Boutris Wittfogel: Getting the Regional Water Boards to do their job

How does one compel a Regional Water Board to do their job? Well, thanks to the First amendment to the Constitution, (and the 14^th Amendment) We the People, have the right to petition the (state) Government for a redress of grievances. For the Regional Board decisions, that usually means asking the State Water Resources Control Board to set right, remedy, or rectify a Regional Board's decision.   This happens often; companies, cities, environmental groups, sewer districts all routinely claim grievances. There is lots of legal machination that can go on here, but the usual pattern involves the State Water Board, or really its attorneys, dismissing the petitions without ever hearing the complaints. Occasionally, the State Water Board actually hears the complaint, and even more rarely, finds in the Petitioner's favor. If the State Water Board finds in favor of the Petitioner, the State Water Board will 'remand' the issue back to the Regional Board to fix it as directed. 

 

But what happens when the Regional Board, on remand from the State Water Board, ignores the State Water Board? I suppose the Petitioner could  petition the State Water Board again and again. Or perhaps, the Petitioner, with a war chest of money and dogged determination, could pursue a remedy in court. If the Petitioner proves correct, the practical result is the Regional Board's poor decision is allowed to persist for years or decades. Poor decisions by the Regional Board often means people cannot safely drink the water, fish get sick or die, and birds develop grotesque deformities. 

 

Let’s consider the city of Davis' wastewater, where this scenario appears to be happening with stunning arrogance. Back in 2007, the Central Valley Regional Water Board issued a permit to Davis that essentially illegally allowed Davis to dump toxic metals like copper into the Delta. When petitioned, the State Water Board agreed with the Petitioners and ordered the Regional Board to go back and fix the problem in an explicit way. 

 

The Regional Board's response? Ignore the State Water Board (and the law) by using the exact same numbers the State Water Board found to be illegal. 

 

The Regional Board, and in addition in this case, Davis, benefit from the obscurity and arcane technocrat-ese in which this debate occurs. How do working people have the time to pay attention to this? Of those that might, who would possibly catch on to this dismissive arrogance? The Petitioner did. But does anyone notice or care?

 

It's not supposed to be like this. By legal mandate, the Regional Board is charged with preventing and abating water pollution and nuisance. But, here they have been found to be allowing, if not, advocating for the opposite. What kind of government are We the People getting when the Regional Board behaves like an obstinate child thumbing its nose at its befuddled mother?   What are the citizens of Davis getting for being able to dump toxic copper into the Delta with impunity?   Do they even know?

 

In September, the Regional Board will reconsider the Davis permit at its regular meeting; your chance to see the Regional Board members in action and let them know you are watching too and expect them to enforce the law and protect public safety.