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Wednesday, October 31, 2012

Challenges to RWQCB Septic Prohibition Legality Grow

• City Defers Filing Lawsuit Over the Ban

BY BILL KOENEKER

While Malibu city officials have deferred legally challenging the LA Regional Water Quality Control Board and the state water board in Sacramento over the Civic Center septic ban, there are others that have filed suit.
Malibu municipal officials have deferred doing so while they work from a memo of understanding between the municipality and the water boards.
However, others such as Joan Lavine, a Malibu Road resident and attorney is legally challenging the legitimacy of the discharge ban accusing the boards of not following the law.
Currently she is challenging a lower court's ruling based on the bifurcation of the case and ruling judges. She is also appealing other aspects of the lower court's ruling.
Two environmental organizations, rather than challenging the prohibition, which they asked the board to impose, are challenging the MOU between the city and the water boards.
A petition of the Santa Monica Baykeeper and Heal the Bay is challenging the memo of understanding regarding phased implementation of the basin plan amendment prohibiting on-site wastewater disposal systems in the Malibu Civic Center area.
When the RWQCB board meets next week it is scheduled to discuss these items in closed session when it is also expected to discuss additional litigation by Green Acres, LLC versus the water boards challenging the basin plan amendment prohibiting on-site water disposal systems in the Civic Center.
Green Acres, LLC is the partnership entity, owns the Rancho Malibu Hotel property located on the corner of Pacific Coast Highway and Malibu Canyon Road.

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