Vista, Carlsbad challenge proposed fine for sewage spill By Craig Tenbroeck North County Times November 3, 2007 NORTH COUNTY -- Vista and Carlsbad formally objected Friday to the proposed $1.1 million fine they are facing for a massive sewage spill last spring, telling water quality officials that the assessment of the situation was flawed and the penalty inappropriate. In a weighty written report, the cities argued that San Diego Regional Water Quality Control board shouldn't fine them for the incident. But if the panel ultimately decides that a fine is necessary, the cities said, the amount should be closer to $44,000, based on past precedent and "a reasoned and fair application of existing policy." The board has scheduled a hearing for Dec. 12 to consider the matter. Eric Becker, an engineer with the water quality control board, said Friday afternoon that he had not had a chance to review the response. The sewer main, jointly owned, transports waste to a regional treatment plant on the coast. It was only halfway through its estimated 50-year lifespan when the rupture occurred in late March and early April. Analysts determined that a tear in the protective liner allowed corrosive soil to eat a hole in the pressurized pipe. By the time the fissure was repaired, 7.3 million gallons of waste had flowed into Buena Vista Lagoon. Months later, the water quality agency issued its complaint, which faulted the cities for failing to effectively monitor the sewer line and for failing to perform some preventive measures, such as replacing the sewer line or installing a backup system. For a spill of that size, the maximum penalty allowed by law was $73 million, according to the complaint. Repair and cleanup have already cost more than $700,000, the cities state in their response. Because Vista owns about 90 percent of the pipe where the breach occurred, it would be hit hardest by a fine. While acknowledging that the spill, which killed nearly 1,700 fish, was "significant and unfortunate," the cities claim that the agency based its proposed fine on "numerous factual errors" that led to erroneous conclusions. The agency stated, for example, that the leak wasn't discovered for nearly two days. But the cities argue that it was detected in about 20 hours. "We are interested in correcting the record," Larry Pierce, Vista's engineering director, said in a telephone interview Friday afternoon. The cities ask that if a fine is assessed, the money be reserved for local projects. Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com Copyright 1999-2007, California Coastal Coalition Phone: (760) 944-3564