Department of Water Resources
A daily compilation of significant news articles and comment
March 19, 2007
4. Water Quality
AG WATER REGULATION:
Senate panel weighs bills to prevent E. coli - Associated Press
SEWAGE PLANT ISSUES:
Further delays seen for border sewage plant - San Diego Union-Tribune
CARGILL PONDS DEVELOPMENT:
Cargill ponds ruling may ease bay development; APPELLATE PANEL'S RULING IN CARGILL CASE COULD SIMPLIFY BUILDING PLANS - San Jose Mercury News
CONTAMINATED WATERWAYS:
EPA lists more dirty waterways - Stockton Record
LOS OSOS:
Default may hurt chances for Los Osos sewer loan - San Luis Obispo Tribune
WATER CLEANUP:
Eng seeks funding for basin - Pasadena Star News
DRINKING WATER:
State fines River Pines Public Utility District for drinking water violation - Amador Ledger Dispatch
SEWAGE SPILL:
Warnings removed after Arroyo Grande sewage spill - San Luis Obispo Tribune
EMPIRE MINE CLEANUP MEETING:
AG WATER REGULATION:
Senate panel weighs bills to prevent E. coli
Associated Press – 3/19/07
By Steve Lawrence, staff writer
The Agriculture Committee has scheduled a hearing Tuesday on three bills that would regulate water, fertilizer and toilet use in the fields; set up systems to trace, recall and quarantine contaminated produce; and require growers of leafy green vegetables to be licensed by the state.
The legislation would authorize fines of up to $25,000 and jail sentences of up to a year for violating the measures' provisions.
The bills were introduced by Sen. Dean Florez, D-Shafter, after officials linked
Instead of the bills, agriculture groups are touting a marketing agreement system they say will make the legislation unnecessary.
"There is no one in this industry who has any desire ... to play games with food safety," said Tim Chelling, vice president of communications for the Western Growers Association. "These folks are very much aware that whatever they do is under the scrutiny of the country. It's a top priority here."
But Elisa Odabashian, director of the West Coast office of Consumers Union, said the industry needs to be regulated by an impartial state agency.
Self-regulation ... seldom protects consumers from contaminated and dangerous products, she said. If the industry wants to regain the confidence of consumers, they are simply going to have to be regulated by someone other than themselves.
There are hundreds of strains of E. coli. Most are harmless, but one can cause diarrhea, abdominal cramps and even kidney failure in humans. It can be found in the intestines of healthy cattle, sheep, goats and deer.
Most E. coli infections are caused by eating undercooked meat. It can also be contracted by eating sprouts, lettuce or spinach contaminated by manure.
One of Florez's bills, in an attempt to prevent such contamination, would set quality requirements for irrigation water, prohibit growers from using untreated manure for fertilizer and ban toilets from the fields.
It also would require the Department of Public Health to adopt additional acceptable practices for growing and processing leafy green vegetables, including testing water, soil and produce for contamination.
A second bill would authorize the department to set up an inspection program for leafy vegetables, license growers and adopt recall and quarantine procedures for contaminated produce.
The third would require growers and processors to set up a numbering system to enable officials to trace contaminated produce.
Lettuce and spinach processors have created their own regulatory system, tapping a 1937 marketing agreement law that is usually used to set packaging and quality requirements for agricultural products.
That program, approved in February by the Department of Food and Agriculture, is being developed by a 13-member, industry-dominated board. Supporters hope to have it in operation by April.
The industry system will include procedures on water testing, soil treatments, and sanitation for workers and tools. It also will call for inspections by the Department of Food and Agriculture and a tracking system, Chelling said.
Processors will refuse to accept crops from growers who don't follow the requirements, and produce grown using the system's procedures will be marked to assure consumers that it's safe, he said.
"If you waited for legislation, you might still be talking about this a year from now," Chelling said.
A similar marketing program is planned for growers.
But Odabashian complained that participation in the marketing agreement is voluntary and said she doesn't trust the state agriculture department to ensure that the industry's program works.
"The Department of Food and Agriculture is not the government body to oversee this industry," she said. "Their charge is to promote this industry. That is not in favor of consumers."
Florez said the regulatory approach is safest. The industry, he said, "says Let's put a Band-Aid on it and cross our fingers and hope there is not another E. coli outbreak.'"
Spokesman Steve Lyle said the department has a long history of enforcing the requirements of marketing agreements.
"We will have people who will verify adherence by signatories to the marketing agreement to the standards they establish," he said. "But a lot of the particulars, such as what will the standards be and what will the inspection program look like, is work still to be done by the (marketing agreement) board." #
http://www.insidebayarea.com/search/ci_5470024
SEWAGE PLANT ISSUES:
Further delays seen for border sewage plant
By Mike Lee, staff writer
The
In response, a leading regulator said he's not likely to agree to an extension.
“We have repeatedly given them more time and it doesn't work,” said John Robertus, chief of the San Diego Regional Water Quality Control Board. “We have set the bar, and I am not inclined to move it.”
Missed deadlines could land the parties back in federal court because Judge Barry Ted Moskowitz has ordered the agency responsible for sewage treatment along the border to meet
A spokesman for the Bajagua Project LLP, the
“If that deadline is missed, it won't be missed by much,” said spokesman Craig Benedetto. “This is a very complicated project being negotiated between two governments, . . . and there are going to be delays as a result of that.”
The U.S. International Boundary and Water Commission said in letter obtained Friday by The San Diego Union-Tribune that Bajagua had “suggested” adding five months to a May 2 deadline. By that date, the company is supposed to have critical pieces of the complex project in place, including financing and a construction contract.
Until now, the parties have largely maintained that it was possible to meet Moskowitz's order.
“This is the first time that Bajagua has indicated uncertainty about its ability to complete the secondary (wastewater) treatment facilities in
Without seeking competing bids, the boundary commission selected Bajagua to improve treatment of sewage that flows across the border. The commission's existing plant in San Ysidro has failed to meet
Bajagua proposes re-treating that wastewater in
The project has drawn both support and fire in the
Backers say it's an innovative way to stem the flow of untreated and lightly treated sewage from
Boundary commission officials have their own concerns about Bajagua's plan. A commission spokeswoman said last month that upgrading the San Ysidro plant would be “more efficient and less expensive” than a new one in
The next week, Marin issued a news release saying he was “committed to moving forward with . . . the Bajagua Project.” But in his letter to Robertus, Marin reiterated that his agency could choose to improve the existing facility “should the Bajagua project not be able to assure timely compliance” with the Clean Water Act.
The Bush administration's budget proposal for fiscal year 2008 included up to $66 million for sewage plant upgrades in the
It also included up to $3 million for the
http://www.signonsandiego.com/uniontrib/20070318/news_1m18sewage.html
Associated Press – 3/17/07
A waste water treatment plant that Mexican officials say will help prevent pollution of
The Arenitas plant will treat waste water and discharge it into the Hardy River, a tributary of the Colorado River in Mexico, rather than dumping it untreated into waterways that run into California's Salton Sea, Mexico's National Water Commission said in a press statement.
"This will stem negative impacts on the environment and the health of residents in the eastern sector of
Construction on the $30.5 million plant began in 1999 and the first stage was finished in January. A second project "foreseen in the medium term" would double the plant's capacity, according to the statement.
The project was funded in part by the North American Development Bank, the Japan Bank for International Cooperation, and the Mexican government.
While environmentalists say more water is needed to support wetlands and former wetlands in the Colorado River delta, the statement said treated water from the plant could be used for industry or farming. #
CARGILL PONDS DEVELOPMENT:
Cargill ponds ruling may ease bay development; APPELLATE PANEL'S RULING IN CARGILL CASE COULD SIMPLIFY BUILDING PLANS
By Paul Rogers, staff writer
At first glance, it looks like a mundane case: a long-running dispute between environmentalists and industry over a pile of salty mud on the shores of
But a recent federal court decision rebuking the environmentalists has made the 10-foot-high pile near
Issued by the 9th Circuit U.S. Court of Appeals in
"This case substantially curtails federal authority to regulate certain water bodies," said Reed Hopper, an attorney with the Pacific Legal Foundation, a
Two environmental groups, San Francisco Baykeeper and the Citizens Committee to Complete the Refuge, based in Palo Alto, sued Cargill Salt in 1996. The groups argued that the company was violating the Clean Water Act by piling up waste mud and salt from its salt evaporation ponds on a 17-acre site adjacent to Mowry Slough near
The Clean Water Act bans the dumping of pollution or the developing of "navigable waters," which it calls "the waters of the
In the Cargill case, environmentalists argued that the area where Cargill stored waste should qualify as "waters of the
By a 3-0 vote, a 9th Circuit panel overturned the ruling. Writing for the majority, Judge William Canby said there is no evidence that salty mud from the site - even when rainwater collected on it - had polluted the bay. He also ruled the lower court's interpretation of the law was overly broad and that simply being adjacent to the bay is not enough to qualify for Clean Water Act protections.
"The district court improperly expanded the regulatory definition of `waters of the
He also called any harm from the site "speculative or insubstantial," adding it "does not significantly affect the integrity of the slough."
Cargill officials sold 16,500 acres of their salt evaporation ponds to the federal and state government in 2003 for $100 million. Government biologists are working to restore those areas to wetlands for birds and fish.
Cargill, however, retained 4,400 acres where it continues to harvest salt for roads, food and medical uses. In the government sale, an appraisal said Cargill's ponds were worth about $20,000 an acre because they couldn't be filled and developed under the Clean Water Act. But if its remaining lands can be developed, they could be worth $1 million an acre or more.
"One of the goals of this case was to get some clarity about this pond, with the hope it would have a ripple effect on other parcels and ponds," said Leo O'Brien, a Baykeeper board member.
Lori Johnson, a Cargill spokeswoman, said the court ruling applies to all of Cargill's remaining lands.
"Of course it was great to be vindicated after all these years," Johnson said. "It bolsters and reinforces our position that our operating properties - evaporation ponds, crystallizer beds, parking lots and our buildings - are not `waters of the U.S.' and subject to Clean Water Act jurisdiction."
Cargill has entered into a partnership with DMB Associates, a home builder, to try to develop 1,400 acres in
But they tried to put the best face on the ruling.
Environmentalists still can argue that any Cargill lands that were historically part of the bay or have a hydrologic connection to it are wetlands and subject to the Clean Water Act, said Michael Lozeau, an
"This ruling is unfortunate, but it's not a disaster," said Lozeau, former executive director of Baykeeper. "It's certainly not the demise of the bay shoreline. Every site is going to be looked at it on its own merits."
Ironically, the pollution issue is largely settled. Cargill changed its processes and stopped producing the mud. It got a storm water permit and now pumps any extra rainwater or bay water that occasionally sloshes over the levee back to other ponds for treatment. Those practices will continue, the company said. #
http://www.mercurynews.com/news/ci_5469791
CONTAMINATED WATERWAYS:
EPA lists more dirty waterways
By Alex Breitler, staff writer
Mercury, pesticides, pathogens - and now, exotic species.
An updated list of
The state is required to compile a list of waterways that need cleaning. This year's version lists more than 700 water bodies statewide, including the entire Delta, the area around the
"What you can see is that virtually every significant water body in the
Most areas were already considered polluted in 2003, the last time the list came out. The water is not necessarily dirtier now than it was then; rather, the list is tweaked as new data becomes available, said Bill Rukeyser, a spokesman for the State Water Resource Control Board.
"We do a lot of on-the-ground work and also a huge amount of analytical work," he said Friday.
Environmentalists in 2003 pushed for exotic species to be considered a form of pollution. In the Delta, the invader of greatest concern is the Asian clam, which appeared in 1986 and eats plankton needed by native fish such as Delta smelt. Smelt have declined tenfold in the past two decades, reports say.
Various chemicals and pathogens were also found in river- and Delta-dwelling fish. Some of that pollution comes from city storm drains and farms; mercury, meanwhile, is traced to historic mines in the mountains.
Many other pollutants are not considered in these studies, said
Water-quality experts are to come up with plans to clean each area. But many of those plans aren't due for more than a decade.
The EPA approved the list Thursday, saying in a statement that "many of
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070318/A_NEWS/703180320
LOS OSOS:
Default may hurt chances for Los Osos sewer loan
By Sona Patel, staff writer
The county may face difficulty getting money to pay for a sewer in Los Osos because the town’s services district defaulted on a multimillion-dollar state loan.
As a result, county officials tasked with the design and construction of a sewer must find a way to repay the $6.5 million borrowed from the state that was spent on a project scrapped in late 2005.
When Gov. Arnold Schwarzenegger signed into law a plan by Assemblyman Sam Blakeslee, R-San Luis Obispo, that transferred design and construction of a Los Osos sewer to the county, his bill-signing message instructed the state not to lend money for the project until the millions borrowed before are paid back, or a payment plan is set up.
The loan came from a state fund that doles out money to
Los Osos was the first community that defaulted on paying back a loan in the fund’s 20-year history, according to William Rukeyser, a spokesman for the state Water Resources Control Board.
"If Los Osos were allowed to walk away from its legally binding debt, that would mean that other communities in
"We want to see that money regardless of where it is," he added. "A loan has to be paid back."
If Los Osos could not use the revolving-fund program, it would have to find money another way, such as through a bond issue or in commercial markets. Either option would bring a higher cost to the town’s residents. And if the repayment amount is added in, the bill gets higher.
"We want (a state loan) because of the low-interest rate making it the cheapest money out there," said Paavo Ogren, the county’s deputy public works director and sewer project manager. "But when you add in the $6.5 million, it no longer makes it cheap money."
Financial issues
Construction on the now-defunct sewer project began soon after the Los Osos district got its first installment of a $135 million state loan in 2005.
That was before a September 2005 recall election in which the campaign centered on financial and environmental concerns about the project. The board majority that ordered construction to start on the sewer was ousted in the recall.
A month later, the new district board stopped work on the sewer. The services district then lost the loan, and the Central Coast Regional Water Quality Control Board fined the agency $6.6 million for taking too long to build a sewer.
The district has spent $4.3 million of the state loan installment on legal and administrative bills and payments to project contractors.
Payback time
If the county wanted to apply for a new state loan, setting up a payment plan for the millions of dollars in default would likely be its best option for getting money.
It would be illegal to roll the defaulted money into a property tax increase because any assessment voted on by property owners could only account for the costs of a new project, according to Jon Coupal, president of the Howard Jarvis Taxpayers Association.
He is known for authoring Proposition 218 — the Right to Vote on Taxes Act approved by
If two-thirds of Los Osos property owners fail to approve a property tax increase, responsibility for building a sewer would, under Blakeslee’s plan, revert back to the town’s services district.
Faced with a web of lawsuits and an estimated $40 million in debts, the Los Osos district filed for Chapter 9 bankruptcy protection.
Meanwhile, the roughly $2 million unspent from state loan proceeds remains frozen by a San Luis Obispo County Superior Court judge.
In April, Judge Roger Picquet blocked the district from using the loan money until the agency resolves a payment dispute with two contractors hired to build the sewer.
If that money were to become available, district board President Chuck Cesena said that he did not know whether it would go toward paying back the state.
"Either way it’ll be used toward the bankruptcy,"
Ogren said the county is hoping to establish a 20- or 30-year payment plan so that Los Osos sewer ratepayers won’t see a significant increase in their monthly bills. #
http://www.sanluisobispo.com/mld/sanluisobispotribune/16929468.htm
WATER CLEANUP:
Eng seeks funding for basin
By Fred Ortega, staff writer
Assemblyman Mike Eng wants to make sure the
Eng, D-El Monte, unveiled his first legislative package Saturday at his new district office on
Included in the package is a bill that would create a state fund dedicated exclusively to removing contamination from the
The underground aquifer beneath the
But contamination from former aerospace and defense plants led the government to declare much of the basin a Superfund site in the 1980s, and officials estimate it will take about $1.2 billion over the next 10 to 30 years to clean it all up.
More than 80 percent of the half-billion dollars secured for the cleanup so far has come from polluting companies and local cities, with the federal government contributing about 13.4 percent. The state, by contrast, has only provided about 1.5 percent of the money for the cleanup.
"The problem is the federal government will only give you money if you have matching funds," said Eng. "This sets up an account in advance so we can tell the federal government we have a dedicated revenue stream that will be able to match any federal funds coming in."
The bill, which is in the subcommittee phase at the state Legislature, does not dictate how much money should go in the fund nor where the funding will come from.
"I don't want to commit to general fund money; there may be other future funding sources available," Eng said.
Gabriel Monares of the San Gabriel Basin Water Quality Authority says the proposed fund would also provide money immediately as new contamination hotspots are discovered.
"We would like the state to put money in each year through the annual appropriations process, or to dedicate funds directly to it with each \ bond that is passed," said Monares, director of resource development for the authority. "This way when we have emergencies, we already have the money."
Among the other bills proposed by Eng since he was elected last November are a piece of legislation requiring each city to create its own environmental commission to advise city council members, as well as bill forcing health care professionals to disclose the details of any medical malpractice settlement.
The state already requires doctors to make such disclosures, and Eng's bill would extend such requirements to chiropractors, nurses, dentists, psychologists and others. #
http://www.pasadenastarnews.com/search/ci_5464265
DRINKING WATER:
State fines River Pines Public Utility District for drinking water violation
Amador Ledger Dispatch – 3/16/07
By Liz MacLeod, staff writer
Customers of the River Pines Pubic Utility District may have noticed something suspicious about the water coming from their taps the second week in February.
A notice of violation was issued Feb. 28 by the California Department of Health Services, Division of Drinking Water and Environmental Management in response to the district's failure to comply with two sections of the California Health and Safety Code.
According to the notice, on Feb. 10, approximately 5,000 gallons of stagnant water was sent through the RPPUD distribution system to customers. The water should have gone to an on-site waste tank.
Since July 2006, the district had been utilizing
"However, due to the rain storms in the latter part of the second week of February 2007, the raw water turbidity levels were higher, and the slow sand filter could not be operated to produce good quality water," the notice said. "So due to this reason, River Pines PUD needed to operate Well 6R to meet its water demands."
Well 6R, not used since last July, had approximately 5,000 gallons of stagnant water remaining in a chlorine contact tank when it was fired up Feb. 10.
"Since the contact tank is vented to the atmosphere, this water could have become contaminated and could also have developed physical water quality problems related to taste, odor, clarity, etc.," the notice said. "Distributing this water to the customers resulted in taste, color and odor problems … (that) lasted approximately until Feb. 12."
Some River Pines residents noticed a change in their water's taste and odor.
Lylis McCutcheon returned to her River Pines home Feb. 10 and discovered a cup of Kool-Aid waiting for her.
"I was asked to taste it," she said in a Feb. 13 letter. "It smelled like pesticides to me and tasted foul. I smelled the Kool-Aid in the pitcher and then the water that came from the kitchen faucet, they had the same odor."
According to CDHS, the Feb. 10 incident violated sections of the California Health and Safety Code relating to the supply and distribution of pure, wholesome, healthful and potable water.
The notice stated that RPPUD should have been prepared for the situation, as it was known the rain storm was coming and that such storms increase the turbidity of the
"This shows that River Pines ran poor operations during this time and needs a good operations plan for preventing this and other situations in the future," it said.
"Water that should have been thrown out was sent to our homes knowingly," McCutcheon said. "The public should be told something, being I am feeling disgusted over having drank what I did when tasting it."
The Health Department is requiring RPPUD to notify district customers about the incident by March 21, prepare the operations plan for Well 6R by March 30 and submit an alternative technology engineering report on the Well 6R treatment plant by April 30, a condition of the plant's original permit.
The notification to customers is to inform them of the problem as well as what actions will be taken by RPPUD to remedy it and prevent similar incidents in the future.
The operations plan must include information about how old water will be discharged from the contact tank and how it will be disposed of once it reaches the waste tank.
If the water is discharged onto land, RPPUD will need to receive a permit from the Regional Water Quality Control Board. If it will be hauled to a wastewater treatment plant, RPPUD must inform CDHS about the details of its waste hauling contract with a water hauling company.
The notice stated that an alternative to leaving old water in the tank and subsequently disposing of it would be to operate Well 6R for at least eight hours every two weeks.
"This way, the water in the tank will be turned over three times every two weeks and will keep the water in the tank fresh and of good water quality to be delivered to the customers," the notice said.
Calls to RPPUD Board of Directors President Hal Jones were not returned as of press time.
http://www.ledger-dispatch.com/news/newsview.asp?c=209112
SEWAGE SPILL:
Warnings removed after Arroyo Grande sewage spill
By Larissa Van Beurden-Doust, staff writer
Bacteria levels in the ocean at the mouth of Arroyo Grande Creek are within state standards after a sewage spill this week, but health officials are still advising people to stay out of the creek until at least Tuesday.
Signs along the creek and at the beach warning people about possible contaminated water were taken down Friday afternoon, "simply because we don’t have any real reason to keep them up," said Richard Lichtenfels, supervising environmental health specialist at the county Public Health Department.
However, he recommends people — especially the very young and old — avoid creek contact from the
An estimated 50,000 gallons of sewage spilled Wednesday and Thursday after a buildup of grease in a sewer line caused sewage to back up and flow out a manhole at
The manhole was in a hard-to-see area, according to city officials, so the leak wasn’t detected for about 24 hours.
Tests showed bacteria levels in the ocean where the creek empties out were well within state safety standards, Lichtenfels said.
For example, there were 20 E. coli bacteria per 100 milliliters of water at the creek’s outlet, while the state maximum is 400 per 100 milliliters.
The health department can’t test the creek because it’s difficult to get an accurate sample — even without a sewage spill — given the bacteria in natural runoff, Lichtenfels said. For those reasons, it will probably never be known how much sewage actually got into the creek.
Contact with sewage-tainted water can produce a variety of illnesses, Lichtenfels said. People can develop flulike symptoms, colds, diarrhea or viral infections.
The city could face potential fines over the spill, which was its first in at least three years.
The Regional Water Quality Control Board will look at a variety of factors before deciding whether the city would have to pay, said Harvey Packard, enforcement coordinator with the board. Those include how well the city responded to the spill, what maintenance had been done or was planned for the backed-up line and the severity of the spill.
"We don’t put penalties on discharges like this every single time," Packard said.
The purpose of a fine, Packard said, is to hold municipalities accountable and make sure they realize the seriousness of such spills.
Potential fines could run $10,000 for each day of the spill, or $10 per gallon, Packard said. The exact amount will depend on which statutes, if any, were violated.
It will likely take several months for the board to investigate the incident and determine whether Arroyo Grande should be fined, Packard said.
Though the city had been following standard maintenance procedures on the line, City Manager Steve Adams said public works employees plan to see if they can increase upkeep of the sewer. #
http://www.sanluisobispo.com/mld/sanluisobispotribune/16924029.htm
EMPIRE MINE CLEANUP MEETING:
By
YubaNet.com
Who: Ron Munson, State Park Superintendent
What: Empire Mine Cleanup
Why: Inform the public on why cleanup needed, implementation plan, timeline
Where: NID Annex building,
When: March 22 at 6:30 p.m.
In December 2006 the Department of Toxics Substances Control (DTSC), Central Valley Regional Water Quality Control Board, California Department of Parks and Recreation and Newmont USA Limited signed a Cleanup and Abatement and Partial Consent Order for the
The
The agreement covers agency-approved, time-critical actions that have begun and will continue for the next several months.
The agreement recognizes that additional environmental work beyond 2006 is necessary at the park, and requires the preparation of a Public Participation Plan to identify the level of public interest and appropriate way(s) to include the public in additional environmental activities and decision-making. Later, the agencies and Newmont may also amend the order to cover additional phases of work. (4)
This effort is creating large, unanticipated work loads on park employees. The issue has been said to be a "shot across the bow" for State Parks, in that they will need to address water quality concerns at other state parks before more lawsuits are initiated. [comment by anonymous source]
The park is also working on their 2007 work plans in an effort to meet the Regional Water Board's requirements.
Residents can get more information on March 22. Wolf Creek Community Alliance will be hosting Ron Munson at their general meeting. Munson is the state park sector superintendent that includes Empire Mine. Munson will be addressing the cleanup at Empire Mine, what the problem is, how it was detected, what the danger is, what the plan is for addressing the issue, who is involved and the timeline for implementation. The meeting will be on March 22 at 6:30 pm at the NID Annex building, across from
Background
In 1989, the State of California Dept of Health Services ordered that signs be posted in
In December 2004, Tetra Tech EM, Inc. ("Tetra Tech") prepared a Source Assessment and Evaluation of Remediation Measures for Metals in Surface Water ("Magenta Drain Report") for DPR. The Magenta Drain Report documents the massive Petition for Review of amounts of pollutants discharging from the Magenta Drain into
In particular, the discharge from Magenta Drain has levels of cadmium, thallium, lead, zinc, copper, mercury, nickel, chromium, aluminum, antimony, arsenic, barium, cobalt, iron, manganese, and vanadium exceeding levels that will cause or contribute to exceedance of numeric and/or narrative WQS applicable to affected waters. Additionally, immediately downstream of the discharge, the Magenta Drain Report indicates the presence of ferric iron oxyhydroxide ("yellow boy") "coating the creek with a thick layer..." Magenta Drain Report, ES-3. Upon sampling, the yellow boy was found to be a hazardous material since it contains concentrations of arsenic above the soluble threshold limit concentration ("STLC").
All told, the Magenta Drain Report indicates that the water discharging from the Magenta Drain should be of great concern to the Regional Board and the public. (6)
In January 2006, The Deltakeeper Chapter of Baykeeper and the California Department of Parks and Recreation signed a consent decree to prevent this hundred year-old toxic waste from continuing to pollute nearby waterways. Deltakeeper filed a complaint in federal court in 2004 on the lack of pollution permits and measures to prevent mine contaminants from washing into Little Wolf Creek, a tributary of the
In May of 2006, The California Water Resources Control Board set Waste Discharge Requirements (NPDES No. CA0085171) and a Time Schedule Order for the California Department of Parks and Recreation ("State Parks"), Empire Mine State Historic Park ("Empire Mine").
In July of 2006, Delta Keeper petitioned the regional water board, claiming The Permit Sets Unreasonably Lax Permit Limits. (8)
In July of 2006, State Parks began to implement their five "Priority Action Work Plans" to clean up sources of water contamination at
The plans include the construction of extensive fencing, some of which extends into Memorial Park. Additionally, a water monitoring station has been constructed, soil samples taken, and trails closed. The plan calls for an asphalt "cap" to cover some polluted areas to prevent contamination from running into the local runoff or seeping into water tables Many more areas of the park may be closed off from visitors. (10)
http://www.yubanet.com/artman/publish/article_52985.shtml
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