On Feb. 4, 2020, San Francisco Baykeeper sued the City of Mountain View. The lawsuit concerns bacteria in untreated stormwater. A number of community members have raised questions about the City’s defense of the Baykeeper litigation and why we don’t settle the lawsuit.
Here are details that explain the City’s position and what we continue to do to protect local creeks from pollution:
- The City agrees that bacteria in stormwater is a serious concern. That’s why the City has long-standing programs and procedures in place to detect, prevent and address sources of contamination. Examples include:
- Inspecting local businesses to ensure their operational practices minimize pollution to the storm system (e.g., from trash and animal or food waste).
- Hydro-flushing sewer lines to minimize sanitary sewer overflows; repairing manholes and sewer pipes; clearing tree roots; and treating for fats, oils and grease.
- The City is actively testing stormwater and investigating sources of bacteria. We allocate millions of dollars annually to inspect, replace and repair sewer and stormwater infrastructure. Some examples include:
- The City’s Capital Improvement Program allocates $51.5 million over the next 20 years to replace sewer mains.
- We invest over $200,000 annually for contractors to complete condition assessments of the City’s sewer mains.
- In 2023, we completed design and awarded construction contracts for major sewer main replacement projects that included 8,100 linear feet of new pipelines at a cost of $11.5 million.
- For 2024, we have planned $9 million in capital investment for the replacement of 4,700 linear feet of sanitary sewer pipelines.
- Unfortunately, bacteria sources are ubiquitous and very difficult to detect, control and mitigate.
- In the last 10 years, the City has had an average of only 2.8 sewer overflows annually. None have impacted waterways.
- The City just completed two calendar years (2022 and 2023) with no overflows from sewer mains.
- Baykeeper waited two years to notify the City after first testing Sunnyvale and Mountain View’s stormwater in 2017 and allegedly finding bacteria.
- When the City was informed of the potential issues with bacteria, we proactively contacted state regulators. We also worked with those regulators throughout their permitting process to ensure specific requirements related to bacteria were included.
- We are in compliance with our new stormwater permit, which includes stringent requirements to address bacteria.
- Baykeeper was not interested in working proactively with the cities or giving us a chance to take action to address the allegations. Instead, Baykeeper chose to file costly lawsuits.
- In a recent court filing, Baykeeper asked the court to order the cities of Mountain View and Sunnyvale to pay $1.8 million in attorney’s fees before the cases have even gone to trial. We believe (and have asserted in court) that Baykeeper’s lawyers have significantly inflated their fees through excessive, unnecessary and duplicative billing.
- In other settlements such as Baykeeper’s settlement with the City of San José in 2016, Baykeeper has gained the right to monitor the City’s stormwater activities for an extended period. Cities have been required to make annual payments to Baykeeper as well as third party nonprofit organizations.
- The City is already stringently regulated by the San Francisco Bay Regional Water Quality Control Board and other state and federal agencies. The City does not believe it needs Baykeeper – a private, nonprofit organization that is unelected and unaccountable to the voters – to regulate us.
- The City has a fiduciary duty to Mountain View taxpayers and the community to not pay excessive or unwarranted settlements when we are sued and to cite valid legal arguments, such as relevant U.S. Supreme Court decisions, that support our defense.
Mountain View is, and will remain, committed to protecting and preserving our environment, especially our local waterways. The City will continue to follow all laws and regulations in place to protect our waterways and public health.
Learn more about our water and wasterwater (sewer) services to residents and businesses.
