Department of Water Resources
A daily compilation of significant news articles and comment
June 27, 2007
4. Water Quality
STORM WATER POLLUTION:
Lawsuit: Navy is polluting S.D. Bay; Group cites data on toxins-laden runoff -
PERCOLATION PONDS:
Percolation recycling method to be investigated; Santa Paula's wastewater would seep to groundwater - Ventura County Star
SUISUN MARSH SPILL SETTLEMENT:
Commission to discuss fuel spill settlement use - Fairfield Daily Republic
URBAN WATER SUPPLY RATING:
Editorial: Nipomo’s bad water rating could be good; Certifying a severe rating for the town’s supply could bring funding for a needed water project - San Luis Obispo Tribune
STORM WATER POLLUTION:
Lawsuit: Navy is polluting S.D. Bay; Group cites data on toxins-laden runoff
By Mike Lee, staff writer
San Diego-based Coastkeeper said the Navy and the Department of Defense have allowed contaminants such as copper and zinc to enter the bay at up to nearly 400 times the legal limit. Its lawsuit also alleges that these agencies haven't secured regulators' permission to discharge more than a dozen other pollutants into the bay.
Coastkeeper is asking the court to stop any ongoing pollution and force the Navy to clean up whatever mess it has made. The restoration work could cost tens of millions of dollars.
The litigation punctuates several recent efforts to clean up the region's storm-water pollution, also called urban runoff pollution.
The mix is created when rain picks up contaminants on various land surfaces as it heads toward storm drains, rivers and the ocean.
Coastkeeper's lawsuit is based on about four years of water-monitoring data that Navy officials submitted to pollution regulators.
“By the Navy's own admission, they are violating their . . . discharge limits pretty severely,” said Bruce Reznik, executive director of Coastkeeper. “They really haven't poured in the kind of resources that they need to.”
Coastkeeper is a prominent player in local battles concerning water quality, including its lawsuit several years ago that forced the city of
Walter Ham, a spokesman for Navy Region Southwest, said he could not comment on the lawsuit. But he repeated a common theme among local Navy officials: “We work very hard to safeguard the natural resources that the taxpayers have entrusted to us,” Ham said.
At least 59 storm-water outfalls drain into the bay from the San Diego Naval Base at
John Robertus, executive officer for the San Diego Regional Water Quality Control Board, agreed that Navy officials have struggled to meet the terms of their storm-water pollution permit. But he said their violations are not egregious enough to warrant sanctions.
“Their record has been improving. They are implementing best management practices,” Robertus said.
The water board has limited enforcement options against federal agencies, which generally have immunity from fines involving the Clean Water Act. That leaves state regulators to write stern notices to federal violators or, in rare cases, to sue in hopes of winning a court-ordered remedy.
Cory Briggs, an attorney for Coastkeeper, said lack of aggressiveness by the regional water board forced his client to intervene.
“We wanted to give the Navy and the regional board an opportunity to come into compliance on their own. But enough time has elapsed, and they have proven that they are unable to do that,” Briggs said. “It's not fair to industries that have to comply with the Clean Water Act when their federal neighbor gets off scot-free.”
Coastkeeper's lawsuit comes amid unprecedented attention to regional storm-water pollution.
Two weeks ago, for instance, the water board ordered the city of
In addition, the agency is trying to force the cleanup of tainted sediment in
http://www.signonsandiego.com/uniontrib/20070627/news_7m27pollute.html
PERCOLATION PONDS:
Percolation recycling method to be investigated;
By Sam Richard, staff writer
Officials from a regional board plan to meet with various parties in coming weeks to discuss a plan to address the potential effects of percolation ponds at
Members of the Los Angeles Regional Water Quality Control Board met with several people at the Santa Paula Train Depot on Monday, including geologists, the city's public works director and a concerned family.
Officials at the meeting determined the scope of work that would be done on a "work plan," which can be considered a study, said Cliff Finley, director of public works.
The plan could be ready in several weeks, but its final deadline is Aug. 3, said Rod Nelson, chief of the groundwater permitting and landfills unit with the regional board.
In the plan, a computer program would model groundwater flow that would come from the ponds, Finley said.
Several percolation ponds could be at the new facility, which would be in southwest
The Malzacher family, residents of
Some members of the Malzacher family said they believe that if groundwater rises, their property could be damaged, and they also believe the ponds could pose public health risks.
If an excess of water saturates the ponds, groundwater could rise to surface levels and degrade nearby wells, Finley said.
"We don't want to damage the Malzachers in anyway," he said.
The city's water recycling facility has to be completed by September 2010, a deadline set after the regional board issued Santa Paula a permit with new water discharge requirements. The permit also calls for the potential impacts of percolation ponds to be studied.
If the city does not meet discharge requirements by building its new facility by 2010, it could pay thousands of dollars in fines per day.
In a lawsuit the Malzachers filed against the city of
The lawsuit was dismissed because ground had not been broken at the new facility's site, said Kate Neiswender, an attorney for the Malzachers.
If the ponds do pose a problem, the city could change the plant's design and possibly spend additional money doing so, Finley said.
Adding more percolation ponds could be another change, he said.
Additionally, if there is a problem with the ponds, it would be when the plant is at its maximum build-out, pumping about 4.2 million gallons of treated wastewater a day, which could happen by 2025, he said. #
http://www.venturacountystar.com/news/2007/jun/26/percolation-recycling-method-to-be-investigated/
SUISUN MARSH SPILL SETTLEMENT:
Commission to discuss fuel spill settlement use
By Barry Eberling, staff writer
The Parks and Recreation Commission will discuss the matter tonight.
It is weighing a proposal that sends much of the money to county parks, with the remainder to be available for grants that could help with such things as habitat restoration.
Commissioners meet at 5:30 p.m. at the
In April 2004, a fuel pipeline owned by Kinder Morgan Energy Partners leaked an estimated 103,000 gallons into a marsh duck club.
A year later, the company agreed to pay $5.2 million to settle a lawsuit by the county and state, with the county getting about $975,000.
Belden's Landing is along Montezuma Slough on
The county proposes spending money on such things as more parking, nature signs, security lighting and rip-rap to stop shoreline erosions due to boat wakes and tides.
Commissioner Eva Laevastu, who will be absent at tonight's meeting, has a concern. She noted the Suisun Marsh money must be spent on projects that enhance the marsh's fish, wildlife and habitat.
A key point is whether the proposed Belden's Landing improvements meet this test, she said. The commission also will discuss how to spend $494,974 that can be used countywide. County officials recommend spending $165,000 on environmental education in county parks and $30,000 on
The remaining $399,974 would be available for such projects such as habitat improvement, managing non-native weeds and land acquisitions.
http://local.dailyrepublic.net/story_localnews.php?a=news07.txt
URBAN WATER SUPPLY RATING:
Editorial: Nipomo’s bad water rating could be good; Certifying a severe rating for the town’s supply could bring funding for a needed water project
San Luis Obispo Tribune – 6/26/07
The
More than a year ago, the board recommended a Severity Level 3 rating for Nipomo’s water supply and, at the same time, required additional conservation measures.
Making a distinction between “certifying” and “recommending” may sound like bureaucratic hairsplitting.
It turns out, though, that Nipomo Community Services District officials think they may have a stronger chance of qualifying for state and federal funding for a water project if it has the “certified” designation.
That, alone, is reason enough for the board to approve the designation, and we urge the supervisors to do so. But that isn’t enough.
Such a dismal ranking as a Severity Level 3 should be more than a cause for concern — it should also be a call to action. We urge the Nipomo Community Services District to continue to press forward to find an alternative source of water, to take pressure off the underground water basin now supplying 100 percent of the area’s water.
Last year, it appeared the district was moving ahead to construct a pipeline that would import water from
The Nipomo district is still looking at the pipeline, but it is also considering other options, including desalination. District officials expect to know what direction to take in October, when they have the results of a new study on the pros, cons and costs of the alternatives.
We urge the district not to delay. As we’ve said before, putting off a public works project — whether it’s a sewer, a bridge or a freeway interchange— will only make it more expensive later.
While there is no immediate water emergency in Nipomo—indeed, some contend the community has plenty of water —given the amount of growth occurring in the area, there may not be enough water five, 10 or 15 years from now.
Community leaders need to act now, to avoid a crisis down the road. #
http://www.sanluisobispo.com/news/editorial/story/77341.html
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