Baykeeper drops lawsuit threat

Improvements preventing sewage spills into the Bay and a $250,000 contribution to help restore the San Mateo County watershed are part of an agreement keeping Burlingame from litigation.

In February, Baykeeper — a nonprofit dedicated to protecting Bay Area water quality — threatened a lawsuit stemming from claims the city was not effective in reducing the amount of sewage spilling into the Bay since 2002. As a result, Burlingame will review its system to pinpoint areas that should be upgraded in the future.

"The focus is for us to spend money on delivering higher quality service rather than expend resources on litigation,” said Public Works Director Syed Murtuza.

Burlingame invested more than $30 million rebuilding sewer lines in the last 10 years. It will now review the work done and its effectiveness before devising a plan to fix shortcomings. The cost of these potential upgrades is yet to be known. However, if current sewage rates would not cover such capital improvement needs, those could be increased.

The agreement simply ensures improvements occur, said Murtuza.

Baykeeper welcomed the agreement.

"We’re very pleased to have reached a cooperative settlement with Burlingame to prevent sewage contamination in local neighborhoods and in the Bay,” Baykeeper Program Director Sejal Choksi wrote in a prepared statement. "[Burlingame] will now be taking the right steps to protect the health of both Burlingame residents and our waterways.”

Burlingame will also invest $250,000 to fund projects to help restore the San Mateo County watershed.

Earlier this year, Baykeeper called Burlingame out for a "massive number of spills” which it deemed unacceptable.

Burlingame has reported 30 spills per 100 miles per year, Choksi explained earlier this year. The national average is three to five spills per 100 miles per year, according to the Environmental Protection Agency.

Although not its formal complaint, Baykeeper also alludes to problems with storm drains during heavy rains — a problem Burlingame has been trying to fund for some time.

Earlier this year, the city began researching a storm drain fee facing property owners generating up to $39 million to address such needs.

Heather Murtagh can be reached by e-mail: heather@smdailyjournal.com or by phone: (650) 344-5200 ext. 105.