Santa Monica Baykeeper tells council it has asked federal court to resume litigation over city sewage spills

Steve Fleischley, executive director of the Santa Monica Baykeeper, told the Los Angeles City Council the environmental group has asked a federal judge to allow litigation to proceed over alleged sewage spills from the city’s system.

Fleischley said the group sued the city in 1998 for sewage discharges into rivers and the Santa Monica Bay and that litigation had been stayed while the Baykeeper negotiated with the city attorney’s office and the Bureau of Sanitation. He said those negotiations had not produced a resolution and that on Wednesday the group asked the court to resume the case; a status conference is scheduled for Sept. 27.

Fleischley provided councilmembers a draft settlement agreement and said the Baykeeper wants the council to be aware of the group’s position before closed‑session discussions with the city attorney. He said the city must comply with the Federal Water Pollution Control Act (Clean Water Act) and asserted that the city’s existing permit does not allow sewage discharges to waters of the United States, whether in wet or dry weather.

Fleischley said upgrades ordered by the regional water quality control board may not be sufficient to stop all spills, and that the Baykeeper has documented an average of roughly one dry‑weather spill per day in the city.

He said the Baykeeper no longer wishes to negotiate solely with the city attorney’s office and Bureau of Sanitation and urged the council to take leadership, noting the group’s preference for a negotiated settlement but readiness to proceed in court if necessary.