Laguna Fined $70,680 for 2008 Sewage Spill

Is The Laguna Beach City Manager Telling Residents The Truth About Our Sewage Spills?

Laguna Beach City Manager Ken Frank, in his August 21st “Friday Update” posted on the website made the following assertion in his formal Press Release: “Last October, the City’s Bluebird sewer pump station developed an unpreventable piping malfunction and 590,000 gallons of sewage were released into the ocean.”

Here’s the quote from the SDRWQCB Staff Report written by Joann Cofrancesco and Rebecca Stewart on August 18, 2009:

Section 4.4 Degree of Culpability

“The Discharger has a moderate degree of culpability for this spill. Accordingly, this penalty factor weighs in favor of imposing a moderate penalty. There are at least four (4) measures that could have been implemented to prevent or reduce the volume of

the Sewage Spill Overflow.”

I challenge the media and locals to go to the SDRWQCB website where you can read the details regarding the Staff’s technical report on those 4 measures plus the logic in this matter. Obviously, it doesn’t match the CM’s spin and damage control, his failure to take any responsibility nor hold us accountable in a mature manner either. Sure, Ken, your dog ate your homework.

https://www.waterboards.ca.gov/sandiego/water_issues/programs/compliance/docs/acls/2009_0040/staff_report.pdf

That his Friday Updates are taking on a more personal, anecdotal tone is amusing, but when he intentionally obfuscates or is duplicitous it only reflects poorly upon gullible readers and the City Council for embracing his flaws.

After being fined $240,000 in June of 2000, he was able to barter down to $60,000 with the Board with the promise we’d take a “Zero Tolerance Approach” to wastewater spills caused by anyone in Laguna. The City also promised to speed up its rehabilitation of our antiquated systems. CWN!C supported the entire $240,000 fine at the ACL hearing in Oceanside as we believe that “Deterrence Drives Compliance.”

Continuously blaming regulatory agencies like Cal/EPA for their responsive and proper oversight in these self-inflicted ecologically decimating violations is like Cleopatra shooting the messenger.

CWN!C will be supporting the Staff recommendation in this matter, mainly due to our perception that the CM continues to mislead locals. It’s a shame the fine can’t come out of his Golden Parachute Retirement Package to teach him a lesson.

Looks like what he really meant was a “Zero Culpability Approach,” and like a husband caught cheating “Deny Deny Deny,” refusing to accept any blame or fault on the City’s part EVER.

One has to wonder how many other times have we (or the LBCC) not received the truth from this man over the past 30+ years of his administration?

Roger von Bütow Clean Water Now! Coalition

(949) 715.1912 www.cleanwaternow.com