Lawsuit claims Laguna sewer system is inadequate
A Laguna Beach resident plans to file a court petition to join, as an individual plaintiff, a federal lawsuit alleging structural defects in the city’s waste water management system.
California River Watch filed suit in October after notifying the city of its intent last June. The environmental watchdog group says the defects allow raw sewage to flow through storm drains, gutters and canals and ultimately contaminate Aliso Creek and the Pacific Ocean.
The complaint, filed in U.S District Court for the Central District of California, alleges violations under the Federal Pollution Control Act, more commonly known as the Clean Water Act.
Laguna Beach resident Roger Butow plans to petition the court to join the lawsuit. Butow co-founded the Clean Water Now! Coalition, which operated for 15 years in the city before re-creating itself in 2013 as Clean Water Now with a new board and mission statement.
According to Butow, the lawsuit was spurred by two decades of “chronic” sewage overflows in Laguna Beach and inaction by city government to adequately solve the problems in the storm drain and waste water collection systems. He said the community has been harmed by sewer odors and the closure of beaches and other waterways during overflow periods.
“I am joining this litigation because frankly the city of Laguna Beach seems to be reactive, only repairs what breaks down instead of performing preventative maintenance,” Butow said. “Litigation seems to be the only motivator that the city understands or bothers to respond to that will trigger necessary change.”
The complaint cites state government statistics indicating that Laguna Beach recorded 43 cases of sewer system overflows over a five-year period from 2009 to 2014. River Watch contends the system is antiquated, defective in parts and inadequate because of material deterioration and population buildup over 90 years.
The suit also alleges that leaks in aging, damaged and structurally defective sewer lines adjacent to surface waters are continuous and the contaminated water has been shown to be a substantial public health hazard.
While noting that city employees are generally prohibited from commenting on pending litigation, Laguna Beach City Manager John Pietig wrote in an email that city officials are addressing the lawsuit and have been meeting with representatives of River Watch so the organization “may obtain a more informed understanding of city programs and services.”
With no trial date yet established, River Watch confirmed that case management meetings have been held with Laguna Beach officials and stated it would welcome the opportunity to resolve the issues out of court.
[For the record, 10:25 a.m. Feb. 10: An earlier version of this story stated the Clean Water Now! Coalition is defunct. The coalition operated for 15 years in the city before re-creating itself in 2013 as Clean Water Now with a new board and mission statement.]