Central Valley board adopted cease‑and‑desist for Arvin wastewater system; order includes conditional connection restrictions

The Central Valley Regional Water Board adopted a contested cease‑and‑desist order (CDO) in 2023 addressing long‑running operational failures at the City of Arvin’s wastewater treatment facility, regional enforcement staff told the statewide committee.

Regional staff said Arvin self‑reported noncompliance beginning in 2021 after inspectors identified seepage from an above‑grade treatment pond and unauthorized land application at non‑permitted rates. Subsequent inspections found continued use of the degraded pond and emergency discharges to unpermitted areas, including locations with public access. Staff concluded the city lacked adequate storage and disposal capacity to manage its effluent and that restricting new sewer connections would be necessary to allow repairs and protect water quality.

Staff prepared a CDO and brought it to the regional board as a contested hearing after the city declined to accept the draft order. At the hearing, Arvin and other stakeholders argued the connection ban would hamper development revenues needed for repair and that the community is a disadvantaged community with limited financial resources. Staff said the city submitted technical reports that staff judged insufficient and that inspectors documented ongoing discharges and public‑health exposures.

The regional board adopted the CDO. Staff said the order did not impose a blanket prohibition; it barred future connections for projects that did not have a building permit as of the CDO date but included exemptions for projects that alleviate extreme public hardship or public health needs. The order also authorized the regional board’s executive officer to grant additional exemptions based on specific findings that the city demonstrated progress toward corrective actions and that an exemption would not prevent return to compliance. Staff described the CDO as injunctive relief — compliance deadlines and requirements rather than a penalty action — and noted that in this case no monetary penalty was pursued because the community is disadvantaged.

Since adoption, Arvin has sought and received several exemptions for proposed developments, has pursued additional funding and technical support, and has continued monthly meetings with regional staff. The city has hired special counsel and new contractors to assist with compliance work, staff said. Regional enforcement staff said the CDO provided a needed enforceable schedule and authority to focus the city’s efforts and to demonstrate the community’s infrastructure needs to potential funders.

Staff emphasized that enforcement can be a tool to secure repair plans and external resources, not only punishment: the order set enforceable milestones and allowed staff to weigh exemptions carefully while continuing oversight of repairs and public‑health protections.