Department of Water Resources
A daily compilation of significant news articles and comment
March 18, 2008
4. Water Quality
BAY AREA OIL SPILL:
Ship's pilot in S.F. Bay spill charged - Associated Press
Ship pilot charged in spill; VIOLATIONS LEVELED IN BAY CASE HINT FEDS LOOK TO SET EXAMPLE - San Jose Mercury News
Petaluma bar pilot charged in SF spill; Feds' criminal case alleges environmental violations - Santa Rosa Press Democrat
DRINKING WATER ISSUES:
Tests find chemicals at reservoirs; REGION'S WATER CALLED SAFE, BUT CRITICS CALL FOR MORE RESEARCH - San Jose Mercury News
SEWAGE ISSUES:
Occidental sewage plans scuttled;
BAY AREA OIL SPILL:
Ship's pilot in
Associated Press – 3/18/08
By Scott Lindlaw, staff writer
Capt. John Cota faces up to 18 months in jail and more than $100,000 in fines if convicted of the misdemeanor charges, which include harming migrant birds protected by the government and violating the Clean Water Act. Cota was not taken into custody, according to court papers.
Cota was at the helm of the container ship Cosco Busan when it struck a fender protecting a support tower beneath the San Francisco-Oakland Bay Bridge on its way to
The charges filed in U.S. District Court in
"These failures led to the Cosco Busan striking the bridge and spilling the oil," the Justice Department said in a statement.
Cota has disputed some of those allegations.
He told investigators with the National Transportation Safety Board, for example, that he relied upon his radar when fog closed in on the ship that morning. But, he said, the radar became "distorted" and "unreliable" as he attempted to navigate the bay, so he switched to the ship's electronic charting system.
Cota also told investigators he reviewed the electronic charts with the Chinese captain before departing.
U.S. Attorney Joseph Russoniello said Monday he would not rule out the possibility that others will be charged, but declined to name any individuals.
A handful of Chinese citizens who were members of the Cosco Busan crew remain under court order not to leave the region while several investigations unfold because they are "material witnesses," Russoniello told The Associated Press in a telephone interview.
That court order, which keeps the unidentified Chinese men here more than four months after the incident, is in part what prompted prosecutors to file their charges Monday, he said.
"The court which issued the material witness orders was directing us basically to get on with this, get on with the process of (obtaining) the testimony, that it wasn't prepared to give us further continuances while we did all the things we think are necessary to do to complete the investigation," Russoniello said.
"We believe that the proper balance was struck here by filing charges that we knew we could sustain so that we had 'process' before the court which would demonstrate we were now able to move ahead with the process," he said.
Several weeks after the crash, the Justice Department filed a lawsuit accusing Cota and the ship's owners of violating the National Marine Sanctuary Act, the Oil Pollution Act of 1990 and the Park System Resource Protection Act. The suit accuses the defendants of "fault, negligence and breach of federal safety and operating regulations."
The lawsuit seeks unspecified damages to compensate taxpayers for the federal response to the spill. It said the sum of those damages "is not known and shall be established according to proof at the time of trial."
As a result of the Cosco Busan spill, an estimated 2,000 birds died, including federally endangered brown pelicans and federally threatened marbled murrelet, which are endangered under
His attorney, Jeff Bornstein, accused the government of bringing charges before the NTSB concluded its investigation of the crash. The NTSB's final report containing a "probable cause" is not expected until the end of this year.
"Their decision to bring the charges at this time surprises us given the fact that the NTSB is still continuing to really focus on exactly what happened and all the factors that are involved in that," Bornstein said.
Bornstein said he was not aware of any similar prosecutions that came "before a finding of exactly what occurred."
"This is something that concerns us," he said in a telephone interview.
In a separate prepared statement, Bornstein said: "We are hopeful that our dialogue with the government will continue, but we are prepared to vigorously defend against these criminal allegations. We strongly believe that once all of the evidence is heard, a jury will find in Captain Cota's favor."
Cota has sleep apnea and to ward off drowsiness was taking a prescription drug whose known side effects include impaired judgment, officials with knowledge of the investigations told The AP in January. There is no mention of the drug issue in the criminal information, and Russoniello declined to comment on the matter. #
http://www.thereporter.com//ci_8611574?IADID=Search-www.thereporter.com-www.thereporter.com
Ship pilot charged in spill; VIOLATIONS LEVELED IN BAY CASE HINT FEDS LOOK TO SET EXAMPLE
By Howard Mintz, staff writer
The pilot of the cargo ship that sideswiped the
Prosecutors on Monday charged John Joseph Cota with misdemeanor violations of the federal Clean Water Act and the Migratory Bird Treaty Act, saying that his negligence caused the Nov. 7, 2007, collision of the Cosco Busan, spoiled miles of ocean waters and killed thousands of birds. The U.S. Department of Justice previously filed a civil lawsuit against Cota and the ship's owner, but the criminal charges signal an even more aggressive response to a near-disaster that is estimated to have cost at least $60 million in damage and cleanup-related costs.
While the charges were only misdemeanors, they are a sharp departure from recent practice. A Mercury News analysis last year found that federal environmental prosecutions such as the case filed against Cota have become extremely scarce in
"It has gotten a lot of media and public attention, so there is more pressure to file it," said Melinda Haag, former chief of white collar and environmental prosecutions in the San Francisco U.S. Attorney's Office.
David Uhlmann, the Justice Department's former chief of environmental crimes enforcement and now a University of Michigan law professor, agreed, saying a clear message is important for prosecutors considering criminal charges in an environmental case.
"Clearly, the government is sending a message that if you are operating a ship in San Francisco Bay in that manner and it caused the kind of national resource damage that occurred here, that is unacceptable conduct," he said.
In court documents filed in
Cota's first court appearance has not been scheduled, but his lawyer expressed disappointment in the government's decision, particularly with a number of investigations into the spill still unresolved. Members of Cota's defense team said their research shows a pilot has never been criminally prosecuted under the Clean Water Act.
"We obviously believe the decision to criminalize the case is unwarranted and premature," said
Cota, 60, was on board the Hong Kong-based cargo ship, advising its captain, at the time of the collision, which fouled 40 miles of coastline from
The spill has triggered a variety of legal action, including the Justice Department's lawsuit against Cota, the ship's owner and the company's insurer.
The cleanup is for the most part completed, but the investigations continue. The National Transportation Safety Board is among the agencies probing the incident, and is holding public hearings in
If convicted, Cota faces a maximum of 18 months in prison, although the punishment is seldom that severe in misdemeanor cases. He also faces a maximum fine of $115,000.
Bornstein, would not elaborate on Cota's version of the collision, although Cota and his lawyers have previously said radar equipment on the ship was malfunctioning in the heavy fog that morning, and that there was confusion in communicating with the Chinese crew.
But Bornstein said the suspended pilot has been distraught about the accident.
"He is extremely distressed by what has happened here," Bornstein said. "He is someone who grew up in
http://www.mercurynews.com/valley/ci_8609682?nclick_check=1
Santa Rosa Press Democrat – 3/18/08
By Paul Payne, staff writer
The
John Joseph Cota was charged with separate misdemeanor counts of violating the Clean Water Act and the Migratory Bird Treaty Act for his role in the Nov. 7 accident involving the 901-foot ship.
"John Joseph Cota did negligently cause the discharge of oil in such quantities as may be harmful from a vessel . . . into and upon the navigable waters of the United States, without a permit," according to the complaint filed in U.S. District Court in San Francisco.
The allegations say Cota failed to adequately review the proposed course with the captain and crew before leaving port and proceeded at an unsafe speed in heavy fog.
The complaint also says Cota didn't use radar or other navigation aides as he approached the bridge support tower, which opened a gash in the ship's hull.
The spill, the worst in the bay in two decades, spread as far north as Point Reyes National Seashore, killing about 2,000 birds, including federally endangered Brown Pelicans and Marbled Murrelets, on the state's endangered species list, officials said.
If convicted, Cota faces a maximum sentence of 1½ years in prison and $115,000 in fines. Cota, 60, was not taken into custody, according to court papers.
He could not be reached for comment. His wife, Petaluma Councilwoman Teresa Barrett, refused to discuss the charges during a break from Monday's council meeting.
Cota's lawyer, Jeffrey L. Bornstein, said he was surprised by the government's action because the National Transportation Safety Board has not issued a report on its investigation.
Bornstein said criminalizing a maritime accident was inappropriate, and he vowed to vigorously defend his client against the allegations.
"Captain Cota is a veteran who's piloted literally thousands of ships in and out of the bay," Bornstein said. "There are accidents that occur all the time without criminal charges being filed. I think this has been somewhat of a rush to judgment."
Bornstein said a court date has not been set.
The NTSB plans to hold a public hearing on the case April 8 and 9, where it will hear from experts, and the board anticipates establishing a "probable cause" by the end of 2008.
Since the spill, Cota has surrendered his federal license at the Coast Guard's request because of questions about his "physical competence," the agency said.
The state Board of Pilot Commissioners also suspended Cota's license, filing negligence allegations in December. Commission President Mike Miller said an administrative hearing into whether Cota's license will be permanently revoked will take place in September.
The ship's Hong Kong-based owner, Regal Stone Ltd., put up a nearly $80 million cleanup bond before departing in December. This month the owners agreed to pay $2 million in cleanup costs to the city of
The Coast Guard remains under investigation over its response to the spill.
Cota is one of 60 bar pilots trained to guide large ships in and out of the bay. The pilots have intimate knowledge of
Pilots rarely are stripped of their licenses, a penalty not invoked in the past two decades. In 2006, the average salary for a pilot was $491,000.
A veteran of 26 years, Cota has been involved in several incidents, including the grounding of a cargo ship in the
Bornstein said the effects of the accident weigh heavy on his client.
"He grew up here," Bornstein said. "This is his home. He's been working on the waterfront since he was 12." #
http://www1.pressdemocrat.com/article/20080318/NEWS/803180342/1033/NEWS&template=kart
DRINKING WATER ISSUES:
Tests find chemicals at reservoirs; REGION'S WATER CALLED SAFE, BUT CRITICS CALL FOR MORE RESEARCH
By Paul Rogers, staff writer
Water from
The Santa Clara Valley Water District released the information Monday in response to a request by the Mercury News. But the results raise more questions than they answer, including whether the chemicals pose any health risk at such low levels or whether they ever reached household taps.
The chemicals were discovered in 2002 and 2003 during the district's tests of water that had not yet been treated at the district's three treatment plants in
The agency tested for 14 pharmaceutical and endocrine-disrupting chemicals, and eight were found in detectable levels. All the readings were very low, with none reaching above 1 part per billion.
Officials at the district, a
"Just because you can find something doesn't mean it is harmful," said Bruce Cabral, water quality manager for the district.
Officials believe the chemicals came from cities like
The district took the tests - which cost $100,000 - to obtain background data on delta water so it could be compared to water from a proposed recycled water plant the district is considering building, Cabral said. The district did not test the "finished water" coming out of its treatment plants. Those plants, two of which have state-of-the-art ozone treatment systems, would be expected to reduce the levels, although probably not eliminate them entirely.
The chemicals detected in water from the delta and Lexington and Calero reservoirs included ibuprofen and naproxen, found in Advil and Alleve; gemfibrozil, a cholesterol drug; the hormones estrone and 17B-estradiol; and nonylphenols, a chemical used in detergents, pesticides and contraceptives. Tests for other compounds, including testosterone and anti-convulsants, were negative.
Cabral said the district has no plans to do further tests, but is working on a project with the Contra Costa Water District to figure out ways to better filter delta water.
The Mercury News made the request for the data after the Associated Press reported last week that pharmaceuticals have been found in trace levels in the drinking water systems of 24 of
The AP found many water systems don't test for pharmaceuticals. Because such compounds in low levels have not been clearly linked to human health problems, there are no federal health standards for them in drinking water.
U.S. Sen. Barbara Boxer, D-Calif.said last week she plans to hold hearings in April on the issue.
Environmentalists said the findings highlight a need for more research and for new standards from the U.S. Environmental Protection Agency.
"Utilities tell us not to worry, that the levels of contaminants they're finding are too low to cause harm," said Bill Walker, a spokesman for the Environmental Working Group in
"But the truth is that the health effects of this chemical and drug cocktail in our drinking water haven't been studied, leaving us concerned about the risk to infants and others who are most vulnerable."
A top Stanford water researcher said more study is needed.
"Historically we have thought a lot about industrial chemicals - DDT and that kind of stuff - but now we are finding chemicals that you and I buy in the checkout line at Safeway," said Richard Luthy, chair of
http://www.mercurynews.com/localnewsheadlines/ci_8609713
SEWAGE ISSUES:
Occidental sewage plans scuttled;
Santa Rosa Press Democrat – 3/18/08
By Bleys W. Rose, staff writer
Occidental must find yet another solution to its sewage treatment problems now that residents from nearby
Sonoma County Water Agency officials had hoped a joint venture with
Both communities have similar sewage disposal problems, with Occidental under an 11-year-old board mandate to stop discharging into area creeks and
However, a $22 million price tag to build a pipeline from both communities to the Guerneville treatment plant proved too costly for residents.
The proposed pipeline effectively died when the board of the Camp Meeker Recreation and Park District split on whether it was a viable idea. Then, county supervisors officially quashed it two weeks ago when they declared the county is abandoning the plan.
"It is clear now that the project is not feasible," said Luis Rivera, the state water quality board's assistant executive officer. The board will "deal with, hopefully, a new approach and new project that is feasible."
The county has already amassed more than $30,000 in fines levied by the state board for failing to fix the Occidental plant's problems. At its June meeting, the state board is scheduled to listen to alternatives and to consider whether civil penalties should be waived because the communities and the Water Agency have made good faith efforts to resolve the Occidental sewage dilemma.
Sonoma County Water Agency officials said their next idea is to propose a so-called "zero discharge" plan for the Occidental plant.
Water Agency engineer Cordell Stillman said $2 million in upgrade work on the plant's collection system has made it possible for officials to propose operating the Occidental facility like the treatment plant at the airport. There, sewage is treated at a secondary level, stored during the winter and discharged to nearby fields in the summer.
Initial estimates are that a "zero discharge" plan would cost about $7 million, Stillman said.
West county Supervisor Mike Reilly expressed frustration with the process that has resulted in fines of "$31,000 and counting." He has favored regional solutions to the west county's multiple sewage treatment problems, which are more likely to attract federal and state funding than are fixes of facilities in individual communities.
"This is the third or fourth (environmental impact report) that we have done in this process," Reilly said. "We went through a lot of meetings and a lot of time."
Brenda Adelman of the Russian River Watershed Protection Committee, said a regional solution did not work in this case because
"It would be affordable if it would be dealt with locally," Adelman said. "Ten years after, and we still don't have a solution."
The pipeline proposal was scuttled by
Camp Meeker resident and Conservation Action co-director Denny Rosatti said they want a solution that will enable lifting of the building moratorium that prevents them from even adding rooms to their homes. On the other hand, the 700 residents of
"The bottom line is that we need something that is affordable and makes sense," Rosatti said. #
http://www1.pressdemocrat.com/article/20080318/NEWS/803180332/1033/NEWS&template=kart
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