.docx
Paradise Sewer Project Oral Comment.m4a
Please see Board Correspondence.
Shaina Paulsen
Associate Clerk of The Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3304 | F: 530.538.7120
From: Maxwell Lennig <mblennig@mail.csuchico.edu>
Sent: Wednesday, December 15, 2021 5:04 PM
To: Clerk of the Board <clerkoftheboard@buttecounty.net>
Subject: Written and Oral Comments on Paradise Sewer Project
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Hello Butte County Board of Supervisors,
My name is Maxwell Lennig and I am an intern with the Environmental Advocacy program of
CLIC. I have been working on a project about the Paradise Sewer Project over the course of
this semester and would like to submit it as a public comment. I intended to share this during a
meeting but I believe I missed the meetings where this was on the agenda. Attached you will
find the written document and oral recording.
Thank you,
Maxwell Lennig
Lennig 1
Maxwell Lennig
CLIC Environmental Advocates
Paradise Sewer Project
The current problem is that the Town of Paradise has no centralized sewer system but
instead relies on roughly 11,000 individual Septic Tank Systems (STS’s) for sewer management.
Paradise also has a significantly reduced rate payer population to fund the proper management
and utilization of waste management systems.
This problem was caused simply by the builders of the town and residents not think to
construct a central sewer system as Paradise grew and developed. There was no malice or ill
intention in the design of the waste management system but eventually over time the STS’s in
the town degraded and could affect groundwater stores in the future. Paradise was also almost
entirely burned by the Camp Fire in 2018 which destroyed more than 18,000 structures and is the
deadliest wildfire to hit the state of California. Most of the residents of the town had to evacuate
and since settled elsewhere other than a handful of residents who have made the decision to
rebuild their town.
Future groundwater contamination issues could arise from the eventual degradation and
failure of the STS’s in Paradise. The negative impacts of the high number of STS in Paradise is
best represented by Withers et. al., “When STS (Septic Tank Systems) fail to work effectively,
nearby groundwater and surface waters can become contaminated with polluted leachate or
surface runoff, which may have direct consequences for human and environmental health. Such
impacts may include NO3 enrichment of aquifers (Katz et al. 2011), fecal contamination of water
supplies (Ahmed et al. 2005), disease outbreaks (Borchardt et al. 2003), antibiotic resistance in
aquatic microorganisms (Graves et al. 2002), eutrophication of surface waters (Mallin and
McIver 2012), loss of biodiversity (Short and Burdick 1996), and a decline in the ecosystem
services provided by aquatic resources (Palmer-Felgate et al. 2010).” Paradise saw a population
increase of 75.8% in the 1970s and of 55.2% in the 1980s, assuming that most of the septic tank
systems were built in this time period to match the pace of development in the area, this puts
most of the septic tank systems in the city at roughly 40-50 years old. Most estimates of septic
tank lifespans put replacement at anywhere between 15 and 40 years, depending on the number
of people using the tank, level of maintenance and care that is conducted on the system, and
other environmental factors.
Existing law, until January 1, 2025, authorizes local agencies, as defined, to use the
design-build procurement process for specified public works with prescribed cost thresholds.
Existing law requires specified information submitted by a design-build entity in the design-build
procurement process to be certified under penalty of perjury.
Lennig 2
Existing law requires, pursuant to the Local Agency Public Construction Act (LAPC
Act), local officials to invite bids for construction projects and then award contracts to the lowest
responsible bidder under the traditional design-bid-build project delivery system.
Existing law works by restricting what infrastructure plans are built using the Design-
Build process. As this process is still relatively new and developing there are still restrictions on
where and what it can be used for in order to ensure that for large and critical infrastructure
projects still adhere to the same high quality standards required for these larger projects.
This fails however in the case of Paradise. Paradise suffered massive structure loss during
the 2018 Camp Fire which destroyed roughly 95% of the structures in the town and caused a
majority of the tax payer base to leave the town. This led to a huge decrease in the amount of
funding available to the city through charging its customers. With the town unable to charge it’s
customer and raise funding that way it has been forced to rely on a state budget allocation of $15
million The first year’s disbursement was contingent on PID agreeing to participate in a
feasibility study to examine the possibility of consolidating PID’s operations with one or more
neighboring water districts. The second year’s disbursement was contingent upon PID’s
continued participation in the study, which was to be arranged by the State Water Resources
Control Board and funded by the state. Existing law fails as a Design-Build contract would allow
the city to quickly rebuild and attempt to draw tax payers back yet is unable to do so because of
the current provisions.
This bill would authorize the Paradise Irrigation District to use the design-build
contracting process to award a contract for a water conveyance pipeline from the Town of
Paradise to the City of Chico. The bill would authorize the Town of Paradise to use the design-
build contracting process to provide for the provision of sewer treatment to the Town of
Paradise, including for infrastructure connecting the Town of Paradise to an existing treatment
facility. By expanding design-build authority to include additional projects, the bill would
expand the scope of the crime of perjury, thereby imposing a state-mandated local program.
A.B. 36 has support from the City of Chico, the Paradise Irrigation District, the State
Building and Construction Trades Council, the Town of Paradise, the California Teamsters
Public Affairs Council, the County of Butte, the Design Build Institute of America Western
Pacific Chapter, the District Council 16 Painters and Allied Trades, the International
Brotherhood of Boilermakers, Western States Section, the International Union of Operating
Engineers, and the Cal-Nevada Conference. There is currently no opposition on the record by
any party.
Relative to other sewer projects this is estimated to be right on par what a project of this
size would cost. The Los Osos sewer project in San Luis Obispo County was estimated to cost
Lennig 3
$173 million to construct, with some reports demonstrating that while the price increased slightly
it was able to stay within budget. In comparison the much more population intense area of the
East Bay Municipal Utility District has budgeted roughly $800 million of capital improvements
for 2022-2023 such as to replace aging pipelines, improve water treatment plants to improve
resiliency and address climate change impacts, replace large water transmission pipes, and to
make improvements to the Wastewater Treatment Plant in West Oakland and sewer interceptors
and pump stations. Paradise’s $184 million proposed budget therefore is average when it comes
to the cost of this project compare to others in its class.
The current proposed cost of building for the Town of Paradise Sewer Project is $184
million, with $2 million set aside for the EIR, $30 million for design and right-of-way, and $152
million for the total construction. The town will pursue funding options froma few potential
sources including; A state appropriation (working in conjunction with the City and the Central
Valley Regional Water Quality Control Board), the U.S. Department of Agriculture using Rural
Development funds, the California Department of Housing and Community Development using
Community Development Block Grants – Disaster Relief (CDBG-DR), and from the U.S.
Economic Development Administration (EDA). Landowners of parcels outside the service area
would not participate in a vote for formation of the special district nor bear any financial
responsibility for the costs of the project.
The Town of Paradise, co-sponsor of this measure, writes, “AB 36 would authorize
design-build for a water conveyance pipeline from Paradise to Chico. The Paradise Irrigation
District (PID) is a special district which provides drinking water service to the town of Paradise.
The district was severely impacted by the 2018 Camp Fire, losing most of its ratepayer base.
While the State has provided some backfill funding, this funding is temporary and the district
must diversify its revenue streams to remain viable. PID’s reservoirs and treatment plant were
largely undamaged by the Camp Fire, and expanding distribution pipelines would allow treated
water to be delivered to other areas within Butte County that are currently groundwater
dependent.
CLIC EA can help by providing more information to the public on the benefits and
possible drawbacks on AB 36 and ensuring that the general public is adequately informed of
what exactly this bill means for the reconstruction of Paradise.
There are certain civil rights and liberties that we enjoy living in an advanced and
developed country. The United Nations declared that "The human right to water is indispensable
for leading a life in human dignity. It is a prerequisite for the realization of other human rights".
By following through with the reconstruction of Paradise’s water infrastructure it would
guarantee that the residents of the town have access to clean, safe water and that wastewater can
be properly removed and treated.
Lennig 4
We can move forward by showing our support for the passage of Assembly Bill 36,
which would allow for the enhanced speed of reconstruction for some of the core infrastructure
of Paradise.
Citizens can become heavily engaged in their community through advocacy. When there
is an issue afflicting your community and you can take the time and effort to delve deep into it,
talking to the people it affects or even being personally affected by it yourself, becoming
engrossed in the local attitudes and feelings of those around you towards one central issue. These
are some of the things that allow you to truly get a look into how the people around you live and
feel and their perspectives on life. Each person in a community has a different story as to how
they got their and when you advocate for an issue that demands community involvement it lets
you into at least one small part of people's lives that you wouldn’t have seen before. You are
more likely to care about something that you dedicate your time to, and if you dedicate your time
to bettering the community you live in, it will give you a unique connection born only from the
moments of your life and the effort of your work that you have given and that only you are able
to feel.
Lennig 5
References
A.B. 36, 2021-2022 Reg. Sess. (Cal. 2020).
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB36
Ahmed, W., Neller, R., & Katouli, M. (2005). Evidence of septic system failure determined by a
bacterial biochemical fingerprinting method. Journal of Applied Microbiology, 98(4),
910-920. doi:10.1111/j.1365-2672.2004.02522.x
Apodaca, T. (2021). New law may speed up plans to connect paradise to Chico's sewer system.
KHSL News. Retrieved November 3, 2021, from
https://www.actionnewsnow.com/content/news/New-law-may-speed-up-plans-to-
connect-Paradise-to-Chicos-sewer-system-575525081.html.
Borchardt, M. A., Chyou, P., Devries, E. O., & Belongia, E. A. (2003). Septic system density
and infectious diarrhea in a defined population of children. Environmental Health
Perspectives, 111(5), 742-748. doi:10.1289/ehp.5914
Christopher L. Garcia, Maintaining the California Environmental Quality Act's Informational
Goals Under the Use of Design-Build, 7 Golden Gate U. Envtl. L.J. 235 (2014).
https://digitalcommons.law.ggu.edu/gguelj/vol7/iss2/7
Curtis, C. (2021). Town of Paradise Launches Environmental Review for Paradise Sewer
Project. Town of Paradise Sewer Project. https://paradisesewer.com/wp-
content/uploads/2021/04/Paradise-NOP-News-Release.pdf.
Graves, A. K., Hagedorn, C., Teetor, A., Mahal, M., Booth, A. M.,& Reneau, R. B. (2002).
Antibiotic Resistance Profiles to Determine Sources of Fecal Contamination in a Rural
Virginia Watershed. Journal of Environmental Quality, 31(4), 1300-1308.
doi:10.2134/jeq2002.1300
Katz, B. G., Eberts, S. M., & Kauffman, L. J. (2011). Using Cl/Br ratios and other indicators to
assess potential impacts on groundwater quality from septic systems: A review and
examples from principal aquifers in the United States. Journal of Hydrology, 397(3-4),
151-166. doi:10.1016/j.jhydrol.2010.11.017
Knopman, D., Wachs, M., Miller, B., Davis, S., & Pfrommer, K. (2018). Renewing America’s
Infrastructure: An Agenda for Federal Transportation and Water Policy. Public Works
Management & Policy, 23(4), 310-323. doi:10.1177/1087724x18789703
Mallin, M. A., & Mciver, M. R. (2012). Pollutant impacts to Cape Hatteras National Seashore
from urban runoff and septic leachate. Marine Pollution Bulletin, 64(7), 1356-1366.
doi:10.1016/j.marpolbul.2012.04.
Lennig 6
New budget and rates adopted for FY2022 & FY2023. East Bay Municipal Utility District. (n.d.).
Retrieved October 13, 2021, from https://www.ebmud.com/customers/billing-
questions/budget-and-rates/.
Palmer-Felgate, E. J., Mortimer, R. J., Krom, M. D., & Jarvie, H. P. (2010). Impact of Point-
Source Pollution on Phosphorus and Nitrogen Cycling in Stream-Bed Sediments.
Environmental Science & Technology, 44(3), 908-914. doi:10.1021/es902706r
Project materials. Town of Paradise Sewer Project. (n.d.). Retrieved October 13, 2021, from
https://paradisesewer.com/project-materials/.
Sewer Regionalization Project Advisory Committee to hold first public meeting. (2021). Town
of Paradise Sewer Project. https://paradisesewer.com/wp-
content/uploads/2021/04/SRPAC-First-Meeting_News-Release-3.5.21.pdf.
Short, F. T., & Burdick, D. M. (1996). Quantifying Eelgrass Habitat Loss in Relation to Housing
Development and Nitrogen Loading in Waquoit Bay, Massachusetts. Estuaries, 19(3),
730. doi:10.2307/1352532
Sneed, D. (2013, June 13). Despite rising costs, Los Osos sewer project is still within budget.
The Tribune. Retrieved October 13, 2021, from
https://www.sanluisobispo.com/news/local/article39447105.html.
Sullivan, J., Asmar, M. E., Chalhoub, J., & Obeid, H. (2017). Two Decades of Performance
Comparisons for Design-Build, Construction Manager at Risk, and Design-Bid-Build:
Quantitative Analysis of the State of Knowledge on Project Cost, Schedule, and Quality.
Journal of Construction Engineering and Management,143(6), 04017009.
doi:10.1061/(asce)co.1943-7862.0001282
Withers, Paul Ja, et al. “Do Septic Tank Systems Pose a Hidden Threat to Water Quality?”
Frontiers in Ecology and the Environment, vol. 12, no. 2, 2014, pp. 123–130.,
doi:10.1890/130131.
https://paradisesewer.com/wp-content/uploads/2021/08/CLEAN-PDF-Paradise-Sewer-Project-
Public-Scoping-Summary-Report-with-Attachments_20210721.pdf (FIX)
https://paradisesewer.com/wp-content/uploads/2016/05/Paradise-Sewer-Project-Report-Staff-
Report-dated-062117.pdf (FIX)