State fines Modesto for sewer spills. City to spend the money on this worthy cause
Modesto and state officials got creative in resolving two sewage spills into the Tuolumne River in 2021.
The state agreed to let the city put its $325,000 fine toward a 42-cabin project for unhoused people at Ninth and D streets. The money will go specifically to the restroom, shower and laundry buildings and their water and sewer hookups.
The logic? The restrooms will serve a population that might at times relieve itself near the river or in other unsanitary places.
The site, Dignity Village Modesto Interim Housing , is scheduled to open by Jan. 31 on the city-owned dirt lot. It will provide 70-square-foot homes and social services for people with serious mental illness and-or substance use disorder.
Other partners will cover most of the construction cost of about $3 million and annual operating expenses of about $1 million.
The sewage spills did not result in a public health emergency but did violate rules for keeping pathogens and other pollutants out of rivers. They were investigated by the Central Valley Regional Water Quality Control Board , a state agency.
Initial fine was much higher
The board initially sought a $4.4 million fine but negotiated it down over three years, Modesto Utilities Director Will Wong said. He was speaking Sept. 10 to the City Council, which then voted 7-0 to accept the settlement.
"We would apply our penalty to fund the restroom facility, so it saves that (Dignity) project $325,000," Wong said.
The spills happened on Dry Creek just upstream of where it flows into the Tuolumne. They totaled about 420,000 gallons, but high river flows following a storm helped to dilute them, the water board said.
The first spill happened in the late morning of Oct. 24, 2021, when a badly corroded pipe burst amid the rain. It leaked for about 25 hours before being discovered.
The second spill was Oct. 30, due to clogging of a temporary line that was handling the first pipe's wastewater. City workers repaired it within 75 minutes.
Why did Modesto get a lower fine?
The water board said it reached the settlement to avoid costly litigation and because the city cooperated with efforts to improve the sewer system. This includes rerouting of a major collection line away from the river in and near west Modesto.
The settlement took effect 30 days after the council vote. The water board publicized it in a Nov. 1 news release, which stressed that Modesto must adhere to the rules.
"These sewage spills have the potential to impact aquatic life and human health," said John Baum, assistant executive officer. "... The amount of the penalty reflects the need to hold the city accountable to ensure sewer infrastructure is properly maintained."
The initial $4.4 million fine would be the maximum under a board formula. State law allows up to $10,000 per day of spilling and $10 per gallon discharged.
In an email statement to The Modesto Bee on Monday, the city acknowledged that it should not have allowed the spills. It also noted how the board "graciously agreed to allow the city to direct the full amount of the penalty to fund this portion of (the) bridge housing project."
Site will have dining, dog run and more
As of Tuesday, components of the future cabins sat on pallets behinds construction fencing. Each will get heating, cooling, electricity and drinking water. The site will have a dining hall, dog run, garden, office space and other common areas.
The complex will be built by San Francisco-based DignityMoves , which uses prefabricated materials to quickly build housing. A Fresno-based limited partnership called Modesto BHBH will operate the site for Stanislaus County Behavioral Health and Recovery Services.
