Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Cmsa Allocation topic
No spam. Unsubscribe anytime.
Third-party review recommends reinstating flow-strength method for CMSA treatment costs
Summary
A Water Resources Economics review presented to the Ross Valley Sanitary District concluded that the recent CMSA switch to a flow-only treatment cost allocation is inconsistent with industry practice and that permit language does not prohibit including wastewater strength; the board accepted the report and agreed to continue paying CMSA charges under protest while pursuing dispute resolution.
The Ross Valley Sanitary District on July 15 accepted a third-party technical review urging Central Marin Sanitation Agency (CMSA) to return to a flow-strength method of allocating treatment costs.
Water Resources Economics consultants Sanjay (Sanjay Gar) and Will (Will Collin Callan) told the board their survey of peer agencies and regulatory guidance shows flow-strength (which weights both volume and pollutant strength such as BOD and TSS) is the prevalent and legally consistent approach for large regional treatment providers. "It's our opinion that, when strength data isn't available, a flow-only allocation method is in violation of Proposition 26," Will said during the presentation. The consultants also reported that the NPDES permit language cited by CMSA does not prohibit including strength alongside flow.
Board members pressed the consultants and staff for supporting data about how the change would shift costs among member agencies. Staff described a data analysis showing Ross Valley's wastewater strength is statistically lower than some partner agencies, which would increase Ross Valley's allocated share under a flow-only method. Special counsel told the board that "Prop 26 requires the agency setting the rates to bear the burden of proof to defend its rates when they're questioned," and reminded members that RVSD has formally protested CMSA's change through the JPA dispute-resolution process and may face arbitration.
The board voted unanimously to accept the WRE memo "with gratitude" and directed staff to continue paying CMSA invoices under protest while pursuing dispute resolution. Staff and several board members said they will press for greater transparency from CMSA about San Quentin Rehabilitation Center's reported flows and the full allocation tables that inform the JPA billing.
