Yucca Valley, Ca.,- A review of the Hi-Desert Water District regular meeting agenda for Wednesday, February 19, 2014, indicates the Board of Directors will pass a Resolution “to express their intention to prohibit the use of septic systems and all other local means of sewage disposal upon the completion of the District’s Wastewater Reclamation Project.”
The HDWD is trying to close the loophole that allowed Home Depot, Super Walmart and the Senior Housing projects to install package treatment plants, which were approved by the Regional Water Quality Control Board with strict treatment discharge requirements. The HDWD is seeking to stop any “alternative individual sewer system” from being exempted from hooking up to their main sewer plant, however, that authority comes from the Water Quality Control Board. Legal counsel from the CRWQCB is reported to have said, “we live in the USA and the CRWQC Board/Staff will not tell anyone what to do.”
The HDWD may pass a Resolution, but the legal position comes from the State Water Quality Control Board. The Town has tried to overrule this entity in the past and failure has been the result. It is believed to make it stick, they will need to have the State Water Quality Control Mandate their resolution requirement at the State level as written by their legal department. A Resolution is not a law and the HDWD does not have the authority to make law. The Resolution on page 49 of the agenda cites California Water Code 31103, and here is the link for you legal eagles out there. (Wat:31100-31106>LINK )
Resolution: The official expression of the opinion or will of a legislative body.
The practice of submitting and voting on resolutions is a typical part of business in Congress, state legislatures, and other public assemblies. These bodies use resolutions for two purposes. First, resolutions express their consensus on matters of public policy: lawmakers routinely deliver criticism or support on a broad range of social issues, legal rights, court opinions, and even decisions by the Executive Branch. Second, they pass resolutions for internal, administrative purposes. Resolutions are not laws; they differ fundamentally in their purpose.
In all legislative bodies, the process leading to a resolution begins with a lawmaker making a formal proposal called amotion. The rules of the legislative body determine how much support must be given to the motion before it can be put to a general vote. The rules also specify what number of votes the resolution must attract to be passed. If successful it becomes the official position of the legislative body.
As a spontaneous expression of opinion, a resolution is intended to be timely and to have a temporary effect. Typically resolutions are used when passage of a law is unnecessary or unfeasible. In many cases relevant laws already exist. The resolution merely asserts an opinion that lawmakers want to emphasize. Thus, for example, state and federal laws already criminalize illicit drugs, but lawmakers have frequently passed resolutions decrying illegal drug use. Political frustration sometimes leads lawmakers to declare their opposition to laws that they cannot change. Additionally, resolutions are common in times of emergency. War commonly brings resolutions in support of the nation’s armed forces and the president (who, at other times, can be the subject of critical resolutions).