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OFFICE OF THE MAYOR
CHERYL COX
MAYOR
September 29, 2009
Ms. Dorothy R. Rice, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Dear Ms. Rice:
RE: NPDES Permit Application for Renewal of NPDES Waste Discharge Requirements
For Order No. R9-2004 - Ol 54, NPDES No. CAOOOli68
Dynegy South, LLC, South Bay Power Plant Discharge to San Diego Bay
The Chula Vista City Council is unanimous in its support of the July I5, 2009, letter (Attached) to John
Roberius and in its expectation that the discharge permit for the South Bay Power Plant (SBPP) not be
renewed or extended. The residents of Chula Vista have shouldered the negative environmental and
economic impacts of this regional facility for almost five decades. The Plant uses an old technology that
constrains public access and economic development plans for 135 acres of bayfront property, and inhibits
the restoration and protection of adjacent habitat.
The City encourages the State Water Resources Control Board (SWRCB) to recognize the unique
characteristic of the South Bay Power Plant that differentiates it from other "once through cooling" power
plants iu California--it discharges into a closed bay.
The City furtJ~er requests that the State Water Resources Control Board direct the Regional Water Quality
Control Board (RWQCB) to conduct a local hearing in Chula Vista as soon as possible. A review of the
record will clearly indicate that the South Bay Power Plant creates substantial environmental damage to
the local watershed. Furthermore, the most recent five-year permit was granted with the understanding
that it would be the last permit for this facility.
Public agencies, including our City, have limited resources. However, this is a once-in-five-
years process that all of us were obligated to plan for. The SBPP is one of the two largest such
facilities in the San Diego region. According to the SWRCB's most recent study, SBPP uses up
to 600-bi~keu gallons of bay water per day, and annually kills approximately 390,000 fish through
impingement and 2.4 billion larvae through entrainment. The RWQCB general statement says, "The
primary duty of the Regional Board is to protect the quality of the waters within the Region for all
beneficial uses." The Chula Vista City Council asked that the RWCQB make the process for denying this
permit a priority.
Five years ago, as a responsible partner, Dulw Energy included the City in the process at the very early
stages of permit application development. As stated in our letter to Mr. Robertus, the City did not
276 fourth Avenue • Chula Vista • California 91910 • (619) 691-5044 • Fax (fi19) 476-5379
ccox@chulavistaca.gov
(_r~ro~iro~~~~~~, x„~r~irn v.,o~,
Ms. Dorotlry R. Rice, Executive Director
September 29, 2009
Page 2
intervene in the RWQCB process and supported Duke and the Port in minimizing impacts and costs to
SBPP operation by phasing in minimal standards. That collaboration was based on the founding principle
that SBPP would not operate beyond the current lease term, would be decommissioned by February 2010,
and would therefore not need or seek an extended permit from the RWQCB. Dynegy's current permit
request represents a failure to meet that commiunent.
San Diego Bay and its surrounding habitat will not begin fully to restore itself from 50 years of the
Plant's impacts until the Plant ceases drawing and discharging exceptionally large volumes of water
through this closed water body.
The community will not realize the financial means to restore and preserve that habitat, provide public
access and the economic opportunities the bayfront represents until the SBPP is decommissioned and
dismantled, and the adjacent marine habitat has the resources and time to be restored.
Please help us convey in the strongest manner to the SBPP operator and the other state regulatory
agencies that 1950s technology and discharge practices of the past century do not meet this region's water
quality standards for this unique watershed today. We ask that you encourage the RWQCB to conduct its
hearing/s in Chula Vista. Doing so will provide an open and inclusive opportunity for South Bay
residents to hear from all parties and review the data.
Thank you for your consideration.
Respectfully,
Cheryl Cox
Mayor
Rudy Ramirez
Deputy Mayor
Steve Castaneda
Councilmember
Attached: Letter to John H. Robertus
cc: Charles R. Hoppin, Chair
Francis Spivy-Weber, Vice Chair
Arthur G. Badggett
Tam M.Doduc
Pamela Bensoussan
Councilmember
Jim Sandoval, City Manager, Chula Vista
Michael T. Meacham, Director of Conservation & Environmental Services
276 Fourth Avenue • Chula Vista • California 91910 • (619) 691-5044 • Fax (619) 476-5379
ccox@chutavistaca.gov
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